I was in a accident were i was driving thru an apartment complex and a driver talking on his phone backed out in front of me causing my car to be totaled. Mr.Simmons years of experience, and knowledge of the court system would be beneficial to everyone he represents. Is this legal? That said, all parties involved in an accident are still required to stop their vehicles and exchange information. I can understand your not wanting to risk the insurance companys raising your premiums for what sounds like a very minor incident. Your defense attorney will also be able to answer whether or not your face jail time, as laws can vary by state. Initial consultations are generally free, so youll be able to find out whether the attorney is willing to take on your case without any cost to you. Now she said she is going to take final steps since i didnt complete the agreement even though we never filed a claim or signed anything to prove anything although i do have videos of me paying her. Hang in there, lawsuits are stressful, but a civil lawsuit will not ruin your life. If you caused the accident, her insurance company can come after you for the damages. Police auto accident reports record essential information about an accident. He won the case and my appreciation. Heres a resource list for you to start with: https://www.enjuris.com/pdf/ (Be sure to fill out the post-accident report form while everything is fresh in your mind. I have not contacted my insurance. You can find an Alabama lawyer in the Enjuris directory: https://www.enjuris.com/directory/alabama/. If the other driver is lying about the accident, we can help. Learn more about what to do after a car accident. Fast forward two years and I get a summons/notice to MY name that the other driver is suing ME for the full amount allowable by law ($6,000 plus 10% interest from the date of the accident which is BS anyways because his car is the same year as mine, but a crappier make/model and he had less damage then we had. Hi Joann that sounds like it could be tricky indeed! I braced myself and it sent me flying a few feet .. my husband was hit on the driver side by a car that sped through a red light and also didnt have on headlights, when I got to the scene both cars were totaled. Common Challenges in an Employment Law Claim, How To Negotiate a Settlement With an Insurance Claims Adjuster. This just recently happened, but I was stopped at a red light, and this guy behind me crept up on me and lightly, and I mean as light as a feather, tapped the back of my car. My family is not one to sue, but I realize that my very life could have been taken in a flash. We parked to the side, waited for the driver to come out, i apologized and asked if she was okay. The side of the road has gravel and debris so there wasnt any tire marks. I was not expecting this as right now as I thought my car insurance company was on top of things and money is a big concern 25k plus interests is what they want and I barely get paid to survive. My question is what if the address on her driver license is not a valid or current address? I am sorry this happened to you. you can certainly offer to pay out-of-pocket and that will likely resolve the matter. Present whatever facts you have, along with a copy of the claim that was served to you so that your lawyer can advise you on how to proceed. I would recommend speaking to an attorney in your area. That means, he is within his rights to sue you. It happens to everyone! Physical evidence and surveillance footage are also . Later that day, I called her and she was unavailable. and shell be paying it off for awhile yet. Dude had my number because I gave it to him when I called him the first time, after 6. Do I have anything to worry about legally? One important thing to remember is that your insurance company isnt necessarily your ally. I filed a claim with my insurance and a police report. No damage with my truck and minor on her, she initiated that she doesnt want to call the police. Over the months i paid her $1350.She is still fighting for the remaining 500 even though i told her she could take her car in to another car shop were they wouldnt charge more than 600 and she could keep the change. When he told her that his brother hit her car, he said hed give her his brothers number and she can handle it. If theres no damage to their car, then theres no issue, really. Originally, the other driver said that only her license plate holder was broken and her tail light knocked loose. I tried to be nice and see if he could. . It definitely seems like you should contact a lawyer, though. In other words, you dont pay the lawyer right now; they will receive a portion of the damages when the claim is resolved. If your wife scratched his car, he has the option to go to his insurance company or sue you for damages. Boyfriend is very reluctant to pay out a cash sum without a proper appraisal of the damage, as this family member is not necessarily trustworthy. I tired to appeal to get him to take the witnesses statement but he denied each time. Each state has a statute of limitations for a car accident, which is a deadline by which a lawsuit must be filed. Best of luck! Use our free online directory to find an attorney. Is it okay if theres no police report if she didnt want one/ no injuries? I got in an accident today. This man went out and god knows what he did to his car and himself to sustain this image of my husband doing this to him. From the testimony of the drivers and witnesses, the physical evidence at the scene of the accident, the officer's experience in investigating accidents, and any special training that the officer has, he or she will prepare a report that details how the accident happened. Was in a miner fender bender in Illinois where the vehicle began to move forward at a stop light and hit his brakes I did make contact but the majority of the damage was to my car being a small compact and his Lexus suv, not sure of the year had scratches on the bumper I put on hazards and asked him if we could pull ahead as to not congest traffic, that Id prefer to attempt to resolve financially on our own, preferring to not be ticketed as I was the one unable to stop although I dont consider myself completely at fault! What are my options, My 10 year old daughter was hit while a man mad a right hand turn into a neighborhood . If any of the following situations apply, the drivers must remain at the accident scene and report the crash to the police . I got home Sunday and seen my vehicle it was bad. No-Fault Car Accident Liability . The Enjuris law firm directory is a great resource to find a lawyer near you who specializes in this type of claim. Now the car in front of him the bumper had a dent and came off. When you're ready, you can connect with a lawyer directly from this page for free. Second, its always a good idea to get a police report at the scene. Should I contact my insurance? Will my liscense be suspended? He never filled a police report and we really dont have any evidence that this is what happened. Nevertheless, be prepared to speak with an attorney in case she decides to take legal action. Hi, Kathleen. If you live in a traditional fault state and you are embroiled in a "he said, she said" claim, it's particularly important to talk to a lawyer because you'll have to prove fault before you can get compensation. Yes, you can certainly sue. I would recommend reaching out to an attorney in your area. Pm. Your insurance should cover most of the damage. I was like did that really happen to his car? A native North Carolinian and a fourth-generation lawyer, Ralph W. Meekins literally had the desire to help those who are not able to help themselves as well as to be a practical life adviser to people in his blood. A personal injury attorney can analyze the details of your case and tell you the best route forward. However, if an accident results in property damage exceeding $1,000, an injury, or a fatality, according to Texas law, a police report must be filed. Most agencies now handle accident report requests online, or you can call the police department for instructions. If the father of the owner continues to demand payment, I would talk to your insurance company or an attorney. Because of this, the attorney might recommend simply paying for the damages. The reason being, I offered at least five times to call the police and was repeatedly told No, it was not necessary there was no damage. Chances are that witnesses to the accident arent personal friends. Any advice would. Does that help my side? Since the accident happened in a different county, the police in my county then left. Were available 24/7. You need to file a vehicle accident report if anyone is injured, killed, or if you feel property damage is over $1,500 in value. If they refuse to do so, be sure to mention to the judge that you politely requested that the party get a second opinion (bring the letter and proof of delivery with you). She went and filed a police report, so it was documented since she wasnt parked close enough to the cameras, the cops said its going to be tough since its a hospital parking lot and so many people arent even from around here that come and go so the chances of finding the person that hit her is pretty much slim to none. In the meantime, be sure to keep copies of all your medical records and photographs. I would recommend speaking with an attorney in your area. I felt like I was just bruised so I just wanted to go home and not go to hospital and deal with police reports all day. If you are at fault for the accident, the other drivers insurance is irrelevant. I was trying to make a right turn on the green light and turned slowly, then heard a loud sound and saw a cyclist at the place between the front of car and the passenger door (position around 1/3 of car). Avvo Rating: 10. From his actions with the police and admitting that he offered me money and that he passed his turn ( which is the reason he backed up), the police found him liable and gave him the citation. For one thing, the sooner you have a written account of what happened, the better. What they could do in this situation? I was in Louisiana visiting and my daughters friend hit my car while it was parked with no occupants. Hi, Layla. They have it prepared like it will help them and that is all that matters to them. A taxi failed to make a complete stop at a stop sign and we T-bone. Most attorneys offer free initial consultations, and an attorney may have some ideas about how to track down the driver (security footage, route maps, etc.). I had a destroyed rim and a lot of car damage. However, your attorney knows the ins and outs of your case better than me and you should direct these questions to your attorney. There was no police called he was not injured and now hes claiming to be hurt also what should I do please help I am a single mother with six kids working at a fast food. You need to report an accident to the police by dialling 101 - the police non-emergency number - within 24 hours. Why Are Medical Malpractice Claims Considered Civil Cases? Since youre dealing with so many questions of fact, Id strongly suggest calling an attorney to help you work with your insurance company and also the other drivers insurance, if necessary. After this, I asked to see if there was any way they could give me the name, number, or any form of identification of the at-fault driver, so that I can attempt to contact him myself, and they said they did not have that information, all they knew was that the at-fault driver was referred to as Jerry. 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