Car Accident Legal Questions

Always the people liable for the injuries screaming "scam" as if that makes it so. You have insurance and they will address the claims handling and determine if the case is a "scam" or not. That stated, YES, if your son was driving your vehicle and crashed into someone, you are responsible for the damages done as if you were driving the car, under the dangerous instrumentality doctrine. That you don't like that or don't want to pay or the insurance rate hikes from the loss issues, is of no consideration. There a many instances where a person that appears uninjured at the scene develops pain when the adrenaline wears off or has injuries show up later. Its so common its actually addressed  in most hospital discharge papers. ... Read More

So if you are broke and bankrupt, under what fanatsy were you pretending to have the money to pay for $6k worth of damages as opposed 60k or 6 million? That stated, report this to your insurance carrier and give the other person your insurance information and they will handle that initial aspect for you. If she calls the cops and there is some claim of criminality like you were DUI or fled the scene or such, whether true or a lie, you wil simply have to contend with that, since for some odd reason the police weren't called to the scene. ... Read More

Yes.  If the at fault driver is not a co-employee, you can sue him for pain and suffering.  This is called a third party claim.  These cliams can be complicated because there is some overlap with the worker's compensation claim.  I would strongly recomend that you talk to a lawyer. The firstu consultation is always free.  ... Read More

So you should retain counsel and obtain copies of the police reports. Your lawyer should look at the police reports and , disclosed on those documents, will be the insurance companies representing each of the parties which would be the policeman and the other driver. Despite that this was an accident involving the police department, they still could have some liability if they were driving at excessive rate of speed. So once these documents are obtained by your counsel, you can sort this all out with the insurance companies. Feel free to contact regarding additional questions.   Stephen Black 407-581-2581... Read More

From your description of the matter, it appears that the liability insurance company for the other driver wants to settle and thereby forever close out any claims which you may have arising from the accident.  So, probably they will want you to sign a document known as a release in exchange for the small payment of $100.00.  The release document will likely state that you are forever giving up any and all claims, which are both currently known and unknown, arising from the accident.  Your decision whether to accept the $100 in exchange for the release should include an evaluation of whether you suffered any injuries or have incurred any expenses in connection with the accident.  ... Read More

No need to worry - the statute of limitations for personal injury lawsuits in New York is three (3) years from the date of incident.  Which means you have until October 2022 by which to file a lawsuit.  Best to speak with an experiened personal injury attorney - you do not want to represent yourself in any such lawsuit.  The insurance company will never take your case seriously without one. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

As a legal matter, yes they are still liable regardless of whether or not you have insurance. However, as a practical matter, some insurance adjusters tend to resent people in your position making claims and might handle your claim or skeptically. I highly recommend you contact a lawyer. If this incident occurred near the Dallas/Fort Worth area, you can get a free consultation. 214-321-8225.... Read More

This needs to be handled by your liabilty insurer at that time OR if you did not have that type of coverage, then you will need to retain a lawyer out of pocket to defend the lawsuit. Your defense is that the vehicle was "stolen" but you will have to prove there was no negligence on your part like leaving the keys out or such. ... Read More

Assuming that you were paid by your insurance company for the damage to your car, and you were not paid by the insurance company for the drunk driver, you could assert a claim for lost wages if you missed work because you did not have available transportation.  If, however, you were paid by the driver's insurance company, you may have been asked to sign a release which potentially could preclude any additional claims.  Under the facts described, I do not think that you could recover for stress under Pa. law.... Read More

Ms. Draudt, if by "being charged with a personal injury ticket" you mean you received a Summons and Complaint from an attorney, then you should report the matter immediately to your insurance company.  Your insurance company will assign attorneys to defend you and pay any judgment entered against you up to the limits of your policy.  If you received a summons / ticket from the police, on the other hand, you will have to hire an attorney on your own to defend against the charges.  You can find one using the Find a Lawyer tab on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/     ... Read More

Sorry to hear what happened to your husband.  Yes, you can certainly sue the other driver for your husband's injuries.  Keep in mind that in order for your husband's medical bills to get paid, regardless of fault, you need to file an application for no-fault insurance benefits within 30 days of the incident with your own insurance company.  And do not try to handle this matter by yourself - you'll never get a fair offer from the other driver's insurance company.  Hire a lawyer.  You can find one using the Find a Lawyer tab on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/     ... Read More