Q: How long before a trial is scheduled for a July 2021 ticket? When I called they are still scheduling 2020 court cases.
I am currently suing the person that hit my vehicle, but didn't want to wait another 6 months to a year before my trial is scheduled. Should I contact my insurance company and pay the deductible to get my vehicle fixed? I have full coverage, but don't have full PIP coverage. I think this will take a very long time and need my vehicle fixed.
A:
It might not be possible to reliably predict when a currently file case will make it to trial. As you know there are meaningful delays due to covid and there could potentially be more. It's a financial decision but you may well wish to pay your deductible and let your insurance company try to recoup that out-of-pocket expenditure through intercompany
arbitration.
A: Does the other driver not have insurance? Has their company denied liability? This is the reason you pay a premium for collision insurance or uninsured motorists coverage: to cover these damage losses when they occur. Of course you proceed under your policy rather than sue the other driver for a property damage claim--let your insurance company pay what they have been receiving a premium to cover, and then they will spend the time, money, legal fees and effort to pursue the other driver or subrogate under their insurance coverage to recover the amounts they paid on your behalf. Further, your company will recover your deductible as well and repay that to you when they have obtained it as part of the claim against the other driver. As for your medical bills and personal injury claim, that portion of your claim is handled separately and pursued separately. If the other driver is not insured, then you present your claim under your insurance policy's Uninsured Motorists coverage, and they pay you as if they were the other driver's insurance company and thn they will sue the other driver to recover the amounts. If the other driver is insured, then you will have to sue the other driver for your personal injuries and medical expenses, and his/her insurance company will defend the action and pay (or settle) any such suit if there is a recovery. Most people hire a lawyer for these types of claims.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
