by Guest » Fri Apr 02, 2010 01:37 pm
I was on my way to work when an accident happened in front of me. A car changed lanes the same time another car did. I tried to stop and rear ended one car, and went into the other lane hitting another. The second car I hit the driver was slightly injured, but whgnn the police came, he was fine. He is claiming he is injured but I know he lying! I tried to file with the drivers insurance of the car I rear ended. The sent me a letter this week saying that they won't pay for my damage or the car I hit, and that I was at fault. This is complete bull!! If the two other cars were paying attention, this never would have happened. I am filing a lawsuit and I think I have a pretty good chance of winning. Does anyone have any advice that I could use when I go to court?
Posted: Fri Apr 02, 2010 01:45 pm Post Subject:
He is claiming he is injured but I know he lying!
And you know this how?
I tried to file with the drivers insurance of the car I rear ended. The sent me a letter this week saying that they won't pay for my damage or the car I hit, and that I was at fault. This is complete bull!!
No it's not bull. I think it's fair to say that you were following to close (tailgating)
If the two other cars were paying attention, this never would have happened.
And if you were paying attention you never would have rearended the vehicle in front of you.
You don't have a case. What are you planning on accusing these other drivers of? Their accident has nothing to do with the fact that you hit one of them, and then you hit another car. These are two seperate events.
Posted: Fri Apr 02, 2010 01:52 pm Post Subject:
I'm not clear on what happened. The two vehicles sideswiped each other and slowed down quickly. You could not stop/slow in time and rear ended one? Is this correct?
What state did this happen in?
Was their a police report filed? If so, which driver received a citation?
Posted: Mon Apr 05, 2010 07:28 pm Post Subject:
The unfortunate fact of life is that things that other poeple do can effect you adversely through no fault of your own. There is really not much you can do about this situation just let the insurance companies work it out. When you hit another vehicle from behind, for whatever reason, you can't win.
Sorry!
Posted: Tue Apr 06, 2010 01:35 pm Post Subject:
What do you mean I don't have a case? Are you kidding me? So far I have spoken to 2 attorneys who say different. There is obvious neglect on the part of the other drivers. If they were paying attention, I never would have had this accident.
"for whatever reason, you can't win"
Wrong. There was no other place for me to go. What could I do? And no I was not tailgating. The police who did not do a very thorough job, cited me for driving to fast for condtions. Doesn't make sense. The speed limit was 65, which way before the accident occured I wasn't even going 60 because of traffic. I known the driver of the car I hit is lying. He was fine after the accident and even refused medical treatnment. Then all of sudden he goes to the hospital the next morning. Who does that? I am not allowing my insurance company to speak to him until after we file suit. Perhaps he will change his tune and be honest. He is like many people who just scam for money.
Posted: Tue Apr 06, 2010 01:53 pm Post Subject:
Are you kidding me?
Not at all. What are you planning on suing the other drivers for. They may have been neglectful in their accident, but your accident had nothing to do with thiers. Two events.
So far I have spoken to 2 attorneys who say different.
Of course. If their is any chance they can get money they will take your case. Besides, if you are planning on being represnted, why would you come here and ask for advice for your case. Isn't that what you pay an attorney for?
Doesn't make sense.
It makes perfect sense. Driving to fast for conditions doesn't mean you were exceeding the speed limit. You said yourself that you were not traveling faster than the speed limit because of traffic. The conditions were that traffic was backed up and you were traveling too fast for those conditions. Which ultimately put you at risk for not having enough time to stop when that accident happened in front of you. If you were traveling 55 mph at a distance of 5 car links behind the vehicle you rearended, would agree or disagree that would have given you plenty of time to avoid the accident?
I known the driver of the car I hit is lying. He was fine after the accident and even refused medical treatnment. Then all of sudden he goes to the hospital the next morning. Who does that?
A lot of people do. Were you not injured in your accident? Were you not sore the next morning? Have you seen his medical reports? Are you a doctor? You don't know if he was or was not injured.
I am not allowing my insurance company to speak to him until after we file suit.
Yoo don't have that authority over your insurer. If the other driver files a claim against you, your insurer has no choice but to talk to him.
IMO, you really have not thought this through enough, and I forsee you will have a lot of difficulty in court.
Posted: Tue Apr 06, 2010 01:59 pm Post Subject:
cited me for driving to fast for condtions
Conditions? Like snow, rain, traffic etc? Officers usually explain or give details as to why they are issuing a citation. What did this officer tell you?Then all of sudden he goes to the hospital the next morning. Who does that?
To be honest, it happens all of the time. It's the nature of a soft tissue injury. The muscles are bruised or pulled and they react slowly. Every see a bruise on the top of the skin... it usually gets worse over the course of a few hours.I am not allowing my insurance company to speak to him until after we file suit.
Sorry... you can't enforce this. They have state guidelines to follow. I'm sure they will contact all the parties involved in order to obtain statements.You did not mention details about what happened. I'm guessing that the two vehicles in front of you were in an accident and then you rear ended one of those vehicles.
Posted: Wed Apr 07, 2010 05:02 pm Post Subject:
I am going to have to disagree with both of you. Why would an attorney take a client whose case in not winable? That makes no sense. Besides, if I loose, I don't have to pay them anything. The officer never talked to me about the citation and won't return my phone calls. I have every right to refuse my insurance company from talking to this faker. I am the one that pays them. I am just trying to save them the time from getting the wrong information, I am sure they can apricate that.Wouldnt you? I am filing suit because if the two drivers were paying attention, this would not have happened. They bare the brunt of the responibility. Soft tissue injuries are not real injuries according to several medical people I have spoken with. They are unatainable as far producing results you can actually see. Anyone can fake a 'soft' injury. You two are no more helpful than any other insurance person. Always looking out for yourself and your own wallets. You should be ashamed. 5 car links? Seriously? When is the last time you saw anyone using that logic? I guess you two take the bus and never deal with rush hour traffic.
Posted: Wed Apr 07, 2010 05:21 pm Post Subject:
I am going to have to disagree with both of you.
You have that option
Why would an attorney take a client whose case in not winable?
Just because these two attorneys told you that you have a case and are willing to represent you doesn't mean they based that decision on whether or not your case will end in your favor.
Besides, if I loose, I don't have to pay them anything.
Are you assuming that or did they tell you that?
I have every right to refuse my insurance company from talking to this faker. I am the one that pays them. I am just trying to save them the time from getting the wrong information, I am sure they can apricate that.Wouldnt you?
I don't know where you are getting your information, but you are so wrong it's not even funny. Your not saving them anytime. Actually you are interferring with their investigation that may result in your favor (unlikely) if you would just relax and let them do their job. Let them get the "wrong" information. It's their job to investigate. They will be able to determine if he is lying and deny his claim if infact he is lying. They have most likely already spoken to him and took his statement. Put yourself in this guy's shoes. If you were legitamately injured, wouldn't you want to tell your side of the story?
I am filing suit because if the two drivers were paying attention, this would not have happened. They bare the brunt of the responibility.
Well good luck with this, I think your in for a big suprise.
Soft tissue injuries are not real injuries according to several medical people I have spoken with.
You have been talking to the wrong people.
You two are no more helpful than any other insurance person. Always looking out for yourself and your own wallets. You should be ashamed.
Ummmmm, okay.
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Posted: Wed Apr 07, 2010 06:37 pm Post Subject:
I have every right to refuse my insurance company from talking to this faker.
Sorry, but the is still incorrect. Think about this.... if it were true _no_ claims would ever get paid. I could run into someone, kill them, and simply tell my carrier not to pay. Done deal, right? Wrong. In that case the insured would be sued and the insurance company would try to defend a non-winnable case. On top of all this, the judgment could be in excess of the insured's limits and the insured would then need to pay the difference. On top of this, the insurance company has a fiduciary responsibility to the other party. Bottom line, insurance companies pay claims all of the time that their own insured's don't want paid . Most people don't understand local liability laws or local case law.Soft tissue injuries are not real injuries according to several medical people I have spoken with
I doubt this is exactly what the said or it was misunderstood. They _are_ real injuries, it's what most people have from an auto accident and it should be obvious that its a real injury. I think what might have been meant is that the tend to be minor and are not lasting in nature. A soft tissue injury is usually a bruise or a pulling of the muscle that causes it a temporary injury. Over time, and sometimes with treatment, they usually heal, just as a bruise on the skin does.You two are no more helpful than any other insurance person
I can only be as helpful as the information given. I've asked for more info but it's not been given. Mainly I wanted to know what happen in the accident in more detail. Lets assume I'm correct as mentioned above.... if it's correct you _may_ be able to place some liability against the person in front that caused the initial accident. This would be an up hill battle. I won't get into details, I can only assure you it's correct, but the argument against you will be that you did not maintain control of your vehicle. If the accident happened right in front of you and you can show that there was nothing anyone could have done to avoid it, then you have a better case. If it can be shown that you could have avoided the accident then you will have a tough time. The citation is going to make your situation extremely difficult.I guess you two take the bus and never deal with rush hour traffic.
I see a lot of auto accidents happen in rush hour traffic... most I find are caused by people following too close (for conditions=traffic) and people not paying close enough attention.Why would an attorney take a client whose case in not winnable?
Each and every case _can_ be "winnable". They take them as they spend a few hours on the case and 33% of any settlement is very good money. Attorneys find that many adjusters offer to pay something even when it's not owed just to get the claim closed (even when their insured's tell them not too).I never said you did not have a case. I think i did point out that you are going to have a tough time with it and I certainly see some comparative negligence on your case (which I think you understand). In some states 1% against you means that you cannot collect, other states its 50% or more. Some states it simply reduces the amount you can collect.
Posted: Thu Apr 08, 2010 04:43 am Post Subject:
Let me try.
Why would an attorney take a client whose case in not winable?
You could stand on any street corner in a city and hit an attorney's office. They will sign up anyone and then view the actual facts of the case. They also know that if they are involved that they might be able to get a few bucks. But don't let them fool you....they are not going to trial....Law and Order this ain't. Trials cost a lot of money and they are not going to take a questionable case to court. Some of the most profitible attorneys never set foot a court room.
I have every right to refuse my insurance company from talking to this faker. I am the one that pays them. I am just trying to save them the time from getting the wrong information, I am sure they can apricate that.
I think the other two spelled this out. Your insurance company has every right to investigate the accident. In fact, they will want to investigate the accident....since they will be paying someone at least something.
You seem to be hung up on two different issues.
1. You believe that you were not at fault for the accident.
2. You believe that this guy is not really hurt.
These are two different issues. If you are not at fault... then it really doesn't matter if he is hurt or not.
Soft tissue injuries are not real injuries according to several medical people I have spoken with.
Adjusters look at this as subjective injuries. (You're right)...ones you can't prove or disprove. They are still injuries that are paid for all of the time. They are look at differently then a broken leg, but still paid for all the same.
Anyone can fake a 'soft' injury.
Sure can. Which makes them not worth as much. Sometimes the are denied all together.
You should be ashamed. 5 car links? Seriously? When is the last time you saw anyone using that logic?
Myself...that's who. Maybe because I have seen people with lost limbs, life altering injuries or a guy crushed by his own tanker as he had to slam on his breaks to not rear end a car that he was following that decided to make a last minute left hand turn.
You never know what the knuckle heads around you, in front of you and behind you are going to do. If someone doesn't like it that I have a big gap between me and the car in front of me, they can pass me. If I'm keeping the correct distance between me and the car in front of me, then I'm not driving too slow. How does it really help me riding his bumper.
If they were paying attention, I never would have had this accident.
I understand how you feel about this. You were just driving along minding your own business and now you are in a mess. T and Trench are not trying to deny your claim... they are just giving you the facts of how these types of claims are handled all of the time. Who knows, you may win....we just don't see it with the facts that you have supplied.
One question - What lane were you in. What lane was car A and car B in. What lane were they trying to occupy.
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