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Totally Confused.

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lottaskarma

Junior Member
What is the name of your state? Louisiana

I was involved in a MVA in Texas. At the scene the officer in charge stated the there where no witnesses and that both parties claim they had right of way. When I received the report it stated that I was clearly at fault and that there was a witness. In speaking with the officer I was told that since I could not remember if I left skid marks he is basing his opinion on my inability to remember. The following day I returned to the scene and photographed and measured any skid marks I could find. The insurer of the vehicle I was driving, it was not my vehicle but the owner was in the car and I am on the policy, sent an investigator to the scene and concluded that no marks were found that correlated with the vehicle I was driving. The vehicle I was driving was struck behind the wheel well, rear quarter panel, by the other vehicles left driver side front (left of center) which caused the vehicle I was in to skid sideways then roll. There are many inconsistencies in the report that are not supported by physical evidence. At the scene I had many lacerations and bruises but now my shoulder is extremely tender, swollen and burns. I dont have health insurance or medical payments on my insurance coverage and am unemployed. I need medical attention but can not afford it or the debt associate with medical care. This is my first MVA and I realize that I really need an attorney but dont know where to turn. What state do I file in Louisiana or Texas. What about the inconsistancies in the police report. (the officer said to let the insurance companies fight it out). I am totally confused.
 


ecmst12

Senior Member
The accident happened in Texas so you need a Texas personal injury lawyer. If you live near the border, you can probably find a local lawyer who's licensed in both states. And get medical payments on your insurance NOW! Won't help you for this accident, but hopefully you've learned why it's so important to have this coverage.
 
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moburkes

Senior Member
You said that you were driving someone else's vehicle at the time. I'm not sure if that person lives in TX or LA. Does that person's insurance policy have med pay or PIP? If so, those coverages can help you pay your medical bills.

The insurance companies will fight it out to determine fault. The police officer didn't witness the accident, so the report doesn't always hold that much weight, as you can tell by the adjuster's response and investigation. If it is determined NOT to be your fault, then the other party is responsible for your medical bills.
 

lottaskarma

Junior Member
The owner of the vehicle lives in Louisiana too. We both have the same carrier and neither of had PIP. We do now. I have now found out that the witness was actually another motorist that while not actually seeing the accident can attest to the traffic light giving me the right of way. My insurer informed me this morning that with all the documentation I have provided them along with their own investigation, while not complete, clearly indicated that the other party was clearly at fault. Thanks for the comment on the police report moburkes. My carrier affirmed that the report is so riddled with inaccuracies that there was no way the officer or the report would hold up in count or arbitration.
Moving on, is there a way to compel the courts to have the liability proceeding in Louisiana? The is my first accident and I am still feeling my way through. I am very proactive in this largely from being hacked off. Either one of us could be dead and thankful all I have is a very battered and bruise shoulder and shards of glass still in my arms and legs. Also, what criteria do I apply to my search for consul? I have a call into the local bar association and hopefully they can shed some light on the selection process. I do know that a lot of attorneys in my area, while nowhere close to the border are licensed to practice in Texas, as claimed in the yellow pages.
I appreciate all the guidance you have given me. It may not seem like much but it is a great comfort to me.
 

ecmst12

Senior Member
Hopefully it will not escalate to needing to be settled in court, but either way, auto accidents are governed by the laws of the state where the accident took place, so the Texas laws will be applied.
 

lottaskarma

Junior Member
lottaskarma said:
The owner of the vehicle lives in Louisiana too. We both have the same carrier and neither of had PIP. We do now. I have now found out that the witness was actually another motorist that while not actually seeing the accident can attest to the traffic light giving me the right of way. My insurer informed me this morning that with all the documentation I have provided them along with their own investigation, while not complete, clearly indicated that the other party was clearly at fault. Thanks for the comment on the police report moburkes. My carrier affirmed that the report is so riddled with inaccuracies that there was no way the officer or the report would hold up in count or arbitration.
Moving on, is there a way to compel the courts to have the liability proceeding in Louisiana? The is my first accident and I am still feeling my way through. I am very proactive in this largely from being hacked off. Either one of us could be dead and thankful all I have is a very battered and bruise shoulder and shards of glass still in my arms and legs. Also, what criteria do I apply to my search for consul? I have a call into the local bar association and hopefully they can shed some light on the selection process. I do know that a lot of attorneys in my area, while nowhere close to the border are licensed to practice in Texas, as claimed in the yellow pages.
I appreciate all the guidance you have given me. It may not seem like much but it is a great comfort to me.
And it just gets worse. I went to file a claim on the other party's insurance. Its been canceled for 4 months. Someone was able to get the local police to send the other driver a ticket for no insurance. IS TEXAS A NO PAY NO PLAY STATE? I bet she has nothing to pay a judgement and while I do have uninsured motorist its not a lot. Is there anyway to tell if she had other insurance? I have tried calling the Dept of Insurance but have been told there is no way to see if she or the vehicle has insurance. I know there is no lien on the vehicle but having insurance is not priority to her anyway.
Also, the owner of the car also go a letter from his insurance company offering twice as much as the NADA. He received a voice mail a day letter saying they were incorrect in the amount of the offer going against his collision and give him a correct figure in line with NADA. He has an offer in writing and a verbal retraction. He totally confused and could use some advice. I still haven't been able to contact a local attorney with license to practice in Texas. I assume it would be best to have an attorney from the area where the accident occurred but how does one do all of this over the phone. Any advice?
 

moburkes

Senior Member
lottaskarma said:
And it just gets worse. I went to file a claim on the other party's insurance. Its been canceled for 4 months. Someone was able to get the local police to send the other driver a ticket for no insurance. IS TEXAS A NO PAY NO PLAY STATE? I bet she has nothing to pay a judgement and while I do have uninsured motorist its not a lot. Is there anyway to tell if she had other insurance? I have tried calling the Dept of Insurance but have been told there is no way to see if she or the vehicle has insurance. I know there is no lien on the vehicle but having insurance is not priority to her anyway.
Also, the owner of the car also go a letter from his insurance company offering twice as much as the NADA. He received a voice mail a day letter saying they were incorrect in the amount of the offer going against his collision and give him a correct figure in line with NADA. He has an offer in writing and a verbal retraction. He totally confused and could use some advice. I still haven't been able to contact a local attorney with license to practice in Texas. I assume it would be best to have an attorney from the area where the accident occurred but how does one do all of this over the phone. Any advice?
I don't know what NO PAY NO PLAY means. Sorry. Believe me, once you sue this person (which is what you will need to do), if they have insurance, you will know about it. But, there is no way to tell if they have insurance with a different company. As far as the offer, they simply made a mistake. No insurance company is going to offer more than the actual cash value for the vehicle. Remember, the insurance adjuster is a human being, and makes mistakes, just like you do. Also, you should probably UP your insurance coverage. Now you understand that it does not pay to have low liability or uninusred motorist coverage. In TX, 16-25 of drivers are uninsured. In LA, 5-10% are.
 

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