What is the name of your state (only U.S. law)? Georgia
I have this PI case I've been working on that has been bugging me for months in the liability area. My clients were going northbound on a highway that had two lanes in each direction. They were in the right lane going uphill around a blind spot bend. The speed limit is 55. As they were trying to pull into a clear area in the shoulder with their hazard lights on, a car from the left lane hits them on the rear driver side quarter panel.
When the police arrive they cite my client with obstructing the flow of traffic / impeding traffic. They gave no ticket to the man who struck my client. I felt that the ticket he should have got would have been improper lane change and failure to yield.
My big dilemma is that the insurance company is denying the claim saying that they had ran out of gas and were in the middle of the road with no hazards on at all. However I was a witness to the incident and they did have their hazards on.
So how should I approach the liability issue?
I have this PI case I've been working on that has been bugging me for months in the liability area. My clients were going northbound on a highway that had two lanes in each direction. They were in the right lane going uphill around a blind spot bend. The speed limit is 55. As they were trying to pull into a clear area in the shoulder with their hazard lights on, a car from the left lane hits them on the rear driver side quarter panel.
When the police arrive they cite my client with obstructing the flow of traffic / impeding traffic. They gave no ticket to the man who struck my client. I felt that the ticket he should have got would have been improper lane change and failure to yield.
My big dilemma is that the insurance company is denying the claim saying that they had ran out of gas and were in the middle of the road with no hazards on at all. However I was a witness to the incident and they did have their hazards on.
So how should I approach the liability issue?