I was driving and there was a woman standing the the middle turn lane, she walked out in front of me, i swerved but still hit her. She sustained mild injuries.
Since there was no crosswalk the accident report says it was her fault. There was a witness who also said it was her fault and there was no way i could avoid her. Immediately after the accident she said she was so stupid (repeatedly).
I was not speeding (my mph on accident report is actually less than speed limit).
I just got a letter from her lawyer saying to let my insurance company know she's filing suit.
Does she have a case here? I'm terrified and freaking out!! I thought if it was her fault i would be alright. Any lawyers out there?!?!?
2007-01-11 09:46:52 · 10 answers · asked by bird5196 1 in Politics & Government ➔ Law & Ethics
In response to some replies, i did contact my insurance company (so stop saying i seem suspicious) and she has my insurance info but i don't have hers because she wasn't driving a car!!!
2007-01-11 10:14:31 · update #1
First you must be sure that you know the witnesses name, and that she can be found. If that witness will testify that it was her fault then you will have nothing to worry about. Same thing happened her with my girlfriend. Witnesses told the truth and everything went fine. So if the truth is told then don't worry, that witness is your best friend right now.
2007-01-11 09:53:39 · answer #1 · answered by mykd4sound 2 · 2⤊ 0⤋
No need to be terrified and/or freaked out. Simply turn over the lawyer's letter, and a copy of the police accident report, to your insurance company. Your automobile insurance policy not only provides for coverage for damages against you, but for legal representation also. Call the claims dept. phone number shown in the policy and ask them specifically what you should do. If you have a local agent, give them the documents. They will take care of everything. But do it SOON. Don't waste time trying to locate witnesses or otherwise playing lawyer. Hope this helps.
2007-01-11 18:10:49 · answer #2 · answered by Pete 4 · 1⤊ 0⤋
Doesn't matter if she has a case or not - you are not involved. This is between her lawyers and the lawyers at your insurance company.
Make no statements. Do not reply to the lawyer. Refer any and all calls or correspondence to your insurer WITHOUT comment. If someone calls from the other party and asks you for a statement, tell them you can't speak to them without first clearing it with your insurance company.
This is an ambulance chaser, and will be looking to trick you into a statement that will help him get an unjustified settlement from your insurance company.
Now, the way things work, they'll likely pay her something to get rid of her - that doesn't mean you did anything wrong, and it probably won't put your premium up.
2007-01-11 19:16:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
She's contributory negligent. If she actually follows through with this and everything you say is true, chances are if it ever went to trial the ruling would be in your favour. She was clearly the author of her own demise and if in fact you do end up winning in court chances are that she can be ordered to pay your legal fees and court costs. I'm a law clerk student and I'm just learning about all this stuff but judging by what you said and the little bit that I've learned thus far I'd say that you shouldn't worry too much. There's only really two issues: Liability and Damages. You aren't liable, she is, so don't worry about that. She may be trying to sue for damages but if it turns out that she loses in court, she'll be the one dishing out the money.
2007-01-11 17:54:03 · answer #4 · answered by Glen Quagmire 3 · 1⤊ 0⤋
I live in Wisconsin, and I believe here the pedestrian always has the right of way, even without a cross-walk. It is considered in-attentive driving to hit a pedestrian and you would be at fault. ( I remember that from a long time ago, it might be different now.) I would still fight it though, because now adays, people try to get hit on purpose to collect insurace money for minor injuries. Good Luck.
2007-01-11 18:05:13 · answer #5 · answered by KC 3 · 0⤊ 1⤋
Personal injury attorneys do not! care about the facts. They use threats of lawsuits to try to extort money from insurance companies.
If you have liability insurance, notify your insurance company ASAP. A claims adjuster will investigate. If you get sued, your insurance company will have to provide you with a defense attorney. All expenses will be covered.
This sort of thing happens so often, it forced me into early retirement.
2007-01-11 17:59:40 · answer #6 · answered by regerugged 7 · 2⤊ 0⤋
The accident report and witnesses are your best defense. Hire a lawyer
2007-01-11 17:55:56 · answer #7 · answered by vamedic4 5 · 0⤊ 1⤋
yeah, i would say you need a lawyer. interesting how in your explanation of the facts they seem to be all in your favor except for the pesky omission that you did not trade insurance information. or that you don't seem to have reported this to your insurance company. sounds very suspicious
2007-01-11 17:56:22 · answer #8 · answered by Anonymous · 0⤊ 1⤋
She's probably suing for medical. She can do that, that is why we pay insurance. You can let your insurance company handle it, or seek legal advice. I think Insurance Companies have their lawyers.
2007-01-11 17:53:44 · answer #9 · answered by xcelix 4 · 2⤊ 1⤋
try going to the pre-paid legal website or contact a pre-paid legal office close to you. they can give you cheap legal advice.
2007-01-11 17:54:07 · answer #10 · answered by suz 1 · 0⤊ 2⤋