My husband was in an auto accident on August, in result he t-boned a truck that ran a red light. The other guy is fighting the citation, went to court, got a continuance that isn't until october, meanwhile we sit here and wait. We have a witness statement that says he was at fault, the witness was sitting at the red light when the truck went around him to run it. The other guy put an ad in the paper, looking for other witnesses, and my guess is he must have found someone that said he was in the right. I had GM inspect our vehicle and they said that 1 second before impact my husband was doing 12 mph, which to me shows he was not being wreckless, and that the other guy was speeding because his truck flipped 2x. Do we get a lawyer and go after 2 months of car payments, 2 weeks of loss wages, or do we do nothing? Please help.
2007-09-14 09:50:00 · 12 answers · asked by kristine 2 in Politics & Government ➔ Law & Ethics
You don't mention whether you have insurance. Usually, if you have insurance, your company should be handling all of this for you. So, scenario one is you do have insurance, you reported the accident and your company has handled the basic items like covering your car, but you want more - like lost wages, etc. If this is the case, I recommend starting with your adjuster for his/her recommendation on how to proceed.
Scenario two is that you don't have insurance, and so you are struggling with this on your own. In that case, it might be better to hang back and see what the other guy does: if you get a lawyer, that might suggest that you have money, which might just invite the other guy to sue you, and you have no protection if you're not insured.
On the other hand, if your only possible damages are items like car payments and a few weeks of lost wages, you could just go to small claims court. (It's unlikely an attorney will be interested in the case anyway). You would need to show he was at fault, and it seems like you've established that to some degree.
You have plenty of time to figure this out - every state has a statute of limitations - once the statute runs, you can't sue anymore. But, if the accident just happened last month, you should have time - the exact statute varies depending on your state, but it is usually at least one year after the accident.
2007-09-14 10:04:40 · answer #1 · answered by LawMom 3 · 0⤊ 0⤋
At the accident scene you will need to collect the names, addresses and contact numbers of all the individuals involved in the accident.
In addition to this you should make a note of the make, model and registration numbers of the cars involved, particularly if the police are not at the scene. Having the registration number is a good safeguard against someone who gives you false contact information, as the police should be able to trace the owner of the vehicle from the Driver and Vehicle Licensing database
2014-04-27 18:50:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Definately go get a lawyer. Or at the very least get a consultation. Sounds to me like if you have the reports from GM it should show something. Also the police report filed will have who was at fault and its hard to fight a police report. They measure skid marks and damage to vehicles to determine who was at fault. Most attorneys will give a free first consultation.
2007-09-14 09:56:16 · answer #3 · answered by cynicalgurl_84 3 · 0⤊ 0⤋
i would go with a lawyer and go for whatever you can, los wages, damages, medical bills, car payments .
if this happened at an intersection, most of them have cameras so you can get a copy of it and it will show who was at fault. whatever evidence you have stating that your husband was not at fault or was being reckless would be great. if the other guy has a lawyer already and your lawyer presents him with this im sure they will settle before it even goes to court.
GOOD LUCK!!
2007-09-14 09:55:51 · answer #4 · answered by Becky 3 · 0⤊ 0⤋
If your vehicle was damaged and if you have collision insurance, use your own insurance. If your husband was injured, he should get any necessary treatment he needs. Most auto policies include medical payments coverage.
You don't have to await the outcome of any traffic court hearing. If you know who is the other driver's insurer, contact the company and tell them you intend to make a claim.
2007-09-14 09:55:45 · answer #5 · answered by regerugged 7 · 0⤊ 0⤋
You can get free legal advice on websites like LawGuru, FindLaw. Check this out for more info http://www.uelp.org/freelegal.html
2007-09-16 03:01:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You need to consult with an experienced attorney. He will tell you what compensation you can get
2015-08-09 21:28:00 · answer #7 · answered by ? 2 · 0⤊ 0⤋
Your Insurance Company handles all that.
2007-09-14 09:55:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋
uhhh get a lawyer asap.
2007-09-14 09:55:37 · answer #9 · answered by spreetray 2 · 0⤊ 0⤋
u need to talk to a lawyer.
they will tell u what u how much u can get.
2007-09-14 09:56:02 · answer #10 · answered by Anonymous · 0⤊ 0⤋