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Delaware Car Accidents Questions & Answers

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?

Rahlita D. Thornton answered on Nov 21, 2018

Do you have photos of the damage to your vehicle? This should be sufficient in most instances. Get an attorney on the case, especially if it just occurred.

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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 insurance... Read more »

Timur 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 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 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 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 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 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... Read more »

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 where the other...
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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 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 give free... Read 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... Read more »

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 your...
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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 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 legal...
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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 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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