late july 06 i was in a car accident with a man and his wife who ran a red light and hit the passenger side of my car. he hit the whole side of my car and broke the axle and ruined just the whole car out of whack! i had a witness who stopped to help he was going the opposite way of me so we had the same green light and stayed with me until the cops came. he did get a ticket for running the light. i did go to the hospital and went to physical therapy for my back and i got a hold of a lawyer, they said the car was fully insured but it wasnt his car and his name wasnt on the insurance coverage and theres really nothign they can do!!! is that really serious!!! this @#$$# ruined my car and he doesnt have to pay for nething????!! the lawyer takes forever getting back at me so what should i do?? help please! i havent driven that car cause im waiting for it to get fixed and the passenger door cant even open its getting the transmission redone $650.00 had the right wheel axle thingy$225!!!
2007-03-09 08:04:38 · 14 answers · asked by chanellove03 2 in Cars & Transportation ➔ Insurance & Registration
The majority of P.I. lawyers don't get involved in the property damage aspect of claims b/c there's no money in it for them...they don't get the kickbacks from the shops like they do from the doctors.......
Whether the other guy has insurance or not isn't an excuse for not mitigating your damages. If you have insurance to cover your car then you better well get your car fixed...you're hurting no one but yourself.
As for the guys insurance....just b/c there's a valid insurance card in the vehicle doesn't make the insurance policy valid. Every insurance policy is different, and yes the insurance can deny coverage if someone other than the NAMED INSURED or LISTED DRIVER(S) is driving the vehicle...there are some policies out there that are that strict.
If your state is a state that allows the actions of the driver to be imputed to the registered owner of the car...you're gonna have to pursue the registered owner in civil court. If you're barred from pursuing the registered owner, you'll have to pursue the driver in civil court or their insurance company. The driver may have a valid policy that covers your accident, but you or your insurance company will have to find this out.
2007-03-09 14:31:01 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
I hope every person who tells everyone to "GET A LAWYER!?" reads this question.. it made me chuckle a bit b/c people think lawyers are the magic solution.. maybe they will now see they are not.
Heres the fact of the matter. You are not telling us the whole story about why the claim was denied. If it was as simple as he was not on the policy and this was the only time hes driven the car.. you would be covered. There has to be more... perhaps he was excluded from the policy.. perhaps the policy was lapsed..... perhaps they did not determine their driver at fault (after all.. just b/c the opposite direction had a greenlight.. doesnt mean you necessarily would... their left turn lane could have had a turn signal.)
Point of the story.. if they say theres no coverage.. there is no coverage. Your lawyer isnt going to change that. Maybe you shouldnt have ran to one in the first place w/o speaking to their carrier. You need to go through your own collision coverage or UMPD coverage.
2007-03-09 16:43:13 · answer #2 · answered by la428282 6 · 1⤊ 0⤋
This is why I always pay a little extra for uninsured motorist coverage. The fact that he can't get any money is probably why he is taking long to get back with you. He is working more on other cases. I would think that they could go after the driver in civil court, assuming that he has property ( he may not since he was borrowing a car ). I feel sorry for you, this is not right. Hope your lawyer finally figures something out.
2007-03-09 16:17:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think your lawyers full of donkey doo! Who's he really working for?
If someone hits you with another vehicle, that vehicles insurance is responsible for the accident damages and injuries. That vehicle can't be legally operated on a public highway without insurance in effect except for one or two states in the country. Then, if that were the case, your "uninsured-under insured" of your policy would take effect!
I'd find another lawyer before making any irrational decisions!
Stay away from those local backyard attorneys and look for larger "firms" who have expertise and half a brain!
Don't take the advice of Cowboy Bi the "claims guy" who works for the criminals that want to ultimately rake you over the coals! Get yourself a competant attorney!
2007-03-09 20:25:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Don't let a lawayer jerk you around. Definately call someone else.
What you need to do, if you have comprehensive insurance, is call your insurance company and tell them what happened. They will probably take it from there. If they don't, shop for another insurance company when this is all over.
See if you can find out who owns the car. Call them or knock on their door and tell them what happened that, if you have to, you will get a lawyer involved. Whoever owns the car that hit you is ultimately responsible, not the driver. Sounds strange but it's true.
2007-03-09 16:18:02 · answer #5 · answered by Ferret 4 · 0⤊ 0⤋
Contact the district attorney in your county.
Unless the laws are different where you are, all the states that I've been in hold the insurance company liable for the car it insures, regardless of who is driving it.
File charges against the driver of the car.
There has to be a police record of the driver running the red light or he wouldn't have gotten a ticket.
Insurance companies will give you a run-around if you let them do it - don't.
2007-03-09 16:15:12 · answer #6 · answered by ha_mer 4 · 0⤊ 0⤋
The insurance goes with the vehicle, not the driver. The only exception is if the driver is specifically excluded - listed by name - on the policy. Ask your lawyer if that is the case. If it's not, get another lawyer, because he really should have determined this detail up front.
2007-03-09 16:35:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
it doesn't matter if he was on the policy. tinsurance goes with the car, not the driver. the insurance company has to pay you. whoever owns the policy will have to deal with higher rates.
and the first guy is right. call the office and tell them you don't have all the time in the world and that you're getting another lawyer.
2007-03-09 16:10:32 · answer #8 · answered by morequestions 5 · 0⤊ 0⤋
Basically, you were hit by an uninsured motorist, your insurance will cover you, but only up to a point. You could sue, garnish the wages, just because you win a suit though, doesn't mean you'll get money, that guy can ignore it forever, if he doesn't care about his bills, or his ethics are poor, you won't see a dime, no it's not right.
2007-03-10 23:52:30 · answer #9 · answered by fisherwoman 6 · 0⤊ 0⤋
Why did you go running to a damn lawyer? An insurance adjuster could explain your options much better than he could but TOO LATE. They are bound by law to only communicate with your legal representative until you settle the claim or FIRE him. Your 'lawyer' will do nothing and bill you thousands of dollars.
Welcome to the world of personal injury lawyers.
2007-03-09 18:16:53 · answer #10 · answered by Anonymous · 1⤊ 0⤋