today i got into a car accident. my 2007 yaris which i have had for less than a month was side swiped by a delivery truck which in turn made me crash into another car. the impact from the delivery truck made me lose control and slam right into a the steel bar hitch on a lifted truck. the damage to my car is pretty bad. so far i am uninjured with a little pain in my back side. should i seek legal action for this collision. i have never been in an accident before and this is causing me a great deal of distress because the car is probably totaled and i cant make it to work. the accident was the truck drivers fault, he even acknowledged he heard my horn. what should i do?
2007-01-10 18:58:18 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Wow, it seems like everyone here is forgetting that this is a delivery truck that hit you. While I agree with everyone else's suggestion that you go see a physician then a lawyer, you have to realize that the driver's company AND the company's insurance carrier are now liable to you for your injury. It's more complicated than Joe Somebody hitting your car. Your injury may seem very minor but it can be latent and manifest itself at a later date, say, after you've settled with the company and it's insurance carrier.
My advice: do NOT try to settle this on your own. The company owes a duty to those on the road that its delivery trucks will not injure anybody. Plus, the driver has already admitted fault and that admission is imputed onto the company. If you settle yourself without the aid on an attorney, you'll lose yourself more money. Sure, an attorney will take some of your money, but would you rather them take a small percentage out of $20,000 (for example) or only get yourself $2,000 by settling this yourself?
2007-01-10 23:17:35 · answer #1 · answered by Caity.Esq. 2 · 0⤊ 0⤋
Immediately contact your automobile insurance carrier. If the city police, highway patrol, or any other recognized traffic control agency was involved, a report will be filed. Your insurance carrier has attorneys who will determine culpability.
Should you desire to initiate "personal injury" action, you will probably have to retain an attorney, at your expense, to pursue that action. You may be able to find an attorney who will accept your case on a "contingency" basis; which means their fee will be paid dependent upon the amount of money you may receive by suing.
Your insurance company will determine the amount of money you are to receive in the event your car was "totaled". Any liens, money you owe to a finance company against your car, will be paid before you receive any money. If your lien is more than the insurance carrier will pay, you are responsible for the balance.
Should the operator of any of the other vehicles involved in the accident feel you are responsible, claims will be made against you via your insurance carrier.
Resolution of automobile accidents may exceed five years!
2007-01-11 03:26:22 · answer #2 · answered by Baby Poots 6 · 0⤊ 0⤋
First, file a police report. Then report the accident to your insurance agent. Take medical exam if you have injury or pain. If it is the other party's fault, the other party's insurance will take care of the medical part. You can ask for a loan car until yours is fixed or replaced if totaled. You only need a lawyer if your injury and lost is more than the insurance would cover.
2007-01-11 03:12:24 · answer #3 · answered by h2o 2 · 0⤊ 0⤋
Absolutely, and I bet his insurance company tries to settle your medical before you can get a lawyer! That is if it was not your fault. I can't tell what kind of accident you are talking about!
2007-01-11 03:10:07 · answer #4 · answered by cantcu 7 · 0⤊ 0⤋
your insurance company or his, depending on the state will pay for a rental car and the damages or a new car(valued at what your was)...if you are really hurt, you need to seek medical help and not settle your claim until your treatment is complete....if you are not hurt, forget it....karma is a boomerang and if you make some money, you will suffer another loss...maybe much worse.........
2007-01-11 03:11:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Get to doctor first, then lawyer asap.
2007-01-11 03:04:47 · answer #6 · answered by m c 5 · 0⤊ 0⤋