Accident Law

Cory · by **Cory** » 28 Nov 2009, 17:58

I've always heard a rumor growing up that no matter what, if you are involved in an auto accident and you are the one rear ended no matter what its the other person's fault. Im trying to build my case in a settlement and I was rear ended while preparing to make a right hand turn. It's 100% the other persons fault no doubt, but I'm trying to find the RCW to help with my case.

Thanks!

Blair · by **Blair** » 28 Nov 2009, 17:58

In California the Vehicle Code specifies that motorists must follow at a safe distance and speed for given traffic conditions. So, when someone rear ends another car, it is presumptively the rear-enders fault because it was either following too closely or traveling too fast to stop. There can be rare exceptions--eg. your brake lights are not operating and you stop suddenly or you make an unsafe lane change in front of another car. I suspect Washington law is similar, although I am not a WA attorney.

Kimbra · by **Kimbra** » 28 Nov 2009, 17:58

I was involved in an accident last fall. According to the police report, I'm at-fault. I got a summons early this yr. At the time they filed court papers, they submitted a claim to my ins co.(weird?) No one was injured at the scene, no ambulance was called. My car was towed - the police officer deemed it wasn't safe to drive. Other party drove off with theirs

I'm in NJ. We can buy limited-tort(LT) or full-tort w/ our auto policies. My adjuster told me that they have LT. This lawsuit is for pain and suffering. Under LT, one can sue for those damages only if and when the injury is severe, resulted in death, perm. disability, ect. Neck sprain was the phrase my adjuster used to describe their injury. They didn't request any accommodations for court that led me to believe the injury caused them any mobility problems

How often do these actually go to juried trial n how long does it take?months years?

btw, only one person was involved the other party - wanted to keep it gender netural

Akilah · by **Akilah** » 28 Nov 2009, 17:58

If no medical attention was needed. they shold not have a case. The judge will frown on them for not seeking medical attention at the scence. I think you will be able to fight your way through this case just fine.

Lore · by **Lore** » 28 Nov 2009, 17:58

I was in an accident. My insurance lapsed. The other vehicle did not have insurance. They were at fought. My insurance wont cover my vehicle. I have police report. What can I do. My vehicle estimates around 8000. it is a 04 blazer. pracitely new. Please help.

Lizzette · by **Lizzette** » 28 Nov 2009, 17:58

Well, no, your insurance won't cover anything because you don't HAVE any.

The police report does NOT determine fault.

Your damages are most likely too high for small claims court.

You will have to fill out the paperwork, and sue them in civil court. Usually people hire lawyers to do that, because the paperwork and methods are different in every state, and it's really easy to lose your case because you didn't fill out the paperwork right.

Keep in mind, just because you win a suit, doesn't mean you'll get any MONEY. AFter you get the judgement, then you have to try to COLLECT IT. Most of the time, that's WAY harder than winning the suit.

One other thing. . . . most of the time, people who are "at fault" for accidents don't believe they are at fault. It's the other guys fault because (insert misbelief here). So, unless you've had a legal professional tell you it's their fault, AND you can verify that your state is NOT a true "no fault" state for auto liability, don't assume you're going to win this case out of hand.

Tereasa · by **Tereasa** » 28 Nov 2009, 17:58

In Dec. 05 my daughter in law had a small accident how long dose the other party have to settle?

My son had insurance at the time of the accident and they have made offers to settle but the other party has not excepted any offers.how long do they have to settle in Florida ?because,the other party is now sueing there own insurance company,my son and his wife.

Tonisha · by **Tonisha** » 28 Nov 2009, 17:58

I believe they have two years to bring lawsuit papers in
Florida.

They NEVER have to settle, if they want to sue instead.

If your son had low limits, and the damages exceed his limits, they ARE going to sue. His insurance company will only pay up to the limits, and if he's found at fault for the accident, he'll be ordered to pay the rest out of pocket - his wages can get garnished to pay for this, for YEARS.

Allison · by **Allison** » 28 Nov 2009, 17:58

Replacement of child car seat after accident required by law?

Fender bender, child seat secured but no child in it at time of accident. Seat tilted to side a few inches. A friend told me hers was replaced by insurance after accident, even though it didn't move and child was not hurt.

Orpha · by **Orpha** » 28 Nov 2009, 17:58

If there's even the slightest possibility that your child's car seat may have been damaged, or safety compromised, then replace it! Why take chances with your child's safety just to save a few dollars?

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