ACCIDENT LIABILITY QUESTION; SHOULD WE JUST GET A LAWYER?

By | Published: August 31, 2010

About the week end ago, my hubby was pushing home as well as stopped during the red spin signal. It was icy, bad conditions. He waited until the spin vigilance incited immature as well as proposed in to the intersection when he saw the snow-plow come in to view, so he stopped for the couple of seconds to have certain the man was starting to delayed down (the man had the red light.) The man slowed down, so my hubby suspicion it was transparent as well as pulled to go through, though the man DIDN’T stop as well as plowed in to him. My hubby attempted to speed up though with the ice he couldn’t get clear.

The plow showed no damage. My hubby’s automobile (our family car) had the behind newcomer doorway slammed in to place (we can’t open it), the gas-cap slammed in to place (we can’t open it), as well as the front doorway slammed in to (we can open it, though it creaks as well as pops when we do.) Because it was early in the morning, there were no witnesses.

Because there were no witnesses, the alternative man is claiming my hubby ran the red light, not him, as well as which it was utterly his fault. Since there have been no witnesses, the alternative guy’s word association is claiming no liability, definition which we aren’t starting to get anything to try as well as repair the car. They did not demeanour during the automobile to even try as well as establish how it was strike or either which could discuss it them anything.

My father has never had so most as the speeding ticket. He has never run the red light (even when we was giving birth) as well as has been pushing for fourteen years though ever carrying an accident.

The alternative association pronounced which during this indicate we strike the word representative as well as let them remonstrate behind as well as forth, though I’m starting to consider we should get the lawyer, the single which deals in things similar to this, as well as let him hoop it.

Do we consider we have the case? What arrange of counsel should we demeanour for?
The thing is, it costs zero to speak to the counsel as well as the counsel who is gifted in this arrange of thing would be means to discuss it us if we have the box or not. Also, there’s the government of reduction which after so most weeks after an accident, we can’t GET the lawyer, so which worries me too.
I see your point. we still remonstrate which it was my husband’s fault. We do not have incident insurance, so this is starting to be tough to handle.

As for since he didn’t stop… the actuality is he did. He was pulled in to the intersection (ie, he was not safely to the side) as well as saw the lorry entrance up the hill. He knew the lorry had the red light, though he stopped any way to have certain the lorry was underneath control. So he proposed his turn, as well as afterwards stopped to consider the coming vehicle. It appeared to delayed down, so he insincere it was interlude as well as one after an additional with his turn. If he had stopped as well as let the lorry run the light, his automobile wouldn’t have been hit… though he would have been in risk of an additional automobile attack him if it had come over the mountain since his nose was adhering in to the intersection.

When the alternative motorist saw him already branch during the intersection, he should have stopped (besides carrying the red light.) But, there have been no witnesses. Makes we instruct each automobile had the dash-camera.

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4 Comments

  1. strplng warrior mom
    Posted August 31, 2010 at 1:27 am | Permalink

    hopefully rac or rckd will see this and answer

  2. ken k
    Posted August 31, 2010 at 1:34 am | Permalink

    if there is no bodily injury use only your ins co.. its your word against his and thats it

  3. eric
    Posted August 31, 2010 at 2:04 am | Permalink

    You don’t have a case. You can’t prove who had the red light and there were no witnesses. If there was a red light camera or traffic camera, then you’ll have a case. Just use your own insurance company and their legal resources. Don’t waste money on a lawyer when you can’t prove anything. If your insurance company thinks you have a case, they’ll get a lawyer or an accident expert to view the damages of your car. Let your own insurance deal with this and follow their advice. If you have collision coverage, get your car fixed. And if they are successful at going after the other company and collecting, you’ll get your deductible back.

  4. fighting saints
    Posted August 31, 2010 at 2:08 am | Permalink

    First off, knowing where this happened would help you get better answers. Different states have different laws and statute of limitations.(SOL) FYI the shortest SOL I know of is one year.

    If you have collision coverage with your company use it. The most you are out would be your collision deductible. Then your company will argue with the snow plows company over who is at-fault.

    If you don’t have collision coverage then your options are limited because there are no witnesses and it’s each drivers word vs. the other ones. Getting a lawyer won’t help you because your husband can’t prove that the accident happened how he explains it. No lawyer is going to change that.

    Frankly, I don’t think you have a case. Your husband saw the snow slowing down and assumed it would stop. That just isn’t the right decision. Your husband should have stayed put until he knew the snow plow was actually stopped, especially on icy roads.

    Good Luck

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