QUESTION

Is there any advice you can offer me to dispute these charges and perhaps get my money back?

Asked on Dec 17th, 2012 on Personal Injury - Florida
More details to this question:
I was in a car accident at an intersection where I was t-boned by another driver. There were no witnesses to the accident. I believe that she ran a red light. I had been stopped at a red, and when the light changed, I proceeded with my turn. That is when I was hit. After the accident, while we were waiting for the police to arrive I watched the light pattern and the two lights were never green at the same time. The police report relayed the facts from our statements, but did not provide conclusive proof of fault. The officer told me that when someone asks if they are getting a ticket, to him that shows the guilty party. The woman had asked if she would be getting a ticket. The only ticket that was issued was to me because I do not have insurance. I am a licensed driver but do not own a car. The car I was driving was my brothers and he does not hold insurance on the car either. When I tried to file a claim with the woman's insurance company, it was denied. The insurance company claimed that I was at fault because she was established in the lane. Now not only do I owe my brother for his car, the insurance company is coming after me to pay for the woman's car.
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6 ANSWERS

Ronald A. Steinberg
First, driving an uninsured car is stupid, because now you have to hire a lawyer to fight the ticket and to fight her when she sues you. Second, in Michigan, you would be unable to sue the other driver because you knowingly drove an uninsured vehicle on the public roads. Third, in Michigan, if you were insured, you could get all of your medical bills and other benefits paid by your auto insurance.
Answered on Dec 24th, 2012 at 12:55 PM

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Your brother is very likely the party in interest who has standing to bring a legal action for the damage to the car. If you suffered personal injuries, then you would also have standing. You can wait for the insurance company to sue you, or you (or your brother more likely) could start the legal action. Please consult a lawyer who can evaluate all the facts and advise and represent you Good Luck.
Answered on Dec 21st, 2012 at 1:25 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Leave the decisions to the insurance company. You are in a he said, she said case (both sides claiming fault on the part of the other) the insurance company thinks it has a 50/50 chance on each such case so why should they pay you.
Answered on Dec 20th, 2012 at 2:09 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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First of all, who got a ticket is not even admissible in a civil case, so it would just be a swearing match between the two of you. Police reports are not admissible, either. If your brother had insurance on his car, it should defend the case against the other woman. We are required to carry property damage insurance on our cars, so your brother probably had insurance to pay for the other woman's car. I would tell your brother to pursue the other woman's insurance for the damage done to your brother's car, since in all likelihood they will pay 50% of the damage to your brother's car since neither of you can prove fault, ergo the 50/50 figure I threw out.
Answered on Dec 20th, 2012 at 12:35 PM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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You have to dispute liability. Florida uses "comparative negligence," so if she is 50% at fault, her company pays 50% of your damages. You can go to small claims court without a lawyer, but the maximum you can claim is $5,000.
Answered on Dec 20th, 2012 at 12:35 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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While I would not suggest initiating a claim on your own, however, if the insurance carrier for the other party is filing an action to recover the property damage against you would suggest that you file a counter claim for your property damage and any physical injuries you may have suffered, essentially asserting that the other driver was the cause of the accident.
Answered on Dec 20th, 2012 at 12:35 PM

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