who is more at-fault?

[le_008]

What is the name of your state? massachusetts

i was recently in a car accident and i was the driver. my insurance company said that since i was entering traffic and got hit by another car, i would be 90% at-fault. however, the car that hit me didn't stop and ranaway, making this accident into a hit and run case. i managed to get the license plate number, though. since the driver didn't stop so that we can exchange info and call the police to the scene, would that make him more at fault?

 

[CdwJava]

What is the name of your state? massachusetts

i was recently in a car accident and i was the driver. my insurance company said that since i was entering traffic and got hit by another car, i would be 90% at-fault. however, the car that hit me didn't stop and ranaway, making this accident into a hit and run case. i managed to get the license plate number, though. since the driver didn't stop so that we can exchange info and call the police to the scene, would that make him more at fault?

A hit and run does not make him more "at fault". If you entered traffic unlawfully, then you entered unlawfully. His leaving the scene would be a seperate offense.

Keep in mind that the fault assigned by an insurance company and even a civil court may be different than fault assigned by law and pursuant to a police report. If you wish to challenge the fault percentage by your insurance company, you need to take it up with them - and that may require you to hire your own attorney.

- Carl

 

[moburkes]

Carl is exactly right. The status of their insurance is a completely separate thing from the fact that you pulled out in front of traffic.

 

[le_008]

A hit and run does not make him more "at fault". If you entered traffic unlawfully, then you entered unlawfully. His leaving the scene would be a seperate offense.

Keep in mind that the fault assigned by an insurance company and even a civil court may be different than fault assigned by law and pursuant to a police report. If you wish to challenge the fault percentage by your insurance company, you need to take it up with them - and that may require you to hire your own attorney.

- Carl

the problem is, i don't have full coverage on my car so i had to do a third-party claim on his insurance. when i made the turn, the car was far away. the driver was speeding, that's why he hit my car.

if i were to get a lawyer involve, do you know what my chances are of winning?

i also had to go to the doctor a few days later because my neck started to hurt badly. the doctor sent me to the hspital to get x-rays. i used the claim number that i got from his insurance company to pay the bills. Will the medical bills be sent to me now?

 

[teflon_jones]

Was the other driver cited for speeding by the police? Or for anything else? What does the police report say?

Based on your post, you're at fault for this accident. Involving a lawyer may help you anywhere from not at all to you winning your case. It's impossible to say without a lot more information.

 

[le_008]

the driver was not cited for anything because he drove away. he never stopped when i went to pull over. however, when i was following the car to get the license plate number, my boyfriend, who was in the passenger seat, saw them threw a beer can out the window. we confirmed it by double checking the can. i told the police about this and the area where it was at. they said that they will investigate on the situation.

when i went to the police station to get the police report, the person there said they didn't have it, because the accident is under investigation. i showed her the paper that i got from the police on the night of the accident and she said that what i have was the police report. however it doesn't say much on the paper.

another question i have is, since i used the claim number from the insurance company of the person that hit me to go to the doctor and the hospital, will the medicla bills be sent to me now?

 

[InsuranceLadyAZ]

If the other driver's insurance concludes their insured is not at fault, you will be responsible for the medical bills. Again, the insurance companies don't have to agree with the fault assessed by the police.

 

[le_008]

another question i have is,

is he able to sue me, even though he did a hit and run?

 

[teflon_jones]

Anybody is able to sue anybody else for anything they want. The question is, will they win?