• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Accident Today

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

gtzdad

Member
What State are you in? Texas

I was driving in the passing lane travelling northbound on hwy 288 in Texas. There are two lanes, and a few spots have merge lanes on both side of the highway. As I was travelling, I noticed this girl in my rear view tailgating me very close. I drive a 2006 Mustang, and she drives a dodge caliber...she was so close I could barely see her headlights.

I couldn't move over to allow her to pass, as the slow lane was clogged with people, just as the fast lane was and I was travelling roughly 70mph. We came along the spot where there was a merge lane to my left (left of the passing lane) and she attempted to pass me using that lane but there were cars that had just turned trying to pick up speed to they could merge, she immediately slammed on her brakes, swerved all the way across to the slow lane from the merge lane, tailgated them for a few seconds, realized that they were moving slower than the fast lane and swerved back into the fast lane.

By this time I was braking for two reasons, to allow someone to enter traffic from the merge lane, and to begin trying to merge with the slow lane traffic to take an exit. This girl swerved around me and tried to pass me on the median which is just a grass field about 80 ft wide separating the North and Southbound lanes, lost control, then she slammed into my door about midway, caused me to spin out and lose control, and after spinning twice, I came to rest roughly halfway in the median. She landed on the opposite side of the highway.

She admitted this to the police, but since they didn't see it personally she wasn't cited for reckless driving, only for failure to control speed/accident. I recently had my tonsils removed last Monday, and now the pain is becoming greater than it was before the accident...maybe due to the stress. I am also having a lot of back spasms right now and I'm very angry with this girl as to how this accident happened.

She told the officer that she wasn't in a rush for an emergency; she just wanted to hurry up and get to where she was going. She could've killed not only me or herself, but the highway was FULL of traffic...there could be a lot injured or dead people because of this STUPID act! I want to sue her, and I was told that I could, but I'm not sure what grounds I could sue under as this is my first accident.

The only terms that come to mind are reckless endangerment, negligence...something along those lines. She did have insurance too. I'm just wondering what my choices are in the matter.

Thanks for your help.
 


ecmst12

Senior Member
You can claim your property damage from her insurance. If you are injured, you can claim for that too but you must be diagnosed and treated by a doctor in order to substantiate an injury claim.

You might want to find out if there is a police hotline (other then 911) in your area specifically to report aggressive drivers. If you'd reported her when you first noticed her driving recklessly, she might have gotten pulled over before she had the chance to cause the accident.

You can't sue her just for ruining your day though. You are going to have to settle for claiming your damages from her insurance - a lawsuit would only be if you are unable to get a satisfactory outcome from them. But don't expect to get more then your actual property damage from them. If you file an injury claim and have a documented injury, you can get a little bit for pain and suffering in addition to medical bills, but don't expect much because any injuries you have sound pretty minor and temporary. Try to get over the anger, at least she has insurance.
 

gtzdad

Member
You can claim your property damage from her insurance. If you are injured, you can claim for that too but you must be diagnosed and treated by a doctor in order to substantiate an injury claim.

You might want to find out if there is a police hotline (other then 911) in your area specifically to report aggressive drivers. If you'd reported her when you first noticed her driving recklessly, she might have gotten pulled over before she had the chance to cause the accident.

You can't sue her just for ruining your day though. You are going to have to settle for claiming your damages from her insurance - a lawsuit would only be if you are unable to get a satisfactory outcome from them. But don't expect to get more then your actual property damage from them. If you file an injury claim and have a documented injury, you can get a little bit for pain and suffering in addition to medical bills, but don't expect much because any injuries you have sound pretty minor and temporary. Try to get over the anger, at least she has insurance.

Thank you very much. After sleeping over things, and reading over what you've said here, I have a refined perspective. Again, thank you.
 

gtzdad

Member
I posted about 2 weeks ago concerning an accident where the other person was at fault.

Since the accident, the work hasn't started on my car, I can't get the Allstate Rep to call me back (Allstate is her company) and everytime I call and speak to someone, they give me different stories about the status of my claim.

Today I found out that my claim is still in the "liabilty" phase, and I told the rep that I spoke with that I wasn't the one that was cited, and that they had spoken with their insured and she verified that she was at fault. (Which the rep also verified). She said that I was supposed to give a recorded statement and hadn't done so. I explained that between my wife and I, we had left the guy handling our claim 4 separate messages because I have to get a rental and haven't been able to do so because they're dragging their feet, and he's not telling me what I need to do.

Finally, I just told her that if this was the way that they are going to conduct business (I.e. Not returning calls, I'm the one that has to call for updates, the claim rep isn't accessible) I'd rather hire an attorney.

Do you think that's the better idea consiering the circumstances?
 

ecmst12

Senior Member
If there is no injury claim, then a lawyer will only take money out of your pocket that you need for repairs. Claim on your own insurance and let them worry about collecting from the at fault party.
 

gtzdad

Member
Thanks folks. I ended up filing the claim through my insurance and they started fixing my car. However, her insurance agent called me yesterday and told me that she has 10 days to respond to their letter or she's going to lose her coverage and be held liable for the damages, which means it'll become an uninsured claim. (I'm sure you already know that)

I never knew that this process could be so complicated! :mad:

I guess it is what it is...again, thank you all! :D
 

dasaniaddict

Junior Member
Not complicated

It really isn't that complicated, it is only that you were not informed to work with your insurance company if hers wasn't getting things done.

It is too bad that you did not know that beforehand; so many people are unaware of how the claims process works.

Good Luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top