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Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Alabama on
Q: Who would be at fault in this circumstance?

I hit a car from behind. It was night time and raining. The car was at a complete stop in the middle of the road (right lane) without lights on or emergency lights. The driver said he had run out of gas. By the time I was able to see the car I could only slam on the brakes causing me to slide until... Read more »

Mr. Stephen F. Thompson Jr.
Mr. Stephen F. Thompson Jr. answered on Dec 10, 2019

I depends. If the other driver's battery worked, then the hazard lights should have been on. If there was an emergency lane, then the car should've been over in it and not in the middle of the road. But maybe there were reasons it wasn't.

Alabama is a contributory negligence state, which...
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1 Answer | Asked in Car Accidents for Minnesota on
Q: Was below speed limit, hit ice and skid into a car at a light. No injury/witness, cop issued 169.14.1 ticket. Fight it?

The cops arrived after the other cars mother (who wasn't there nor involved in the accident) called them. We were driving slow since it had snowed earlier, then we hit ice and slowly slid into a car stopped at a stoplight. Tried honking to warn them but they panicked and didn't move. The cops... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

You can try it. The point is you weren't able to stop, so some judges will take the position you should not have been driving at all if you couldn't stop. Now, if you had been able to stop all the way there and then suddenly there was a part you couldn't seem to stop on, a judge may say that you... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Georgia on
Q: I am a hit and run victim with pictures. Claim denied cause police asked accused to send evidence of guilt. What now?

I was driving home in the middle lane on 75 S around 4:15 pm on a bright sunny day surrounded by traffic. An OTR truck w/trailer jump in my lane. Cars around me therefore I hit the horn and brakes but could not avoid accident. As I pulled over I noticed the truck was not stopping. I sped up and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

Contact a member of the Ga. Trial Lawyers Assn for the County where the crash happened. They give ree consults. Sounds weird they'd ask someone to send pix--and did those pix have the same plate as the one involved?

In any event, if you weren't hurt likely small claims will be your best...
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2 Answers | Asked in Car Accidents for California on
Q: Are there lawyers out there who will take my non-injury property damage case using a contingency fee agreement?

Recently I was part of a 6-car accident. It was a domino-style rear-ending in which I was the 5th car in a line of 6 cars. The 1st car that initiated the rear-endings was clearly at fault. I didn't have collision coverage at the time, and that person's insurance company does not want to pay for the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 8, 2019

more info needed.

possibly not that clear if ins co is denying.

however, they always deny and delay.

if a lawyer handled it on a contingency and collected $12,500 for property damage s/he would take 1/3 and again you would not have enough money to fix the car.

your...
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1 Answer | Asked in Car Accidents for Maryland on
Q: I hit the open passenger door of a parked car on the driver side who is at fault

Driver side was in flow of traffic

Mark Oakley
Mark Oakley answered on Dec 7, 2019

Not enough facts to answer. Probably if the door was already open as you approached, so that you could have avoided it if you were paying attention, then you’ll be at fault. If the person flung the door open right as you reached them and you had no opportunity to avoid hitting the door, then it... Read more »

2 Answers | Asked in Car Accidents for California on
Q: Am I liable for accidents caused by buyer of my vehicle?

Hi:

I sold my car to a private party on Craigslist in September 2019, and recently was contacted by an insurance agent due to the buyer got into a car accident. This buyer does not have insurance and has not completed the ownership transfer with DMV, and as such the vehicle is still... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 6, 2019

more info needed.

you have a responsibility to file the necessary papers with DMV showing transfer or title.

absent that you may have liability.

you should consult with a local accident lawyer. Maybe s/he can see if the injured party had UM insurance and can put the claim...
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1 Answer | Asked in Car Accidents for Ohio on
Q: If you are in an accident but the police aren't notified, are you still liable for damages

If I rear ended someone in a rental car, the police were not contacted. Insurance information was given but there is now no written proof of this accident, correct? Just wondering.

Matthew S Flemming
Matthew S Flemming answered on Dec 6, 2019

Yes, you are still liable.

Trying to deceive an insurance company is insurance fraud. Insurance fraud is a felony.

Failing to cooperate with your insurance company can invalidate coverage and make you personally responsible for damages instead of having your insurance company...
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1 Answer | Asked in Civil Litigation, Personal Injury, Car Accidents and Insurance Defense for Georgia on
Q: How should I be handling this? Getting my own attorney or going through the auto insurance company?

I was driving my spouse’s company car and was involved in an accident 22 months ago. I had permission to drive the car and was told by a company representative that as a spouse I was covered by the automotive insurance policy because my spouse also uses the vehicle for personal use. Yesterday I... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

It is best to consult an attorney versus going through the insurance company. An attorney will work to protect your interests, and the insurance company’s primary objective is to protect their own interests.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Am i guilty of this violation if in fact i crossed the divided lane to avoid an oncoming car?

A car came in my lane and i swerved to avoid the collision. Now i got sited for the violation

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

Plead not guilty. You were faced with a sudden emergency, had no choice.

You wren't really choosing to drive over the divided--you were forced to.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Do I have a valid reason to sue the van drivers insurance?

I was involved in a car swipe accident. This is my first ever car accident involving a vehicle. The driver that hit my car works for Amazon as a delivery driver. They have tons of vans in my area.

So ever since the car accident, I am now having problems emotionally when I am driving near... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

If your doctor recommends PTS therapy, the doctor visit and therapy would be covered under 1st party benefits.

if you had any physical injuries--stiffness, pain, etc--tell your doctor so it's on the record.

You have a claim you can make but first get the medical rolling.

If...
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1 Answer | Asked in Car Accidents for Hawaii on
Q: What reasons would warrant jail time for a hit and run?

I was driving without my license and hit a parked vehicle. No one was injured but both my vehicle and the other vehicle suffered damages. I did not stop and proceeded my house 3 blocks down to retrieve my wallet and wanted to calm down before I headed back to see the owners of the vehicle. After... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

You can make a claim that while you technically left the scene you were in the viscinity getting your ID etc. If you left a note on the vehicle you could fight the ticket. Make sure your insurance covers it and a judge may let you off as you agree you did it, went to get your insurance... Read more »

1 Answer | Asked in Car Accidents for Georgia on
Q: Airbags failed to deploy in high velocity accident. Officer urged to inquire because of his fear of safety from this

Accident velocity was 60-70mph upon impact. The vehicle that the air bags failed in rear ended another that was coming to a slow on a highway. Police officer urged driver to contact Honda because of the amount of damage and obvious force of impact from the damage. There were no injuries and the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

If you weren't hurt you don't have a claim other than making a claim for them to fix it. However much depends on the dynamics--generally, airbags only deploy if the hit is plus or minus 5 degrees off top center.

1 Answer | Asked in Car Accidents for Ohio on
Q: Was on the highway car failed to yield at stop sign. Was in accident, he was sited for failure to yield.

He is trying to lie and say I was in left lane then moved to right. But he was sited for it so his insurance has to pay for my car right? They told me at his insurance company that it is waiting on manger to approve liability. Will I get my car taken care of?

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

I've seen insurance companies try to claim it was "arguable" or offer only 70 or 80 per cent liability. You could use your own collision if you have it and let them deal with it. If you were injured contact a member of the Ohio Assn for Justice--they give free consults.

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Louisiana on
Q: In an hit and run when accused has left the scene of the crime who is responsible for the damage?

The person who hit my car gave fake information to the officers and had no insurance. They have no license either.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 4, 2019

That's what your UM insurance is for, unless it was a minor or using an insured driver's vehicle.

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2 Answers | Asked in Car Accidents for California on
Q: I lent my car out to a friend and she crashed it and caused $2500 in damages. She has only paid 500, what can I do?

I had minimum coverage on the vehicle so insurance was no help. She did not have insurance. I paid for the repairs already, what can I do about trying to get the rest of the money?

Dale S. Gribow
Dale S. Gribow answered on Dec 4, 2019

YOU SHOULD HAVE HAD INSURANCE TO PAY FOR PROPERTY DAMAGE.

YOU CAN SUE HER IN SMALL CLAIMS IF THE ACCIDENT WAS HER FAULT

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1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Florida on
Q: My dog was killed by a car driven by a careless driver with only a speed of less than 5 mph. Chose drivr over hoa

Driver chose to drive over appeared intentional definitely cruel conduct.

History of doing this, multiple witnesses all willing to testify , hoa is aware of past that this person is a danger. Nothing done. Appears culpable negligence

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

What does the HOA have to do with it? If you believe a crime was committed, report it to the local law enforcement authorities.

1 Answer | Asked in Car Accidents for Michigan on
Q: Do I have any options if failed to report an accident?

While leaving for work I hit my neighbors brick siding. I live in a condo, and all the units are within close proximity to each other. My neighbor's garage and my garage directly face each other. It was our first major snowstorm of the year, and the snow hadn't been cleared, and whiling backing... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 3, 2019

Your question was cut off at the end, but your conduct, should you be accused of leaving the scene of an accident, demonstrates every intention of reporting it after you realized there was damage. If you are accused, contact an attorney. Ask the rep from the insurance company with whom you spoke to... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: Hello, I was rear-ended yesterday. No police involved, culprit refusing to pay. What to do?

I have the person's insurance, license, vehicle registration, phone number and some front dash-camera footage of when he hit me. He said he would pay, but he called to insult me and deny anything happened.

Mitchell Feldman
Mitchell Feldman answered on Dec 3, 2019

You can file a claim with your insurance company and provide the other drivers information and they can go after the at fault driver for recovery of the damages. If you have a license plate And drivers name and information obviously you could still pursue a claim cvilly against the person. However... Read more »

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1 Answer | Asked in Car Accidents and Juvenile Law for Ohio on
Q: If the keys are in the car, is it still grand theft auto?

My cousin took a car without permission, but the key was in it. He had Intentions to return the car but on the way back he wrecked it.

Tim Akpinar
Tim Akpinar answered on Dec 3, 2019

This is something a criminal defense attorney would know. You could repost the question in the Criminal Law section. Car accident attorneys (the category where you have it posted) usually only deal with the civil aspects of collisions, such as personal injury and property damage claims. They aren't... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: I drove through a road closed zone what kind of ticket will I get

I drove through a closed road zone on the highway

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 3, 2019

It technically could be several tickets from driving on a closed road to careless driving for not noticing the road was closed. If charged get a lawyer most of us offer free in office consultations.

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