I was in a head on crash , i was the victum . It was snowing, and he crossed the center line in my lane, i had to have sugery and racked up 15 k in bills . But to find out nobody was charge not even him . So his insurance company "a BIG insurance company " your in good hands , dont want to pay for anything ! The sugry was on my elbow, and he did total out my car witch they paid for already. Just woundering due i sue the person who it me and drag the officer in that was at the accident for not righting a ticket . I also lost time at work a month of it. And my lawyer will get 33 % of the settlement if there is one. Just woundering what i need to due.
2007-04-09 01:36:03 · 6 answers · asked by doug n 1 in Politics & Government ➔ Law Enforcement & Police
Sue him and his insurance co. for injury, lost wages, etc.
These things generally are settled out of court.
They accepted responsibility for your car....tell you anything?
2007-04-09 01:43:03 · answer #1 · answered by ed 7 · 0⤊ 0⤋
Losing 33% of a settlement to your lawyer is still better than not being compensated at all. Go ahead and file a lawsuit against the other driver. Their insurance company has already claimed some fault by paying for your totalled car. You should be entitled to monetary payouts for your hospital bills and the wages lost from being unable to work. You may even be able to throw in some punitive damages, depending on your state.
As far as the officer not writing a ticket goes, your state may be a "no-fault" state which means it is not up to law enforcement to determine fault in auto collisions. It is left up to the insurance companies to figure out who is at fault. Your insurance company should have also compensated you if the other driver was UNDER-insured. Many insurance policies cover you if you are in a collision with an under-insured driver. It may make your premiums go up, but you also won't have to worry so much about paying for hospital bills as in your case.
Either way, good luck.
2007-04-09 02:08:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Whether or not anyone receives a ticket should be irrelevant. Some departments insist a ticket be written and others won't allow the officer to write a ticket if he didn't witness the accident. The claims adjusters make the decisions regarding accidents and fault, not the police.
If they accepted responsibility for your auto, I can't imagine why they aren't doing the same for your injuries. Have you spoken to the claims adjuster and submitted everything they've asked for?
I would call the claims adjuster and asked why they are denying coverage for your injuries. Maybe it's just a matter of them not having all of the documentation that they need.
2007-04-09 02:05:03 · answer #3 · answered by Jessica S 3 · 0⤊ 0⤋
A officer does not have write a ticket, So there is nothing to drag a officer into court on, The officer can be called as a witness to testify about the accident.
If they already paid for your car, they have admitted fault, so you may want to call them up and tell them one last time, if you don't get paid, you will get an attorney and have to ask for more of a settlement.
2007-04-09 10:56:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I paintings for AAA and permit me make one element very very sparkling...neither AAA, or the different coverage business organization accessible, makes use of Kelly Blue e book, vehicle dealer, Nada, and so on. to settle entire loss claims. all of them use outdoors marketplace analyze companies to verify the certainly money fee of your motor vehicle--evaluating your 365 days/make/kind/situation/mileage/determination... to those in the marketplace place. this gives you a extra precise parent. till you're chatting with the claims adjuster, suggestion you acquire from an agent, client help agent, holiday agent, and so on. isn't solid--adjusting claims isn't their uniqueness, they at the instant are not conscious with regards to the various criminal themes to hand. via regulation, you're in common terms entitled to get well the ACV of your motor vehicle, that could or will possibly not pay off your own loan. they at the instant are not to blame for what's primary in the vehicle marketplace as "over financed" autos or depreciation. you may turn down the furnish, you may settle for the furnish. you will get your coverage business organization in touch and function them run the numbers on your motor vehicle and then take the extra appropriate furnish. i'm curious nonetheless, as there are in common terms 2 AAA golf equipment in the U.S. that write coverage, which club you're dealing with, vehicle club of So. Cal, or CSAA.
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2007-04-12 22:15:42 · answer #6 · answered by passport2 2 · 0⤊ 0⤋