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Delaware Car Accidents Questions & Answers
1 Answer | Asked in Workers' Compensation, Car Accidents, Civil Rights and Medical Malpractice for Delaware on
Q: Hi my question is about the opioid lawsuit that is going on and I have heard that it’s deadline is April 2024 and……………..

I am 100% sure that I am eligible for the lawsuit. I was in 3 auto accidents in 2003. I seen the auto Doctor for about 2 years & he gave me opiates & then I was referred to the Pain Management Doctor(s) for 5/7 years & he gave me stronger opiates & then his office got shut down... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm sorry to hear about the challenges you've faced. It sounds like you've been through a lot and are seeking some form of redress for the difficulties you've encountered due to opioid prescriptions and their aftermath. It's important to acknowledge your resilience in... View More

1 Answer | Asked in Car Accidents for Delaware on
Q: Can I be held liable For an accident My brother had if used my credit card?

Can I be held liable for an accident my brother had if he used my credit card and had no insurance?

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2024

A Delaware attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney as to the operation of insurance law in Delaware, in most places, that should not create liability for the credit card holder. It's usually the vehicle... View More

1 Answer | Asked in Car Accidents for Delaware on
Q: My car was parked in front of a grocery store with my mom in the car. A commercial van had backed into us.

The driver I believe is uninsured as he said he would pay for the damages. The driver also has a temporary license. We did not file a police report. The driver does not own the company vehicle but does work for the company. There is video footage of my car getting hit Infront of the grocery store.... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 16, 2022

Since most attorneys who practice accident/injury law will provide a free consultation, I would recommend that use the Justia Find an Attorney tab and search for accident/injury lawyers in your area----call a few of them, set up consultations, and after meeting with 1 or more of them, then decide... View More

2 Answers | Asked in Car Accidents for Delaware on
Q: My 24 year old hit another car, got a dui. Does not live at home, has her own auto ins. Am i liable to give an affidavit

The person that was hit... their insurance company is bugging me and wants me to sign an affidavit stating she wasn't in my policy or living at home.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 8, 2021

No, you do not have to sign an affidavit, however, it may (or may not) be in your and your 24 year old's best interests. My suggestion is that you contact an attorney or 2 in your area, bring the paperwork (affidavit, emails, correspondence) to your meet with the attorney and explain the... View More

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2 Answers | Asked in Car Accidents for Delaware on
Q: My 24 year old hit another car, got a dui. Does not live at home, has her own auto ins. Am i liable to give an affidavit

The person that was hit... their insurance company is bugging me and wants me to sign an affidavit stating she wasn't in my policy or living at home.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 8, 2021

No, you do not have to sign an affidavit, however, it may (or may not) be in your and your 24 year old's best interests. My suggestion is that you contact an attorney or 2 in your area, bring the paperwork (affidavit, emails, correspondence) to your meet with the attorney and explain the... View More

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1 Answer | Asked in Car Accidents for Delaware on
Q: I was in an auto accident (no fault motorcycle) and want to apply for PIP. Employer has 3/11 as date of accident but

Hospital and insurance have 3/12. Will the date be discussed between adjuster and hr and should I just not apply for PIP because of discrepancy?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 31, 2021

The discrepancy sounds like a mistake and can easily be corrected----you should not use that to prevent you from applying for PIP. Good luck.

1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: I was severely injured in a motorcycle accident. Why isn't the at fault person responsible for my medical? Delaware
Tim Akpinar
Tim Akpinar
answered on Feb 21, 2021

A Delaware attorney could advise best, but your question remains open for a week. I'm sorry for your accident and your injuries. You could continue to await a response here, but you could also reach out to local attorneys to try to arrange a free initial consult. Coverage for motorcycle... View More

1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: Can I open an emotional distress claim if an accident has left me unable to see my therapist

The insurance company decided the other driver was at fault for an accident I was in recently. My car is not drivable and as a result I can’t see my therapist who has said I should be there every week. I have really been struggling without access to therapy, is it worth opening an emotional... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2020

This sounds like it would be difficult case, if it were to be based on not being able to get to a therapist's office due to an inoperable vehicle, for which the fix could ordinarily be a rental vehicle or reimbursement of transportation expenses. Emotional trauma can be an element of damages... View More

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Delaware on
Q: If the opposing party claims I didn't properly preserve the evidence of my car accident case, does that mean my case

can't proceed to trial?

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2018

Evidence would be necessary to go to trial, but it’s possible there is evidence if an ambulance responded, you were taken to an emergency room, there was a police response, a property adjuster inspected the damage to your vehicle, etc. Without knowing what happened, it’s difficult to say what... View More

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1 Answer | Asked in Workers' Compensation and Car Accidents for Delaware on
Q: In a car accident. The person at fault's insurance company wants my medical records sent to them. Should I send?

I was driving a State owned car at the time of the accident. I was hit from behind by driver on cell phone. The officer did not put the cell use in the report he also never asked if I needed medical attention. I drove myself to hospital afterwards. Two days later the person at fault's... View More

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2018

It is curious that an offer should be made without seeing the medical records.

You could consult with an experienced personal injury attorney to help you make a well-informed decision here. An attorney could advise you about the factors that are considered in determining the value of such...
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1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Q: I was backed into while parked. There was no damage to the cars but today I'm in pain. There was no report made that day

But today I filled a report. Do I have a case?

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

I have had several. Problem is if no damage it'll be uphill. Consult a member of the Del Assn for justice--they give free consults.

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on
Q: In 2016 I was in a car accident , i was hit near the passenger side wheel, after I observed duties at a stop sign,

I was given a violation for duties at a stop sign by the arriving officer to the scene of the accident, (he was not present nor did he see the accident) what case law can be presented for defense ??

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2018

Look at the statute and argue you did what it said. Presumably you came out and someone hit you. If they didn't have a stop sign too they have the right of way.

1 Answer | Asked in Car Accidents for Delaware on
Q: if in auto accident , you receive 2 checks do the lawyer get 1/3 from both checks

I pay for under insured motorist and had to use just for that reason.1 check came from their insurance and 1 from my own

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2017

You bet. The underinusured is like another liability claim except the lawyer has to show your case is worth more than the limits of liablity s/he collected for you. The workman is worth his hire. (1 Timothy 5:18)

1 Answer | Asked in Car Accidents for Delaware on
Q: I received 2 checks from auto accident . does the lawyer get 1/3from both checks? since it was one case
Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2017

Look at your fee agreement. It usually says for the amounts recovered. Two checks for one case mean that's the amount recovered. The exception might be if one was for property damage not part of an injury claim.

1 Answer | Asked in Car Accidents for Delaware on
Q: I was a passenger in a rental car that was in a non at fault accident and have bad back pain.

My friend purchased extra rental insurance. Do I have a claim for pain and suffering?

Peter N. Munsing
Peter N. Munsing
answered on Aug 6, 2017

Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on
Q: I am 17 years old. I recently got into a minor car accident that is my fault, apparently. Will my license be suspended?

I was at a red light, in the right turn lane. My turn signal was on, and I waited for an opportunity to turn right onto the road. Assuming the opening was large enough, I made the turn. I was t-boned on the side of my door within 10 seconds after. I understand that this is my fault, but could the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2017

1) If you made a turn it wasn't 10 seconds.

2) I assume you reported it to your insurance. Insurance will provide you with an attorney if you are sued..

3)If you didn't get a ticket you aren't in court.

Get a copy of the crash report. It may cast light on...
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1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Q: Can I rent a car using the offenders car insurance

I was in a car accident and my car got totaled. It wasn't my fault but now I am out of a car. The offenders insurance should be paying for a rental

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2016

The offenders insurance should give you a "prior authorization" though depending on your state they may not have to (depends on what state it happened in). If your car got totaled chances are you have an injury so I suggest you contact a member of the Delaware Trial Lawyers Assn--they... View More

1 Answer | Asked in Car Accidents for Delaware on
Q: My son's car was hit by another party now their insurance closed the claim. can i sue them if there was no police report

There was no injury by either party. the 911 dispatcher said there was no reason to send an officer for a report since the accident happened on private property. The other party admitted fault to my son immediately following the accident. they exchanged information and went on their way. Now the... View More

Adam Studnicki
Adam Studnicki
answered on Feb 12, 2016

Whether there was a police report doesn't affect whether you can file a lawsuit. Talk to a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for...
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1 Answer | Asked in Car Accidents for Delaware on
Q: If your car was totaled while it was parked in front of your house by stolen vehicle that has insurance is the owner lia

Driver left the scene on foot keys were in car and drugs were found in it. Was reported stolen 3 days prior

Adam Studnicki
Adam Studnicki
answered on Aug 11, 2015

The owner's insurance may not cover it, and the driver is probably gone (and uninsured). May be easiest to turn it over to your insurance.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for...
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1 Answer | Asked in Car Accidents for Delaware on
Q: Is a bicyclist who is following vehicle traffic rules considered a pedestrian when hit by another vehicle?
Charles Snyderman
Charles Snyderman
answered on Oct 7, 2013

In Delaware, a bicyclist has the same rights and duties of the driver of a car.

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