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Car accident question - any lawyers in the house?

N

NetGuySC

Golden Member
My wife was in an accident this past march 1st. Both cars that were involved in the wreck were totaled.

The other drive was ruled at fault on the accident report and is ticketed for "Failure to yield the right of way".

Several days later my insurance company (actually we both use the same insurance company) informs me that the car listed on the police report is not the car that hit my wife.

The car listed in the accident report is a 1996 Buick LaSabre, the car that my insurance adjuster visually inspected was a 1992 Buick park Avenue. The LaSabre is insured but the Park Avenue isn't. The adjuster stated that he spoke to the other driver and the other driver stated that he called the insurance company three years ago to change his insurance over from his LaSabre to his Park Avenue. The adjuster said that they have no evidence of this and the wreck is now covered under my Uninsured Motorists.

This morning a Sheriff's Deputy showed up at my front door and handed my wife a subpoena to appeart in court next week. It appears that the guy is fighting his ticket of "failing to yield the right of way".

I do not have a lawyer but i do have a witness of the accident. This witness is a lawyer and he states that this court case next week has no influence on the civil case concerning damages. basically said that I need to not worry at all about the guy fighting his ticket.

This happened in the great state of South Carolina

My questions are:

If this guy beats his ticket is he still at fault? I am worried to death that this could somehow be turned around aginst me even though my wife is clearly not at fault.

Sould I get a lawyer? My wife had a bad back that was under control. Her back is hurting again but she has not tried to get it treated instead we are hopeing that it will just heal itself ( my wife is 5 months pregnant and wishes to not do any medical treatment that may effect the baby)

The court system is not aware that the guy has no insurance and that he provided false info for the police report ... how to handle this?


any advice on what to do or not do?

 
Sigh... Another person that deserves to be shot...
One thing that really ticks me off is people trying to weasel their way out of paying for damages.
I'm not a lawyer, but couldn't resist not posting. 🙂
 
I'm in South Carolina and we plan to terstify aginst him. Just kind of worried for english is not my wifes first language and she is scared of saying something wrong that will destroy our case.
 
Were the police there at the scene of the accident and did they write down "1996 Buick LaSabre" instead of "1992 Buick park Avenue" on the ticket? Do those two models look alike?

The two parties involved use the same insurance company but the incident is going to be resolved in a civil case? I thought the insurance company would just pay your damages under Uninsured Motorist and raise the other guy's premiums.

You pay insurance to fix things when bad things happen. You better re-consider your initial decision not to seek medical care for your wife's back. It's better to let the insurance company know now than later about the back problem. It may get worse and you'd feel the fool. In any event, you've got it backwards -- you want medical treatment because she is 5 months pregnant. For any medical treatment ask: "How will this affect the baby?"

Can you explain the accident in detail?
 
Your insurance rates are going to rise. Their subrogation department will try to recover vs. him later on, but they will raise your rates for using your uninsured motorist coverage. Same thing happened to me except that the guy turned into a total ghost after being found liable in civil court. So far they've never recovered a dime, and my rates went up plus I received an accident surcharge.
 
Originally posted by: Mill
Your insurance rates are going to rise. Their subrogation department will try to recover vs. him later on, but they will raise your rates for using your uninsured motorist coverage. Same thing happened to me except that the guy turned into a total ghost after being found liable in civil court. So far they've never recovered a dime, and my rates went up plus I received an accident surcharge.
Click to expand...

Good god... I hate insurance companies :|
 
Even if he beats the ticket it should have no effect on your civil case against him. At least it wouldn't in my State.

I was once on a jury in a civil case involving an automobile accident and we, the jury, were not allowed to know if either party was ticketed or found at fault. Thats what the civil case is for, to let a jury decide who was at fault after hearing all the testimony.
 
Originally posted by: NetGuySC
My wife was in an accident this past march 1st. Both cars that were involved in the wreck were totaled.

The other drive was ruled at fault on the accident report and is ticketed for "Failure to yield the right of way".

Several days later my insurance company (actually we both use the same insurance company) informs me that the car listed on the police report is not the car that hit my wife.

The car listed in the accident report is a 1996 Buick LaSabre, the car that my insurance adjuster visually inspected was a 1992 Buick park Avenue. The LaSabre is insured but the Park Avenue isn't. The adjuster stated that he spoke to the other driver and the other driver stated that he called the insurance company three years ago to change his insurance over from his LaSabre to his Park Avenue. The adjuster said that they have no evidence of this and the wreck is now covered under my Uninsured Motorists.

This morning a Sheriff's Deputy showed up at my front door and handed my wife a subpoena to appeart in court next week. It appears that the guy is fighting his ticket of "failing to yield the right of way".

I do not have a lawyer but i do have a witness of the accident. This witness is a lawyer and he states that this court case next week has no influence on the civil case concerning damages. basically said that I need to not worry at all about the guy fighting his ticket.

This happened in the great state of South Carolina

My questions are:

If this guy beats his ticket is he still at fault? I am worried to death that this could somehow be turned around aginst me even though my wife is clearly not at fault.

Sould I get a lawyer? My wife had a bad back that was under control. Her back is hurting again but she has not tried to get it treated instead we are hopeing that it will just heal itself ( my wife is 5 months pregnant and wishes to not do any medical treatment that may effect the baby)

The court system is not aware that the guy has no insurance and that he provided false info for the police report ... how to handle this?


any advice on what to do or not do?
Click to expand...
I would think to walk down the the police station and talk to the deputy on site and tell them that they had no insurance. Also, make sure you have written records (have the ins. company email you) saying that the car wasn't covered. the guy will be screwed in court for not having ins...hell the judge might stop the case right there and awardy ou damages.
 
[/quote]
I would think to walk down the the police station and talk to the deputy on site and tell them that they had no insurance. Also, make sure you have written records (have the ins. company email you) saying that the car wasn't covered. the guy will be screwed in court for not having ins...hell the judge might stop the case right there and awardy ou damages.
[/quote]



My friend , who is in law enforcement, spoke to the officer who wriote the ticket on my behalf.

Here are the impressions that I got from their conversation.

1. the guy is guilty and for me not to worry about him getting out of the ticket.

2. the ticketing officer seems uninterested that he made a mistake and listed the wrong car on the police report. The officer told my friend several times that if the other driver doesnot provide proof of insurance then he will be charged.... my problem with this is that the other driver has insurance on the 96 LaSabre and not on the car that actually hit my wifes car. Yes he can provide proof on insurance,but not on the car that actually hit my car. I am thinking that the cop wants to keep his own mistake a secret, his mistake of writing up the wrong car in the accident report. I am thinking of going over the officers head and going directly to the prosecuting attorney. Not sure if I need to embarass this cop though.


I spoke the the claims adjuster about him giving me proof of this other driver having no insurance. Saids that he can't until he receives a "Certificate of denial" from his home office.

My friend also asked the police officer to call my adjuster directly, friernd said that the cop seemed to not like that idea. My adjuster had already called this cop to inform him of the lask of insurance, the cop won't return his call.

I alsojust got a letter in the mail from my insurance company " Farm Bureau" (remember that this wreck happened on March 1st at approximately 4pm) this letter basically said that per my requests my insurance has been cancelled on March 1, 2006 effective 12:01am. I called my agent wanting answers .. he saids not to worry that they have already paid on my claim (wrote check for my totalled car for $4620) and repeatedly tells me not to worry. The one thing I did not get from him was an answer as to why my insurance is cancelled 14 hours before the wreck and at my requests. I did recently buy another car (2001 Camry) and I got this letter after I got my new car insured with my insurance company (March 15).

This insurance cancellation letter may not be a problem but it sure as hell does not give me a warm fuzzy feeling.

Anyways I have an appointment with a lawyer at 2pm monday. This case is getting much too complicated for me and I am beginning to think that a lawyer might be a good insurance policy until this is behind us.


 
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