You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More

A West Virginia attorney could advise best, but your question remains open for two weeks. It's possible they could be, but an attorney would need to examine in closer detail, looking at the reason for the collapse of the pole, how fast you were going, road conditions, illumination of the... View More

A West Virginia attorney could advise best, but your question remains open for two weeks. One option is to file a claim or lawsuit. Until you're able to consult with a local attorney, keep in mind that as a general matter nationwide, there could be short deadlines for bringing claims against... View More

Based on your post, it is likely there may be fault on multiple parties----but the ultimate determination of fault is by a Judge in a trial after hearing the evidence presented. That said, if you were injured, then you should contact an accident/injury lawyer to discuss your options and how to... View More

Albin Moser Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2022

Yes, you should contact your own motor vehicle insurance company and discuss with them your underinsured motorist insurance. If there is money under your policy to pay for the amounts beyond the limits of the other driver's policy, then you are fortunate to have those benefits. Although you... View More

A citation, possibly loss of use of your vehicle. If you want to teach them do it on private property where there are no other vehicles. It's possible you could also be charged with endangering a minor, which can be a serious problem. Let an adult do the drivers ed.

To fully answer your question, I would need more information. What is the reason the insurance company is "not wanting to pay enough to cover both losses?" Is there not enough insurance? Is the insurance company offering the fair market value (FMV) of the vehicles, but you owe more on... View More

You have two years from the date of the wreck to file a suit in court.

I cannot tell from your message if two years have passed or not; you wrote "a little of two years has not can i still file . . ."

I would check your auto insurance policy to see what it says about your... View More

No reason you should--or not. Follow the path of the ancient sage, Lei Lo

Seriously, if you get a citation, plead not guilty if you think you were on your side of the imaginary center line. Do not give a statement to the other person's insurance if they call. They'll sound all... View More

unlikely but you can get sequential suspensions of your permit. Some judges will figure you didn't get the message and yes, you could do time.

Your question is out of my area of practice, but I believe that if you enter a not guilty plea, bail will be set. If you don't pay the bail, you will likely be held until you do make bail. If you plead guilty or are found guilty at trial, it's possible that you would be sentenced to jail.... View More

Not necessarily. If the the other driver was cited, an insurance company would likely determine that the other driver was at fault. If neither driver was charged, then the insurance companies will look to other factors. In many cases, though, the investigating officer gets it wrong, and cites a... View More

Possibly, but the far better case against the driver who hit your car while you were being towed (if I fully understand your situation). In any event, you cannot collect twice for the same injury or damage; I would pursue a claim against the tow truck company only if the at-fault driver did not... View More

Contact the center for Auto Safety in Washington DC.

You should talk with a local attorney who could advise you. If you have comprehensive coverage on your own auto insurance policy, you should turn it in to your company, and it sounds like you have already done so. You should also contact the town to see if there is anything it would do to help you... View More

The lien company may require it but the insurance agent asks what you want, you may have said "the cheapest," and that's what you have. I'm not aware of any state that requires that you have collision coverage. Your bank would normally require it, but if you ask your agent for... View More

Probably not, but it is difficult to say because I don't have enough information. Did the driver drive clear across the sidewalk to reach an empty parking space in a parking lot? Or did the driver inadvertently drive one tire over the edge of a curb while parallel parking? Without more facts,... View More

It depends. If your fault as the driver is greater than the jaywalker, you can be responsible for your percentage of the total fault. For example, if you are speeding through downtown Morgantown near the WVU campus when students are everywhere, and you hit one because you are in a hurry, you would... View More

If you are suing for damages for injury you only get punitive damages if defendant was dui. The fact his company act like jerks is not on them. However it's possible under some situations you may have an unfair insurance claims handling case. These are very technical. Get a free consult from a... View More

Those cases are very technical. If the insurer is out of state you may sue in State or Federal Court. Why not contact a member of the WVaTrial Lawyers Assn who handles "bad faith" cases and see what they say?