Auto Accident
John asks…
What should I expect from being sued from an auto accident?
6 months ago I was in fault for an auto accident. I am now being sued for $200,000 basically for pain and suffering, which is crazy to that extent because the injuries were not that severe. Both of us walked away from the accident. My insurance covers up to $100,000 so the leaves the rest to me. What typical happens in cases like this?
admin answers:
First, make sure you give a copy of the summons and complaint to your insurance company right away. The insurance company will hire a lawyer to defend you. That is why you buy insurance.
You also may want to hire another lawyer to advise you about protecting your personal assets. A personal lawyer can also put pressure on the insurance company to settle the lawsuit.
At the very least, let your insurance company know, in writing, that you expect them to resolve the claim, if they can do so, within your policy limits. Lawsuits often include inflated numbers to encourage settlement, and most personal injury lawyers will jump at the chance to settle for policy limits.
You should seek the advice of a lawyer in your area.
Your lawyer(s) will be in the best position to advise you about what to expect. Make sure you ask your lawyer(s) to cc you on all correspondence, so you can keep tabs on how the defense is going.
Good luck!
Steven asks…
How long is too long to wait to visit the doctor after an auto accident?
I was involved in an auto accident and it’s been five days since it happened. I’m starting to have a pain in my left shoulder (I was driving and it is bruised from the seat belt). The accident was not my fault, but I’m worried that the “acceptable” time frame has passed for visiting the doctor. Is it too late to claim it as an injury if I go to the doctor now?
admin answers:
There is no set “time frame” to go and see a doctor. Its all up to you. If your pain hasn’t let up and you feel you need to go to the doctor, by all means, go ahead and go.
I handle personal injury claims and 5 days doesn’t seem to be an excessive amount of time. Its when people wait weeks and months before seeking any treatment that sets a red flag in their claim.
William asks…
How long do you have to stay at the scene of a minor auto accident?
In California if you are involved in a minor auto accident, and you have already taken/given all the auto insurance info required, how long do you need to stay or do you even need to stay and wait for an officer?
admin answers:
In many cases, the answer to this question depends on the specific jurisdiction.
Generally, non-injury accidents that occur on private property (such as in the parking lot of a business) will not require a police report. You would simply exchange information and report it to your insurance company. My department will not take these reports even if you ask unless there is some complication (no insurance, no license, drunk driver, etc). In these cases your insurance companies are responsible for investigating the accident based upon the statements of the involved parties. Since the Officer was not present to witness the accident they have nothing to add to the report unless they do an accident reconstruction investigation – which will almost never be done on a simple property damage accident on private property.
Accidents that occur on public streets generally require police contact, although some of the time no official report is generated.
If you are involved in an accident and you have any question you should simply call your local Police Department and ask if they want to come out. If either party to an accident calls the police and they indicate they will respond, my best advice would be that you wait there for however long it takes. Once the Police have indicated they think it is necessary for them to respond, there is no magic time limit after which you can leave. While you may be able to avoid a ‘hit and run’ charge by exchanging information prior to leaving, it would not look good for you with the insurance investigators if the Officer DOES decide to take a report and notes in that report that you left the scene prior to their arrival.
Mandy asks…
Tenant in a Auto Accident, why owner responsible for tenant to drive?
I have a tenant renting my condominium that has home owners association and one of my tenant was involved in a auto accident in the complex area. Home owner’s association says ‘as a owner liability for the damage that costed an auto accident of my tenant was at faul, does that make sense? I told them I cannot insure anyone of my tenant to drive and by state they have to go after the driver’s insurance, How can they come after the owner? Can somebody have a suggestion?
admin answers:
You should read your condo papers and insurance papers. I live in a small apartment building (not a condo) but the lease clearly says that the person who’s name is on the lease is responsible for anything that happens to himself, his guests and visitors, or anyone that sublets (even though we aren’t allowed to sublet) inside the building and outside on the property. That includes if you are burglarized. So the landlord suggests getting renters insurance and whatever other. There is also a hold harmless clause that says the landlord will be held harmless if anything happens. If you don’t see anything about the owner of the condo holding full responsiblity for his renters and what problems his renters do, you can ask the condo managers and insurance company for the paperwork that states it is your responsibility (you may have to pay for them, they usually don’t give anything away for free). And keep in mind that insurnace companies always try to first see if they can scare someone else into paying for things before they finally accept their own responsibility.
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