Was involved in an accident, driver side swiped me on driver side while i was on left lane, no other lanes on my left. Driver tried leaving the scene, i followed, went through various sites, when turning he suddenly stopped and braked i hit him on side of back bumper. Three witnesses at scene. Driver was arrested, DUI, leaving the scene, tag suspended, etc. Driver has a horrible insurance company, takes too long to pay out, i called my insurance, they said the accident was actually two incidents and making me pay out 2 deductibles, they said they have to review the last incident where i impacted other driver, might put me at fault. I was not at fault have witnesses, and I don't want to loose one or any deductible for someone else negligence . How should i proceed, sue my insurance, the driver, or his insurance company? Should I sue in a small court or somewhere else? Should I sue at all? Is it worth it? I have lost my financial stability was planing on buying a house. A little lost.
When I take on a case where witnesses affect the liability, I always meet with the witnesses and have them explain what the actually observed. I have them then complete and sign an affidavit and attach a diagram to help explain what they saw. Then I would approach the insurance company from a position of strength to obtain the benfits my client is entitled to. It is best to obtain witnesses statements ASAP before they begin to forget little details. Photos of the scene and of the injuries are also very important. Due to the complexity you have discussed with the second impact, you may need an experienced accident attorney to help you with the case. I suggest you review attorney profiles, client reviews and peer reviews to obtain the best attorney for your situation. It should also be a a Florida attorney as the laws vary from state to state. I hope this is helpful for you.
Waynebilsky@bilskylaw.com
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