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rear end automobile accident

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KarenCromartie

Guest
What is the name of your state? california

my husband was hit from behind while making a left turn into a parking lot. the other driver has obtained an attorney & claims my husband was making an illegal u-turn. the only witnesses were the passangers in the car that hit my car. my insurance company has completed their investigation and deems the other party responsible, the other parties insurance company claims the attorney won't allow them to get a statement from the driver without them present so they have been unable to complete their investigation. this accident occured on 8/13/02. if he was hit from the rear, & dmv records show that the other vechicle was not registered at the time of this accident but had insurance who is responsible for the damages? do i need to get an attorney? what should i do at this point. my car is not drivable & it's been 5 months?
 


HomeGuru

Senior Member
KarenCromartie said:
What is the name of your state? california

my husband was hit from behind while making a left turn into a parking lot. the other driver has obtained an attorney & claims my husband was making an illegal u-turn. the only witnesses were the passangers in the car that hit my car. my insurance company has completed their investigation and deems the other party responsible, the other parties insurance company claims the attorney won't allow them to get a statement from the driver without them present so they have been unable to complete their investigation. this accident occured on 8/13/02. if he was hit from the rear, & dmv records show that the other vechicle was not registered at the time of this accident but had insurance who is responsible for the damages? do i need to get an attorney? what should i do at this point. my car is not drivable & it's been 5 months?

**A: may I ask what you have been doing for the past 5 months to resolve this matter?
 
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KarenCromartie

Guest
for the past 5 months i have been waiting to hear from the other drivers insurance company. i recently received a letter from the other parties insurance company saying that their party claims my husband was making an unsafe lane change or turn. both sides of accident are claiming the other party was at fault & there are no independent witnesses. my husband was hit from the back and i always thought that the party that hit from the rear was responsible because they are suppose to keep a safe distance from the car ahead? what is the law on this matter & should i file a small claims suit for damages to my car?
 
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djprice

Guest
Go to the court clerks office first...

and get a statement as to the outcome of the citation the other driver received, I'm assuming one was issued ? Following to close ? Generally insurance company's in the case of accidents without injury don't require full blown investigations to settle on damages to vehicles. The fact that the other driver received a citation for any accident related offense indicates guilt, essentially assigned by the reporting officer. this is usually enough to get settlement through the insurance company. The other attorney is just creating a paper nightmare for his client so he can line his pockets, that is not your concern. Make sure you have a copy of the accident report, try to obtain a judgement regarding the citation the other driver received and call the other drivers insurance company over, and over, and over and over, call you're insurance company, ask if they can create a claim for you under your comprehensive coverage and then after having performed the repairs sue the other Insurance company, or simutaneously sue. This really is a matter for your insurance company to handle, that's why they have attorneys, your the victim, that's why you pay premiums. Under no circumstance contact the other driver now.
 

stephenk

Senior Member
if you have collision coverage you should have made a claim to have your car fixed months ago. after your insurance pays for your car repairs, your insurance carrier will then go after the other driver's insurance company for reimbursement.

stop delaying!
 

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