a few weeks ago my husband was involved in a car accident, the other driver was given the ticket at the scene of the accident, and my husband concerened with the other drivers condition called an ambulance for her. well when i called to file a claim with her insurance company i find out her policy has been cancelled, so i file the claim under my uninsured motorist. well now come to find out the other driver is being represented by an attorney and claiming bodily injury. Is it possible for her to win anything being that she was the one who recieved the ticket at the accident and my husband did not recieve any citations or anything?
2006-11-22 01:37:52 · 3 answers · asked by Jenn 2 in Politics & Government ➔ Law & Ethics
First of all, your insurance company is on the hook for the money, so relax about that.
In this day and age, everyone sees those damn commercials on TV from the injury lawyers and can't wait to get in there when they are in a wreck. I've worked SO MANY insurance claims like yours... these people and their attorneys are real pieces of work. They always send them to the same chiropractor and then claim neck injuries, loss of wages, etc. If she was clearly at fault, the insurance company will do a initial investigation to make sure, then tell her and her attorney to take them to court. That will stop it, because the injury lawyers (who are working on a percentage) won't go out of pocket for a loser.
Tell you husband, DO NOT SAY ANYTHING to anyone who calls him over the phone about this wreck!! That's an old trick, the other side will call and say, "I just need to get a recorded statement about the wreck to clear my files" and a year later you're getting quoted in court if you say the wrong thing. If they want to do a deposition with him, he has the right to have an attorney with him and or his insurance company will have legal counsel there, in person. I wouldn't worry about it, don't let it ruin your holidays, it will take months before anything is settled.
2006-11-22 01:45:59 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It is always possible. And the attorney may be to file against the auto company rather than your husband. I'd talk to an attorney if I were you! And contact your insurance company, they may provide legal support for their insured.
2006-11-22 01:41:50 · answer #2 · answered by Aggie80 5 · 0⤊ 0⤋
The ticket helps your case, but insurance companies have to agree between themselves on liability. When the other motorist is uninsured, your company may consider it not worth fighting in court and pay up - or they may make a stand and fight her on it.
Either way, it's not going to be up to you - the suit will be handled by your insurer.
2006-11-22 01:41:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋