Determination of liability and fault is fact specific-----and a trier of fact will determine the facts and make a liiability ruling, if you get that far. Before getting there, others (you, the other driver, insurance company adjusters, lawyers, etc) will make liability determinations based on the... View More

Addendum - a local attorney could also advise on your state's applicable comparative negligence/contributory negligence doctrines. Based on percentages of respective liability, these could have different outcomes of a person's available recourses, depending on the jurisdiction. It... View More

A Virginia attorney could advise best, but your question remains open for two weeks. Until you are able to review the accident with a local attorney (if a police report was issued, that would be helpful), both vehicles may bear some liability, one as a parked vehicle entering a roadway, and the... View More

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to advise you on what your case is worth based on these limited facts. I'm sorry about your accident. I hope you're okay. You could probably get an idea of the... View More

They could be at risk. But before pushing the panic button, you could probably make a more well-informed decision if you reviewed things with an attorney. Your post is very brief. An experienced attorney could offer better guidance with knowledge about the accident, the demand, the realistic... View More

A Kansas attorney could advise best, but your question remains open for a week. Court date - August 28th - that's tomorrow. Sorry, I wish I saw your question sooner. By now, you may have been in touch with other side to request an adjournment, or to discuss settlement, or other??

An... View More

A Pennsylvania attorney could advise best, but your question remains open for a week. This is an open-ended question - the answer could fill volumes, based on tactics used in court for impeaching witnesses. These could be found under state and federal rules of evidence.

The short answer to... View More

A Florida attorney could advise best, but your question remains open for a month. If your attorney wants out, and you haven't signed a release accepting terms, it's possible you could explore the possibility of another firm handling the case. A review of the file would be needed to... View More

Addendum - To be more responsive to the point you ask about regarding SOLs, I have not seen situations where statutes of limitations were used on the issue of relevance/irrelevance of prior injuries. It's usually a case-by-case analysis, depending on the quality of the medical opinion... View More

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on any state-specific rules, the GENERAL approach applied nationwide in the type of situation you describe is that the plaintiff relies on the opinion of a... View More

It is possible for an insurance adjuster to reference previous injuries in their evaluation of a claim no matter how old the previous injuries are. However, there are steps that a skilled plaintiffs lawyer can take to combat their attempt. First, prior to filing a lawsuit, you or your attorney... View More

Addendum - Don't knock yourself out over it. If the bumper is going to come off and be replaced, which is often the case these days with minor impacts, the distinction between the separate impacts might not be worth dwelling on. Good luck

A Utah attorney could advise best, but your question remains open for two weeks. This is a difficult one - unless there is video available, it's going to be your word against his. For a low-speed impact like that, there is no economical means of distinguishing between impact 1 and impact 2 -... View More

A Texas attorney should advise here, but your question remains open for a week. It's a little difficult to determine from the post what you agreed to... first-party medical expenses or [as you say in the post], personal injuries. I can't speak for Texas medical expenses - I don't... View More

A Georgia attorney could advise best, but your question remains open for two weeks. Yes, you could. There are attorneys who handle defense matters who work independently. But the more important question may be why your carrier is declining to offer you defense counsel. They probably provided a... View More

In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

Addendum - depending on the breakdown of the comparative liability here, it MIGHT be possible to pursue deductible from other side. No guarantees - an attorney would need to look closer at the respective liabilities to determine. Carriers SOMETIMES pursue deductibles for their insureds. Good luck

A Florida attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney in your state, here's a short answer.

It looks like both of you have been found liable to some extent, at least based on tickets issued. If the other... View More

An Arkansas attorney could advise best, but your question remains open for a week. The short answer is that it could depend on the terms of the policy. Some policies are ACV (actual cash value) and some are Replacement Cost. A local attorney should be able to advise definitively after seeing the... View More