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Back in February I was driving to work on an icy morning. The car in front of me lost control and I had to break to avoid hitting them. It caused my pickup to spin out of control and I hit the concrete barrier on the left side of the highway. The other car was able to regain control of their vehicle and drove off without stopping. I got out of my truck to survey the damage. The truck was banged up pretty good but I was able to drive it into the left shoulder of the highway and then I turned on my hazard lights. I didn't know how far away I was from the next exit so I decided to stay parked in the shoulder and call the police. I was waiting several minutes for the police to show up. While I was waiting, another car lost control on the ice and slammed into the back of my truck at full speed. It completely destroyed my truck. My airbag saved me and I was able to climb out with only scrapes, bruises, and soreness. The car that hit me slid across the icy highway and ended up on the right side of the highway while my truck was still on the left side of the highway. She jumped out of her car and ran up to me to see if I was okay. She started hugging me and saying "I'm so sorry! I didn't mean to hit you! I'm so sorry!" I told her that everything would be okay and the police were on their way. Then she got on her phone and called somebody. As she was talking on the phone she started to get back into her car. I yelled over to her that it might not be safe to get back into her vehicle. I'm not sure if she heard me or not but she continued talking on the phone, got back into her car, and shut the door. I decided to walk about 50 yards ahead of the vehicles and I leaned against the concrete barrier. I figured that if any other cars lost control I could jump over the concrete barrier for safety. A couple of minutes later another car lost control and T-boned the girl in the other car. I ran over to her car and she was laying down sideways. I tried to get her to respond to me but all she could do was moan. The driver of the car that T-boned her appeared to be fine, but he does not have insurance. The girl was taken to the hospital with a concussion and got 5 staples. She was out of work for 3 weeks and her car was totaled. After all the vehicles were cleared away, the police officer asked me what happened and I told him the entire story. After I told him what happened he simply said "okay" and got back in his vehicle and drove off. He didn't write anything down or record anything. A week later I got a copy of the police report. The report incorrectly stated that my truck was disabled in the left lane of the highway when I got rear ended. Whoever made the report didn't understand that I moved my truck into the left shoulder of the highway before getting rear ended several minutes later.
The girl that rear ended me has hired a lawyer so its possible that it could go to court. I only have limited liability insurance so I am scared to death that the insurance companies and the legal system might try to find me liable for some of the damages, even though I don't think I did anything wrong. So what should I do? I was told that it would probably take several months to get settled and it may or may not go to court. Should I hire a lawyer? Or should I wait to see how the situation develops before I talk to a lawyer? I'm on a tight budget so I can't afford an expensive lawyer, especially if its not necessary. What is the best thing for me to do at this point?
Lawyer up, the sooner the better! Accident liability attorneys will work on contingency fee and only make their money if you do, no up front money needed. If they won't take your case it is only because you aren't in a good position to win.
What do you mean that you have "limited liability insurance"? If you have bodily injury liability coverage on your policy, your insurance company is obligated to provide you with an attorney and defend you in any legal action relating to a car accident with an insured vehicle. I don't see a need for you to hire your own attorney.
1. Have you reported this accident to your own insurance company?
2. Have you told them what the girl is doing?
3. Are you sure you have bodily injury liability coverage? Call your agent if you don't know.
Until the girl actually brings a legal action and names you as a party, you personally have nothing to worry about. You will know this if a process server shows up at your door with a complaint and summons.
I wouldn't do much other than the 3 things I have listed. BTW, I am an accident attorney in another state.
You should have consulted a lawyer immediately since you were injured and your car totaled by her. A lawyer would have set you up with a doctor or chiropractor and sued her insurer for body and property damage. But it's probably too late now since no judge is going to believe that you were injured 2 months after the accident. You should still consult a lawyer and see if anyone will take your case. It would help if you have evidence such as photographs of you parked on the shoulder and not on the road.
If you are sued, your insurer will lawyer up and defend you since they have a financial interest in you winning.
You should have consulted a lawyer immediately since you were injured and your car totaled by her. A lawyer would have set you up with a doctor or chiropractor and sued her insurer for body and property damage. But it's probably too late now since no judge is going to believe that you were injured 2 months after the accident. You should still consult a lawyer and see if anyone will take your case. It would help if you have evidence such as photographs of you parked on the shoulder and not on the road.
If you are sued, your insurer will lawyer up and defend you since they have a financial interest in you winning.
I agree, contact your Insurance Company give full disclosure to them (get their name and note date) on what happened..That person who hit you from behind is more at fault than you in that she was following too closely and not in control of her vehicle ( hazard conditions don't cover that..nor more than your own)..AS for why the Accident happened..THAT was out of your control..and YOU averted hitting that car (comment sense). It will come down to witnesses... sure wish you got people's name @ scene..But you're insurance company does have liability and WILL work for YOU...As to Medical Care coverage..As a Canadian..Have no clue how Insurance Companies work down there ...They'll not be on your side tho so they can somehow duck their responsibility of coverages...Can ya tell I hate Insurance Companies unless they are your side
Back in February I was driving to work on an icy morning. The car in front of me lost control and I had to break to avoid hitting them. It caused my pickup to spin out of control and I hit the concrete barrier on the left side of the highway. The other car was able to regain control of their vehicle and drove off without stopping. I got out of my truck to survey the damage. The truck was banged up pretty good but I was able to drive it into the left shoulder of the highway and then I turned on my hazard lights. I didn't know how far away I was from the next exit so I decided to stay parked in the shoulder and call the police. I was waiting several minutes for the police to show up. While I was waiting, another car lost control on the ice and slammed into the back of my truck at full speed. It completely destroyed my truck. My airbag saved me and I was able to climb out with only scrapes, bruises, and soreness. The car that hit me slid across the icy highway and ended up on the right side of the highway while my truck was still on the left side of the highway. She jumped out of her car and ran up to me to see if I was okay. She started hugging me and saying "I'm so sorry! I didn't mean to hit you! I'm so sorry!" I told her that everything would be okay and the police were on their way. Then she got on her phone and called somebody. As she was talking on the phone she started to get back into her car. I yelled over to her that it might not be safe to get back into her vehicle. I'm not sure if she heard me or not but she continued talking on the phone, got back into her car, and shut the door. I decided to walk about 50 yards ahead of the vehicles and I leaned against the concrete barrier. I figured that if any other cars lost control I could jump over the concrete barrier for safety. A couple of minutes later another car lost control and T-boned the girl in the other car. I ran over to her car and she was laying down sideways. I tried to get her to respond to me but all she could do was moan. The driver of the car that T-boned her appeared to be fine, but he does not have insurance. The girl was taken to the hospital with a concussion and got 5 staples. She was out of work for 3 weeks and her car was totaled. After all the vehicles were cleared away, the police officer asked me what happened and I told him the entire story. After I told him what happened he simply said "okay" and got back in his vehicle and drove off. He didn't write anything down or record anything. A week later I got a copy of the police report. The report incorrectly stated that my truck was disabled in the left lane of the highway when I got rear ended. Whoever made the report didn't understand that I moved my truck into the left shoulder of the highway before getting rear ended several minutes later.
The girl that rear ended me has hired a lawyer so its possible that it could go to court. I only have limited liability insurance so I am scared to death that the insurance companies and the legal system might try to find me liable for some of the damages, even though I don't think I did anything wrong. So what should I do? I was told that it would probably take several months to get settled and it may or may not go to court. Should I hire a lawyer? Or should I wait to see how the situation develops before I talk to a lawyer? I'm on a tight budget so I can't afford an expensive lawyer, especially if its not necessary. What is the best thing for me to do at this point?
The minute I got that report, I would have called my insurance company and told them that the report was wrong.
I would still call them now.
Maybe they could advise you about how to get the police report corrected, if not, I think I would see an attorney.
Your disabled car sitting off the road rather than on the road is significant, IMO.
What do you mean that you have "limited liability insurance"? If you have bodily injury liability coverage on your policy, your insurance company is obligated to provide you with an attorney and defend you in any legal action relating to a car accident with an insured vehicle. I don't see a need for you to hire your own attorney.
1. Have you reported this accident to your own insurance company?
2. Have you told them what the girl is doing?
3. Are you sure you have bodily injury liability coverage? Call your agent if you don't know.
Until the girl actually brings a legal action and names you as a party, you personally have nothing to worry about. You will know this if a process server shows up at your door with a complaint and summons.
I wouldn't do much other than the 3 things I have listed. BTW, I am an accident attorney in another state.
Thank you for your response. In answer to your questions:
1. Yes. I have reported it to my insurance company.
2. Yes. I did tell them everything that the girl was doing.
3. My coverage states: Bodily injury liability $30,000 per person. $60,000 each accident. Property damage liability $25,000 each accident. I drove a 97 ford ranger with 240,000 miles, so it was probably worth less than $800. I didn't need any medical attention and I only missed one day of work. So I doubt that I'll get any compensation.
4. Nobody has showed up at my door with a complaint or summons, but I just received a letter from her lawyer that said that they would like to speak with my insurance company.
The minute I got that report, I would have called my insurance company and told them that the report was wrong.
I would still call them now.
Maybe they could advise you about how to get the police report corrected, if not, I think I would see an attorney.
Your disabled car sitting off the road rather than on the road is significant, IMO.
I did tell my insurance company that the report was wrong. They took a note of it but didn't have much to say about it. I'm not sure if it is possible to get the police report corrected, but my insurance company is going to see if the police or towing company has any accident photos of my car in the shoulder of the highway. Hopefully that will help.
Likely if you loss control it will be your accident from not being able to control your vehicle. Frankly conditions do not matter in controlling your vehicle.
I did tell my insurance company that the report was wrong. They took a note of it but didn't have much to say about it. I'm not sure if it is possible to get the police report corrected, but my insurance company is going to see if the police or towing company has any accident photos of my car in the shoulder of the highway. Hopefully that will help.
Good!
That way it doesn't look like you are changing your story after a lawyer got involved.
Honestly, I don't know why you would have any liability for her sliding off the road and hitting you.
Her lawyer is going by what was in the police report, after he talks to your insurance company and they set him straight, maybe that will be the end of it as far as you are concerned.
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