My 81 year old grandmother was involved in a car accident today where she was not at fault. An employee of a Toyota car dealership was in a marked company truck, and tboned her, totaling her car, braking her wrist, causing severe bruising, possible broken ribs, knee issues, and so on,not to mention she just had major back surgery a month ago, and her passenger, a 78 year old women suffered a dislocated collarbone and a broken hand which is going to require surgeon by a specialist. They are both in severe pain, and we are looking into sueing. The woman was definetly at fault, there were more than 5 witnesses who reported what they saw to the state trooper, so it's in the report. What kind of case would we have against Toyota, if one at all? I mean there is pain & suffering, medical bills, and the car that was totaled is a 2004 Lincoln Towncar Ultimate with only 16,000 miles, which is valued at $24,000 on Kelley Blue Book. Any answers would be greatly appreciated! Thanks!
2007-10-18 17:58:06 · 7 answers · asked by Meagan M 1 in Politics & Government ➔ Law & Ethics
I do think you should consult with a lawyer about this as soon as possible, but this may not be the best kind of case in which to sue. Hopefully, the threat of a lawsuit would result in a nice settlement offer from Toyota, but if not, the actual cost of a lawsuit would make it unappealing for an attorney. It's possible that the attorney won't even make enough money to cover his costs, as doctors, accident reconstructionists, and other experts who typically charge well over $300/hr are necessary to win this type of case. But please consult a lawyer, as your grandmother deserves to get something out of this, and only a lawyer can actually assess your chances of winning and how big of a settlement you are likely to receive.
2007-10-18 18:11:23 · answer #1 · answered by dirtydozenfreak 2 · 0⤊ 0⤋
Lawsuits are pretty outrageous. That's not unusual. Call you insurance company immediately. They will hire a lawyer to defend you (and they pay the bill). However, they need to get that lawsuit from you asap. When you are served, a clock starts running. Your lawyer has to get an answer on file with in 30 days of when you got that suit. If you don't it's an automatic "you lose" (Default Judgment). When you contact your insurance company, they will get the suit papers to a defense attorney and the they attorney will get an answer of file. The more time they have the better. Call your insurance adjuster first thing tomorrow morning. The adjuster will need to know when you got the suit papers (date/time) and how (process server or certified mail). Then they will make arrangements with you to get the papers to them. If the other guy is claiming a bunch of injuries from a very minor impact.....that's exactly why the law suit was filed. Your company may not be agreeing to pay for all the cr@p that the guy wants. It happens. Your insurance company will hire a good lawyer that specializes in this type of case.
2016-05-23 15:22:06 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Your grandma and her passenger should hire an attorney to file a suit against the owner of the vehicle, the Toyota Dealership and the driver.
The grandmother's vehicle should be paid by the insurer of the other vehicle right away, if causation has been stipulated.
In many states, to file a suit for personal injury, the claim must be filed at a Superior Court within 2 years of the accident.
Hire an attorney.
Good luck.
2007-10-18 18:09:25 · answer #3 · answered by MenifeeManiac 7 · 0⤊ 0⤋
your law suit would be against the car dealership and probably not Toyota but you should be able to get an attorney to handle that for you without paying any money until you win. if there is any evidence available you may want to get that also - pictures of the car and so on. If what you say is true, that is was not your grandmother's fault and there are witnesses to verify that, you will win and it is only a question of how much you will receive.
2007-10-18 18:05:32 · answer #4 · answered by Al B 7 · 0⤊ 0⤋
Toyota is not at fault but the dealership is. Also make sure you take pictures and use a video camera. Video taping the injuries will help your case when in court. The impact of a elderly person with bruises proves your case. also video tape the car damages to show the extrem of the impact and any skid marks. Video tapes brings the jury to the scene of the accident and also shows them what you see with the injuries of your loved ones.
2007-10-18 18:29:06 · answer #5 · answered by john a 6 · 0⤊ 0⤋
I definately think you should get a lawyer. Hopefully a crazy one to match yourself.
2007-10-18 18:07:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
CALL A LAWYER RIGHT AWAY! GET A POLICE REPORT!
2007-10-18 18:01:19 · answer #7 · answered by ssweeps 3 · 0⤊ 0⤋