Car Crash! Any attornies on here. Help!

[Latamier]

Here is what happened. On the way to work some asshole pulls out in front of me in a little Kia. I suppose I wasnt paying attention as much as I should of been and I nailed the guy broadside, nearly cut his car in half. Well, my truck was barely hurt, just needs some minor body work and possibly a neew winch. Now this guy is calling me saying his neck hurts, and his knee hurts , and is going to sue ME. WTF, he pulled out in front of me, from a convience store as well. I thought it was the other guys fault if they pull out of private property in front of you. What should I do? The only thing that hurts on me is my left knee. I brased myself for the impact. Any thoughts or suggestions? Any lawyers out there willing to give a little free advice?

 

[nautica]

nycdefender

 

[tzan]

That sucks bud. Did you guys call the police and have them come down and write up a police report?? If you did, the police report should say who is at fault. If not, it's just his word against yours. But then again with no police report and no damage to your car, you could always just deny the fact that you were involved.

 

[Latamier]

Yes there was a report done. In fact there were fire trucks and everyone else there also. I am looking at the report right now, but dont see any place that says who is at fault. I know he was cause the cop said he was. Will this be enough for a court case? Help me out guys.

 

[Silent Method]

Damn dude, sounds like you tore your knee up pretty bad. It's too bad to hear about the double vision, but don't worry, your short term memory should come back soon. If I was you, I'd go back to bed and put that ice pack back on your neck.

 

[XXXL]

he will have to sue your insurance company first (depending on the state). just give them a call and they will provide that leagal assistance.

but don't admit to not paying as much attention to driving as you could have. duhhh LOL!

 

[pittbull2]

I agree with xxxL , call your insurance comp and they will find out the details and again DON"T even say you wasn't paying attention or you might be paying out your pocket later when your insurance goes up.

 

[pittbull2]

Oh i forgot let your insurance comp know about all the things wrong with you your knee might really come back to haunt you later in training.

 

[big e 75]

I am an attorney.
It is very important that you find the cop and get him to ammend his report or to submit to questions. If your knee hurts, GO TO THE EMERGENCY ROOM NOW!! Do not wait. I had a case similar to this. If you have a valid claim against him, he will think twice about filing against you. But I can not stress it enough, go to the hospital (if it hurts, tell them that you can hardly walk) and find that cop!! If he says that he will testify, this clown may go away.

He can file suit against you. Do you have a lot of assets (besides your gear stash)? Otherwise, it would only make sense to sue your insurance company (deep pockets). In any event, call your ins agent and make it clear that you were not at fault and you are hurt. They will sic their attornys on this guy. You will pay nothing.

Good luck.

Big E

 

[georgie24]

I am an attorney.
It is very important that you find the cop and get him to ammend his report or to submit to questions. If your knee hurts, GO TO THE EMERGENCY ROOM NOW!! Do not wait. I had a case similar to this. If you have a valid claim against him, he will think twice about filing against you. But I can not stress it enough, go to the hospital (if it hurts, tell them that you can hardly walk) and find that cop!! If he says that he will testify, this clown may go away.

He can file suit against you. Do you have a lot of assets (besides your gear stash)? Otherwise, it would only make sense to sue your insurance company (deep pockets). In any event, call your ins agent and make it clear that you were not at fault and you are hurt. They will sic their attornys on this guy. You will pay nothing.

Good luck.

Big E

sounds like solid advice i would take it!

 

[haxedout]

Damn dude, sounds like you tore your knee up pretty bad. It's too bad to hear about the double vision, but don't worry, your short term memory should come back soon. If I was you, I'd go back to bed and put that ice pack back on your neck.

huh?..... maybe im too burnt out.. but that post didnt click...

 

[ambulancechaser]

accident

Latamier,

I am only an attorney-to-be (assuming I pass the bar in a few months), but I have done work in this field over my summers.

Big E is correct, if your knee hurts, go to the emergency room now.

What kind of coverage do you have? What is the cap on that coverage? Keep in mind that this is the type of case that is ALMOST ALWAYS settled. Personal Injury lawyers work on a contingency, usually 1/3 of what is recovered.

Here is what is likely to happen:

1. Asshole calls lawyer. Lawyer will assess (first) what your insurance situation is and compare that to what his client's injuries are, the likelihood of recovery (including the police report), the expenses he will incur, and what he will pocket after all of the above. If he likes the number, he will file a complaint. If you have no idea what is going on, this can be the scary part: you may get served at work, at home, at your mom's home, etc. The complaint will be written in utterly incomprehensible language and will probably ask for more money than you can imagine.

2. If you have ample insurance, he will not bother with you personally. The insurance company will defend the claim.

3. The insurance company will look at the claim in terms of what it will cost to defend and what juries tend to award in these types of cases. Again, civil litigation is very expensive (discovery, depositions, etc. ) and neither your insurer nor the PI lawyer wants to go to trial. In fact, if most PI lawyers will turn this case down if there is even a fair chance of this going to trial. They are looking for a quick settlement.

4. Your insurance company will settle because they do not want to pay the cost of defending.

5. Your insurance will go up, probably double, and you are fucked.
Your insurer may drop you.

This is a VERY broad sketch. Many factors will determine what ultimately happens (e.g., whether you live in a fault or no fault state, how bad he is really hurt, what your personal assets are, etc.).

By the way, do not say that you were not paying attention, flipping radio stations, lighting a cigarette, etc.

Let me know if I can help you with anything else.