Car Accidents Questions & Answers

Q: So I was in an accident little over a year ago the girl was texting and driving and ran a red light as I was pulling out

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Dec 18, 2018
Mr. James Charles Wright's answer
Pulling out of a private drive, a driver should yield the right of way to oncoming traffic. You mention a traffic light - and that the other driver came into the intersection on a red light. If the intersection was controlled by a traffic light then if you entered the intersection on a green light you would have had the right of way over someone with a red light.

Not having insurance has no bearing on fault. However, having no insurance may impact your driver's license. Hopefully...

Q: What if u are parked ... getting out a vehicle

1 Answer | Asked in Car Accidents for New York on
Answered on Dec 17, 2018
Michael Bersani's answer
In New York, if you exit a parked car, you are required to look behind before you open the door to ensure that no car is going to hit your door as it opens. However, the on-coming vehicle also has a duty to use care in passing parked cars, and not to ride closer to them than necessary. This could, depending on the facts, be a case of "comparative negligence" where the insurance companies, or a jury, would find both parties partially at fault.

Q: I received a notice of cancellation of insurance. Am I eligible for an extension if I’ve been hospitalized & unaware

1 Answer | Asked in Insurance Defense and Car Accidents for Georgia on
Answered on Dec 16, 2018
Peter Munsing's answer
Save the envelopes! Many companies date the letters, but save the mail until they have enough for a cheap rate bulk mail. So it could have gone out days after the date on the letter. They are supposed to give you advance notice.

You want all records of your cancellation.

Notify them of this crash as your contention is the cancellation was improper.

Do not admit fault on the crash you were in.

Contact a member of the Ga.Trial Lawyers Assn--they give free consults.

Q: Was in accident, not at fault, Oklahoma, onstar sent fire department who then billed me, so Do I have to pay?

1 Answer | Asked in Car Accidents for Oklahoma on
Answered on Dec 16, 2018
Peter Munsing's answer
Is it the fire company or a firm or collection agency? There's one that goes from state to state doing this. Contact your insurance company, then the insurance department.

Q: hit and run but no injury. car totaled, what my option?

1 Answer | Asked in Car Accidents for Connecticut on
Answered on Dec 16, 2018
Peter Munsing's answer
See if there were any intersection cameras or security cameras covering where it happened. Then if you have collision run it through that. If not, if you don't have someone to go after that's it. You may have a casualty deduction on your taxes but talk to an accountant about that.

Q: Can I discover if my car was stopped too closely to an emergency technician bringing a patient to the truck

2 Answers | Asked in Car Accidents for Illinois on
Answered on Dec 16, 2018
Peter Munsing's answer
I have no idea what this is about. You know, presumably how close you were.

Q: I was involved in accident the guys insurance company is telling me I'm 20% at fault. He got a ticket for the accident.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Dec 16, 2018
Peter Munsing's answer
This is why you need to contact a lawyer after a crash. This sounds like the usual insurance baloney where they try to say you are 10,20.30% at fault based on---well, it's an "accident" so it's no-one's fault (until they are trying to soak you for contribution).

1. I assume you've had your damages evaluated by someone you want to fix the vehicle. If not do so--most dealers will do it for free.

2. Contact a member of the Tenn. Assn for Justice who handles crashes--they give free...

Q: MVA in PA after sunset on PA Hwy. Oncoming motorist had no headlights on collided with left turning vehicle. Caselaw?

2 Answers | Asked in Car Accidents for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
If you're asking for a Pennsylvania attorney to do free legal research for your case, good luck with that.

What you ought to do is contact a Pennsylvania attorney and arrange for a consultation. Many attorneys *do* offer free consultations, but at least go through the proper channels to get to that point. If you want an attorney to do work on your case, however, expect to pay that attorney -- just like you expect to be paid to do your own job.

Best of luck to you.

Q: If I accidentally hit a parked car, but didn’t see any damage, do I still need to contact the car owner?

1 Answer | Asked in Car Accidents for California on
Answered on Dec 15, 2018
Dale S. Gribow's answer
more facts needed..............but if you are contacted by police remain silent and say you want to talk to your lawyer for permission to talk to the police.

technically you do not know what the damage might be to the undercarriage etc

Q: If someone is walking down the middle of a highway and they get hit by a car and die, what happens to the driver

2 Answers | Asked in Car Accidents and Wrongful Death for Alabama on
Answered on Dec 14, 2018
Peter Munsing's answer
Maybe nothing, maybe a charge if the person in the middle was visible. Even if drunk doesn't mean he's in line to be a hood ornament if someone could see him.

Q: Someone hit my dog and drove off. Can I hold them accountable for animal cruelty?

1 Answer | Asked in Animal / Dog Law and Car Accidents for Ohio on
Answered on Dec 14, 2018
Peter Munsing's answer
I doubt it. If they violate a speed law that's one thing. However duty to stop is if property is damaged and they caused it. Your pooch ran into them, it sounds like. Time to dog proof your fence.

Q: While hiking with my dog at Palmer Park last weekend, a woman ran into my dog with her car in the parking lot.

1 Answer | Asked in Car Accidents for Colorado on
Answered on Dec 14, 2018
Peter Munsing's answer
A lot depends on where the car was, where you and your dog were, if the dog was on a leash was that visible? Did police respond? You may want to file a report.

Q: Ok I was in a car accident where the other driver was issued a careless driving ticket and police report says I wasn't a

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Minnesota on
Answered on Dec 14, 2018
Peter Munsing's answer
They'd better. However if you were hurt you may have a claim for your injuries that should have been made part of the case.

Q: who has right of way?

1 Answer | Asked in Car Accidents for Rhode Island on
Answered on Dec 14, 2018
Peter Munsing's answer
A lot depends on the positions of the cars and road markings. Most are marked either by signs or pavement markings showing which lane is the through lane and which lane is being shut down, as it were. Traffic on the main lane would have the right of way unless other vehicles were entering that lane in which case it should yield to traffic ahead.

Q: Can I be cited for accident when parked, opening Dr along a street. after a visual both over shoulder and by mirror?

1 Answer | Asked in Car Accidents for Colorado on
Answered on Dec 14, 2018
Peter Munsing's answer
If there's an intersection or other video that shows it maybe. As things stand no--because the fact it happened almost instantaneously means that in all liklihood you didn't take that last look in the mirror--otherwise you would have seen the car. It's one of those "objects in the mirror are closer than they appear" moments.

Q: Once an insurance agency says it'll pay to cover expenses, can they revoke it?

1 Answer | Asked in Car Accidents for Florida on
Answered on Dec 14, 2018
Charles M. Baron's answer
Depends on what you mean by "says". Also, I think you mean insurance company, not insurance agency. An agency is just the entity that sells the insurance. Regarding what the insurance company "says", nothing is 100% definite until there is a signed document setting forth the agreed-upon settlement arrangement. On the other hand, if there is at least a written representation of their promise, such as a letter or email from an insurance adjuster, the odds are that they'll stick to that...

Q: The insurance agency says it'll provide me with an attorney - should I do that or hire someone privately?

2 Answers | Asked in Car Accidents for Illinois on
Answered on Dec 14, 2018
Charles Candiano's answer
This is one of the reasons that you buy insurance. They have a duty to defend you, if you should cause an accident. The attorney who they will assign is paid for. Why would you want to pay, again? This is not like the difference between a public defender and a private, criminal defense attorney. Nearly anyone you would hire would probably be on par with the attorney that is assigned.

Q: What happens if I decide not to go through with medical treatment that my settlement is supposed to cover?

2 Answers | Asked in Car Accidents for Rhode Island on
Answered on Dec 14, 2018
David Tapalian's answer
That's a good question. It could have negative implications for your health. In addition, it could affect your settlement. Furthermore if you wait too long to treat you may never be able to resume treatment.

Q: If my husband was driving on a suspended license, but got injured and wasn't at fault can he sue the other driver?

3 Answers | Asked in Car Accidents for Massachusetts on
Answered on Dec 14, 2018
David Tapalian's answer
Yes he may be able to. It all depends upon the total facts. I am here now if you wish to speak.

Q: Why is a a trial date set in a personal injury lawsuit, if they’ve been offered policy limits?

2 Answers | Asked in Car Accidents and Personal Injury for Texas on
Answered on Dec 14, 2018
Rahlita D. Thornton's answer
Sadly, it’s often your insurance company that may not be providing the plaintiff with full disclosure that indeed the amount being offered is the policy limit. Also, for the policy limits to be offered there were probably some serious injury there. Communicating with your insurance company’s attorney for answers is where you should start. Good luck and this is what happens when insurance company adjusters get to make decisions without really needing to consult with the policyholder.

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.