Get free answers to your Car Accidents legal questions from lawyers in your area.
I was involved in a rear-end collision a while ago where I was not at fault and there were no injuries. A police report was filed, and I have contacted both my insurance company and the other party’s insurance. All necessary paperwork has been submitted, including ongoing negotiations. How long... View More 
answered on Mar 15, 2025
A South Carolina attorney could advise best, but your question remains open for a week. I'm glad no one was injured here. Given the facts you present (no injuries, rear-end collision), it sounds like a straightforward claim that shouldn't encounter delays. If there is a dispute in how the... View More
I was sitting at a red light when an out-of-control vehicle struck my box truck in Cleveland, OH. The driver had no insurance, and I only have liability coverage. There was extensive damage to my truck, which I use for work, and I was out of work for 3 days. I paid for a rental before buying a used... View More
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answered on Mar 11, 2025
It's going to be tough for you to find an attorney for this. In general motor vehicle accidents are handled on a contingent basis when the other side has insurance. Without insurance, there is little guarantee of actual payment out of the judgment. This is something you could probably file... View More
In 1997, my stepmother, brother, and I were hit by a drunk driver in Galt, CA. Unfortunately, my stepmother and brother were killed, and although I survived, I've had to undergo several surgeries since the accident. My mother sued and was awarded damages, but the driver filed for bankruptcy,... View More
answered on Mar 10, 2025
That was 28 years ago. Any statute of limitation has long since expired. Your mother likely sued for wrongful death of your brother, and was likely awarded the policy limits of the drunk driver. Even if you were within the statute of limitations, there is likely no other money to collect. It is... View More
I work in HVAC, and our employer plans our service calls. Recently, our company's policy changed so that we're not paid for driving to our first service call of the day and we can't use company vehicles for personal use. In a hypothetical situation, if I were in an accident and... View More
answered on Mar 10, 2025
Hypothetical questions are difficult because the details often don't make sense. If you are injured in an accident that is not your fault, the at-fault driver is responsible. None of the other details matter. If the at-fault driver is uninsured or carries minimum coverage and you sustained... View More
I was in a car accident and signed a law and injury form with State Farm. A couple of days later, State Farm totaled out my car. Given this situation, am I still able to sue?
answered on Mar 10, 2025
There is no such thing as a "Law and Injury Form," so it is difficult to answer. Your property damage claim is handled entirely separately from your personal injury claim. Before any insurance company will release any money to you for property damage or personal injury, you must... View More
I injured my hip in a car accident a year ago and received two workers' compensation checks. A lawyer informed me that I am required to undergo a range of motion exam, and if I don't comply, workers' compensation in New York might reclaim the money I received. I'm confused about... View More
answered on Mar 10, 2025
Generally speaking, your receipt of workers' compensation benefits (and no-fault benefits) is contingent upon your appearance for a physical examination with the insurance company's doctor (oftentimes more than once). How the physician conducts the actual examination is up to the... View More
I was in a car wreck in October 2024, in which I was at fault, and I sustained severe injuries including a broken femur, back, ribs, jaw, and a brain bleed. I underwent surgeries for these injuries and have been in rehab for my thigh. Post-accident, I have been advised not to lift more than 25 lbs,... View More
answered on Mar 10, 2025
You can apply for SSD. It matters not hurt. You cannot use an attorney the first time you apply. If you get turned down, you have 90 days within which to apply for what is called reconsideration. At that point, you can get an attorney. I do wish you the best.
My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More
answered on Mar 15, 2025
Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More
My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More
answered on Mar 8, 2025
I'm sorry about your son's accident. The Graves Amendment serves to protect rental car companies. It shields them from liability resulting from the negligence of the driver who rented the vehicle. What steps can you take to ensure fair compensation? If you are not already working with a... View More
My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More
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answered on Mar 11, 2025
I’m sorry to hear about your son’s injury and the difficult situation you’re facing. It’s understandably frustrating when dealing with insurance issues on top of an already challenging recovery process. The Graves Amendment, a federal law passed in 2005, can impact rental car accident... View More
My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More
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answered on Mar 7, 2025
The graves amendment essentially works like this: normally, under New York vehicle and traffic law section 388, the owner of the vehicle is vicariously liable for the negligence of the driver of the vehicle. But when long-term commercial lessor owns the vehicle, the graves amendment kicks in to... View More
On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More
answered on Mar 16, 2025
As my colleague advises, it could worth reviewing things more closely and exploring whether a counterclaim might be worthwhile. According to your post, there is no official report. So Progressive's determination in all likelihood arose from their own insured's statement. Based on the... View More
On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More
answered on Mar 16, 2025
Addendum - Just an added consideration. Hopefully, something on the scale of $7,200 in damages would not make it to trial. But if it was not successfully disposed of in pre-trial, that element of not having insurance might not necessarily endear your son to the court. Something to think about in... View More
I was in a car accident on May 23, 2024, and suffered knee contusions, strained back muscles, and whiplash. The insurance company is offering me $15,000 as a settlement; however, since then, the state insurance minimums have increased from $15,000 to $30,000. Am I entitled to the new rates or the... View More
answered on Mar 6, 2025
Any policy issued in 2025 has to comply with the new rates. Since the policy with which you are dealing was issued in 2024, it can be a $15k/$30k policy. A consultation with an attorney may be appropriate to help determine if there are other potential sources of recovery.
I was involved in a car accident where I T-boned a truck that made a U-turn in front of me. I was driving at approximately 52 mph. The police report indicates that the other party was at fault. My car was totaled, and I've suffered a lot of soft tissue damage, accumulating $6,400 in medical... View More
answered on Mar 6, 2025
Your question would be best directed towards your attorney since he/she knows the particular facts of your case best. Nevertheless, in an effort to provide you a response, I will answer your question the best I can.
For starters, insurance companies are not the named defendant in a... View More
I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More
answered on Mar 6, 2025
Personal injury lawyers won't take your case because they work on contingency, and without insurance there's no guarantee they will be paid. Personal injury cases can be complicated and there's a lot of work that goes into them, so PI attorneys aren't going to take cases where... View More
I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More
answered on Mar 6, 2025
Even if the driver who struck you had no bodily liability coverage, and you have no auto insurance, that driver's PIP (personal injury protection) should cover your medical bills, probably up to about $10,000. PIP gets paid directly to your medical providers. It's something that... View More
I was hit by a car while riding my bicycle in Gainesville, Florida. I don't own a vehicle, so I don't have vehicle insurance. The driver who hit me doesn't have bodily injury coverage on his policy. I want to file a lawsuit to get compensation for my medical bills and ongoing... View More
answered on Mar 10, 2025
I'm sorry about your accident. The only thing I'd add to the valuable guidance of my colleagues is that you may still want to consider reaching out to other attorneys. From your post, it appears you spoke with one attorney who declined your matter. You mention major pain; you do not... View More
I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More
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answered on Mar 5, 2025
Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More
I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?
answered on Mar 4, 2025
Your ethanol level needs to be convereted to BAC level which is generally on the lab work. The DWI limit is .08 but you can still get a DWI even with a lower level than the limit as the limit is only a presumption that your driving ability was impaired by alcohol. Definately get a lawyer to... View More
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