[Leilani Vasquez]

I was in a pretty bad auto accident over the weekend. I was traveling I-91 South in the middle lane, going about 65 mph. An SUV was in the fast lane, and while he was next to me, one of his tires either blew out, or came off causing him to lose control of his vehicle. I tried to swerve out of the way so he wouldn't hit me. He clipped me in the back, and i lost control of my car, going head on into the jersey barrier. I was on my way to work, and was hurt pretty bad.

My insurance company is telling me that he's claiming he's not at fault. Should I contact a lawyer to argue otherwise?

I've missed 4 days of work, and I'm still in serious pain. I've only had the car for a year, and I'm afraid it's totaled. I'm just afraid that if the insurance company deems the car totaled, there won't be enough money left over to pay off the loan, thus making more money come out of my pocket.

[DawnMTL]

Originally Posted by Leilani Vasquez

I was in a pretty bad auto accident over the weekend. I was traveling I-91 South in the middle lane, going about 65 mph. An SUV was in the fast lane, and while he was next to me, one of his tires either blew out, or came off causing him to lose control of his vehicle. I tried to swerve out of the way so he wouldn't hit me. He clipped me in the back, and i lost control of my car, going head on into the jersey barrier. I was on my way to work, and was hurt pretty bad.

My insurance company is telling me that he's claiming he's not at fault. Should I contact a lawyer to argue otherwise?

I've missed 4 days of work, and I'm still in serious pain. I've only had the car for a year, and I'm afraid it's totaled. I'm just afraid that if the insurance company deems the car totaled, there won't be enough money left over to pay off the loan, thus making more money come out of my pocket.

Holy Hellman's mayonnaise!!!!

I've got no advice, I'm sorry. I just wanted to say that I feel awful that you had to go through such a trauma, that your car is potentially totaled, and -- most importantly -- that you're still in pain.

I do hope that you feel MUCH better VERY soon.

[westender]

Yes you should see a lawyer, at least for a consultation. This is one of those bad things that happens, maybe once or twice in a lifetime, that warrants involving a lawyer. The good news is that you and the other driver are both insured.

[YAZ]

Is CT a "no fault" state?

Sounds like the accident was caused by "mechanical failure".

So, technically, it's not anyone's fault.

Unless you have "gap" coverage, I'm afraid that you're gonna have to eat that "upside down" part of your car loan.

Good luck to you and I hope you feel better soon.

[Rich Lee]

It's almost sounds like a commercial for Trantolo & Trantolo or for John Haymond. Definitely, seek an attorney's advice.

[Leilani Vasquez]

Originally Posted by YAZ

Is CT a "no fault" state?

Sounds like the accident was caused by "mechanical failure".

So, technically, it's not anyone's fault.

Unless you have "gap" coverage, I'm afraid that you're gonna have to eat that "upside down" part of your car loan.

Good luck to you and I hope you feel better soon.

CT is not a "no fault" state.

[Leilani Vasquez]

Originally Posted by YAZ

Is CT a "no fault" state?

Sounds like the accident was caused by "mechanical failure".

So, technically, it's not anyone's fault.

Unless you have "gap" coverage, I'm afraid that you're gonna have to eat that "upside down" part of your car loan.

Good luck to you and I hope you feel better soon.

Well honestly, i think it's a bunch of BS that I would have to suffer over someone not taking proper care of their vehicle to cause this.

[JViello]

DM sent for a personal friend who is a personal injury attorney.

Shawn is top notch. Talk to him ASAP so you can get sound advice on how to progress from here without losing too much in the process.

BTW, just FYI there is a major problem going on with bad Chinese sourced tires coming apart.

http://www.nytimes.com/2007/06/26/bu...ss/26tire.html

Made in China: Faulty Tires

Inspection in China Finds 23,000 Cases of Bad Food : NPR

[ambarstone]

Originally Posted by Leilani Vasquez

I was in a pretty bad auto accident over the weekend. I was traveling I-91 South in the middle lane, going about 65 mph. An SUV was in the fast lane, and while he was next to me, one of his tires either blew out, or came off causing him to lose control of his vehicle. I tried to swerve out of the way so he wouldn't hit me. He clipped me in the back, and i lost control of my car, going head on into the jersey barrier. I was on my way to work, and was hurt pretty bad.

My insurance company is telling me that he's claiming he's not at fault. Should I contact a lawyer to argue otherwise?

I've missed 4 days of work, and I'm still in serious pain. I've only had the car for a year, and I'm afraid it's totaled. I'm just afraid that if the insurance company deems the car totaled, there won't be enough money left over to pay off the loan, thus making more money come out of my pocket.

Leilani,
Sorry to learn you were involved in this accident but glad it wasn't worse. I hope you did see a Dr. within three days and got a full report. Definitely contact a lawyer and make sure you let the other driver's insurance know that you are planning to do so. If it can be proven the tire blew for lack of maintenance, that may be considered negligence. If It was just that something was left on the road and it made the tire blow up, then you might just have to deal with the difference between settlement and the value of the car.
Feel better,

[kidyankee764]

First, I want to say I'm sorry about your accident and I wish you well. I hope your injuries aren't too bad and that you make a full recovery soon.

Originally Posted by Leilani Vasquez

Well honestly, i think it's a bunch of BS that I would have to suffer over someone not taking proper care of their vehicle to cause this.

Now, I'm a little taken back by this comment.

No, it was probably not the other driver's fault IMO. Most blowouts have nothing to do with properly caring for their vehicle - there may have been debris in the road that you did not see. If the tire was over/under-inflated due to poor maintenance, the driver would feel violent shaking and probably pull over before it blew. They certainly would not continue in the left lane of the highway. Last summer, I was driving on 84. I hit a 2x4 in the road and my tire began vibrating. Before I could move into the breakdown lane, my right front tire blew and my car spun and ended up in the median. If I had hit another vehicle and they attempted to claim the same thing you did, I would be very, very disturbed (as I am by your comment, sorry).

Something tells me that since you are typing on a computer, you are not still in a hospital. I certainly hope you never truly get "hurt pretty bad." Now if you don't have health insurance and are out thousands of dollars, then maybe, yes, you should consult a lawyer to discuss your options. But something tells me that is not the case, and you're looking to sue the other driver (also a victim of an accident, remember) for 'pain and suffering'.

What happened to the days when both parties exited their car, checked on each other, called police, and chalked it up as an accident?

I apologize in advance if this was harsh, but really, come on. You take a risk every time you get in your car.

Ahhhhh- America at it's best.