You should request a trial and not a waiver hearing and go to court. If the police officer does not appear, you will be acquitted. If the police officer appears, you can have a trial. If you are convicted, the judge can offer probation before judgment which avoids the points. Note that a PBJ counts... View More

The drunk driver who caused the accident will be liable to pay property damage up to the fair market value of your truck, or the cost of repairs, whichever is less. You would need “gap” insurance to cover the excess loan balance above what you receive for the total value of the truck. Gap... View More

Yes, the other vehicle's insurance should pay for the property damages (excepting any difference for financing balance, ordinarily picked up by gap). In terms of the injuries you describe, you could arrange a doctor visit to get checked out to be certain you're okay. Think about arranging... View More

Unfortunately, you are entitled to recover the fair market value of your vehicle plus 6% sales tax and tags. If there is still a balance, gap coverage will pay the loan if you have it. Otherwise, you are responsible for any remaining balance.

Since you were injured, you should obtain prompt... View More

Sorry to hear about your accident. The car that started the chain reaction accident is at fault for all cars damaged including your property damage and personal injuries. However, if your car is declared a total loss and your remaining car loan is greater than the present market value of your car,... View More

Who are “they”? The rental company is not responsible for that. Rental reimbursement under an insurance policy is provided when your car that is damaged in an accident is not drivable due to it being a total loss or because it is in the repair shop. You would then be given a covered rental... View More

The injured party would sue both the seller and the manufacturer/designer. The designer would ultimately be liable to the seller and the manufacturer (if different from the designer), for damages they pay out to the injured party. Basically, if all defendants in the case are insured, the... View More

You are entitled to factor in your medical bills, lost wages, pain and suffering, the nature of your injuries, and other losses. The value of your case can be impacted by many factors. There is not a formula.

Your best bet is to speak with an attorney. All attorneys take cases like this on... View More

Hello:

I am on vacation and have no books to look this up, however, the state has one (1) year to bring charges for assault and battery and I believe if an officer filed DUI charges in less than a year a Motion to Dismiss on that basis would fail. Now, the State clearly has problems of... View More

Most people are taken into custody at the scene if they are suspected of a DUI. In some cases, the police officer or hospital takes blood from the suspect who is charged once the results come back. If you have concerns, you should speak to a lawyer in a confidential setting. If the police did not... View More

Liability waivers are, in general, enforceable, with some limitations that require a lawsuit and fact finding by a judge or jury to sort out--which is not what you want. A party cannot enforce a liability waiver to release them from liability for "gross" negligence or reckless behavior,... View More

The insurance company found you liable? Did you have someone else look at the details of the accident? It isn't uncommon for one side to disagree with the other as to fault in an accident. Aside from the good points raised here by the other attorneys who responded, you may want to have someone... View More

If you were a resident relative of your brother's household and your brother did not list you on the policy, then his insurance company can deny coverage. If you were going straight and the other driver was turning left in front of you, you have a defense if you are sued. You could retain... View More

First, you cannot be found liable for causing the accident on account of your brother's insurance company denying coverage for you. That has nothing to do with liability for the accident.

Second, the only way you can be held responsible for causing the accident is if the other driver... View More

If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code,... View More

The driver --assuming they were aware that they struck and injured the dog-- is in violation of Transportation Article 20-105 (failure to remain at scene of accident resulting in damage to unattended property--pets are deemed property under Maryland law), 20-105.1 (information required to be... View More

Do not believe what the adjuster is telling you. Contact a NJ lawyer for representation. Damages for pain and suffering are allowed in NJ; however, NJ is a comparative fault state, meaning that you must not be more than 50% at fault for the accident, and your percentage of fault will reduce your... View More

I agree with Mr. Scherr's assessment. Additionally, you may be barred from any recovery from the truck's insurer (for both property damage and any injuries you may have suffered) due to contributory negligence. You stated that the truck was "driving" and not stopped. If you... View More

An attorney would need to review pictures of the intersection, the police report, and witness statements. In many bus only lanes, other drivers are permitted to enter the lane and turn just prior to the intersection. You can pull up pictures of the intersection using Google maps.

Anyone involved in a motor vehicle accident must give their insurance information to the other driver. It is the other driver that has that responsibility. It sounds like you obtained the insurance information on the vehicle. If not, your insurance company can run the tag and obtain the insurance... View More