Who is at fault in my accident?
Find answers to your legal question.
Who is at fault in my accident?
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I was involved in a three car accident on the intersection. I was the vehicle in the front and was hit on the side by the middle vehicle that was hit by another vehicle. Both of the other drivers do not believe that they are responsible for the damages on my vehicle. Both of the other drivers received citations for the accident. The accident occurred in Virginia. Who is at fault in my accident?
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John H
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It makes no difference at all what the other drivers think as to fault and No one here knows who will be found at fault. Insurance companies assess fault based on police reports, witness reports and drivers statements. Insurance companies opinions are the only ones that matter and are the only opinions that count |
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Old Man Dirt
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I would like to add to Johns answer, that if the case has to go to court the Judge will rule.
For now keep your agent informed and volunteer no information as to what your coverage is. Also like the other drivers do not accept fault for the accident. Stick to strictly the facts as to what you did and when. |
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kelly_f_1999
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other drivers received citations then they are responsible they got tickets you should have their info you should turn it in to your insurance company and let them work it out is what they are payed for if you don thave insurance then talk with a lawyer |
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lucy
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1st off, ignore tampa info. he is a professional claimant and appears to have been in quite a few accidents and thinks he knows it all.
also; you dont mention when this accident occured or any injuries. if you feel fine, dont be seeking treatment; if you have talked to any of the other insurance companies and stated no injuries and then start treating, they get suspicious and hire investigators to verify your injuries.
your accident description is sketchy in regards where everyone one was. were you stopped, at light, were the other 2 parties going in different directions etc.
if both of the other drivers received citations, that is in your favor.
have you called your insurance company and reported this loss? i suggest you do so; they will explain your rights.
now; all 3 companies; yours and the other 2 drivers will call you for your statement of the facts of the accident. they may record your conversation, that is standard. they do that in case later, someone says something different. i know since in 1 case a person say one thing and later claimed he didnt. if i had recorded, i could go back to the recording and verify. also, this is done, if all companies dispute who is at fault and goes to arbitration.
now; if for instance, all companies do not agree on liability, your company has to fight for you since you are insured with them. if for instance, the other 2 companies agree that both of their drivers are both at fault, you may get a percentage from both of them.
ie; driver A 50%
driver B 50%
driver A company pays 50% to you
Driver B company pays 50% to you
good luck |
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Loollea
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have you not turned this over to your insurance carrier? they should be able to help you and tell you what you need to do |
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tampabaylive
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The other persons insurance company will be in contact usually by first light the next day to try to get to you before you have time to consult with an attorney or to think about what happened too long.. They will want to get a recorded statement from you… Decline this, tell them that there is not going to be any recorded statement at this time… This way you have refused the statement but allowed them to think you may do it at a later time… They will likely not take no for an answer and try to convince you that it’s just a simple procedure they have to do and won’t take too much of your time at all…
Tell them again there will be no statement.. They will likely ask you if you’ve retained an attorney then, tell them No you have not , that you feel that this matter could be resolved without involving attorneys.
This should please them and will save you money in fees later on at settlement…
Now comes treatment for your injuries… Even though you may not feel much more than a headache or what appears to be other relatively minor ache and pain I urge you to seek out a chiropractor who will assess your condition and advise you as to what course of treatment he prescribes for your condition..
It is possible that you have need for treatment prior to the accident but the accident brought your problem to the forefront with the impact, meaning your headache and or other pains…
Start treatment with your Chiropractor and depending on your condition might need to be treated 3 days a week for a several weeks then 2 times a week for a several weeks then once a week until he releases you from immediate treatment…
This is where the negotiation for settlement comes into play… Once you have a total medical bill to work with you now have a basis for negotiation…
Even though your PIP insurance pays for your medical, you still use the total medical bill for negotiations…
You should typically end up settling for 2 to 2.5 times your total medical bills for your pain and suffering.
Don’t accept the measly amount they will try to offer you at first, tell them you were hoping to resolve this without attorneys, and that you will need a more reasonable offer, they will likely increase the offer immediately but only by 500 or 1000 bucks….decline again and they will likely tell you they have to talk it over with someone…
Tell them (example I have 3000 in medical bills) so your offer is going to have to be reasonable compensation for that amount…they know what’s protocol, they are just doing their job by trying to give as little as possible..
When you finally arrive at a mutual settlement amount, have them mail you all the paperwork…and when you receive this, take it to your bank to have your signiture notarized and send the paperwork back to them and a check for the agreed upon amount will follow in about 10 days… They usually expedite the check to you as they don’t want you to change your mind…
This of course will save you 33-40% in attorney fees, and unless you have a complicated major injury case, you’ll do just as well as an attorney… we’re led to believe we’re not capable of settling these issues ourselves…that is just nonsense…
Good Luck and I have applied these techniques about 6 times and I’ve always gotten nice settlements of between 5-10 grand…
Good Luck… |
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KAS
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Did you contact the police to report a car accident? If so, you need a copy of the police report in order to forward to your insurance company. What is your insurance company saying? |
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