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auto accident lots of questions, please advise...

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gobonas99

Member
I'm in Upstate New York.

I'll try to be brief, but I have quite a few questions, and want to give you all the details, so bear with me, please.....

I was in a car accident last night. I thought I had enough time to make a left hand turn, but did not. I do not know how fast the other driver was going, but it had to have been over the speed limit (30 mph)...I was going less than 5 mph...the impact was hard (this is the first time I've ever been in anything more than a minor fender bender in a parking lot, so it was the hardest impact I've ever felt - my airbags deployed - that was scary). Police, fire and ambulance were at the scene. Damage to my car was significant...when I spoke to the ins company, she said it might be a total loss! :( Damage to the other vehicle did not seem too bad....front end damage, but nothing that seemed irreparable. Both vehicles had to be towed (his was probably drivable, mine definitely was not).

There were injuries, and we all went to the hospital. I hit my knee on the steering column, and have a chemical burn on my face from the airbag. The other driver hit his knees on the dash (at the hospital, we were in curtains next to each other, and I overheard the doctor ask him if his chronic back and neck pain was worse than normal (he said it was hard to tell) and she mentioned something about him being on divorstat (sp?) for the pain (which he said he hadn't taken any since Monday). His passenger was complaining of leg and chest pain at the scene (she did not appear to have been wearing a seatbelt). I do not know her condition - just before I left the ER, I heard one of the nurses tell him that she was going to x-ray and was doing "just fine."

Should I be concerned about them suing me? I don't really have anything they can sue me for....my car still had $16k left on the loan. My husband's SUV is only a year old and still has $26k on it. We just bought a house in April, and did a first-time buyer deal, where we pretty much just paid closing costs, so we have less than $2k in equity on the house. We also have around $13k in student loans and $27k in credit card debt. We both have good jobs, and can make ends meet, but we live VERY close to "paycheck-to-paycheck" - we have about a grand in savings. So what could they sue me for??? We don't HAVE anything (that we own outright - except some furniture and our clothes! :confused: I'm sure my insurance is enough to cover the property damage and hospital bills.....but I'm concerned about them suing me (the guy seemed like a real piece of work). If my insurance covers everything, can they still sue me??? :confused:

I was ticketed for failure to yield right of way while making a left hand turn (I will not get the police report for 5-7 days - the officer just gave me a little slip with the other driver's info). So, in light of my concern about them suing me, should I get a lawyer and try to fight the ticket to at least get it reduced (I'm SURE the other driver was going over the speed limit - everyone speeds down that hill)?? Or should I just mail it in and plead guilty?

Sorry this was so long, I know how you guys don't like that...I just wanted to make sure I gave all the details and asked all my questions (though I'm sure there'll be more ?'s later.....). Thanks in advance for your understanding and your advice!
 


stephenk

Senior Member
what is your insurance policy limit?

since you dont know how fast the other car was going how can you claim the other car was speeding? Face it, you made an unsafe left turn. ticket or not, you were at fault for the accident. I'm sure your insurance company has already told you that.

In any event, if the other driver and passenger make a claim against your insurance company, whatever settlement is reached would result in the entire matter being resolved.

if a settlement cant be reached, the other side will sue you and your insurance company will hire an attorney to defend you and still attempt to settle the case.
 

gobonas99

Member
my ins policy is $50k/$100k/$50k, with $50k PIP, and $50k additional PIP.

the ins company said that in New York State, each person can be found anywhere from 0% to 100% liable, so they could determine that it was 90% my fault for turning and 10% his for going too fast down the hill, 80% mine 20% his, etc. So would it make sense to hire an attorney for the ticket? :confused:

Thanks!
 

stephenk

Senior Member
you can hire an attorney to fight the ticket but on what basis are you claiming the other car was speeding? you admit you didnt see the car before you turned. just because you believe everyone (including you?) speeds down the hill, then the other driver must have been speeding is not going to fly as a defense.
 

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