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#1 motherof3_3890

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Posted 14 January 2013 - 01:39 PM

My son was driving his car it was foggy, he came up n a red light, so he slowed down, then it turned green so he accelerated, well when he did that a women apparently ran the stoplight and he didn't see her until she was right in front of him so he hit her and when the cop arrived he ended up citing her for failure to obey traffic signals. My son had 3 passengers in his vehicle they got jarred up but just that no one went to hospital until after the lady he hit went. My question is since her insurance company called me they are investigating it and said they would get back to me and let me know their findings on fault. If the insurance company says their client is not at fault even though she was cited by the officer, will it end up a no fault and I have to get a lawyer? Thanks

#2 Guest_FindLaw_Amir_*

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Posted 14 January 2013 - 01:49 PM

You may visit the Accidents and Injuries Center: Car Accidents and read Fault and Liability for Motor Vehicle Accidents as a good resource to learn more about this subject matter. If the insurance company is not willing to address your concerns, then you may wish to consult with a local Car Accidents Lawyer to advise your son of his rights and how to proceed.

#3 pg1067

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Posted 14 January 2013 - 02:04 PM

they got jarred up but just that no one went to hospital until after the lady he hit went.


Huh?


her insurance company called me they are investigating it and said they would get back to me and let me know their findings on fault. If the insurance company says their client is not at fault even though she was cited by the officer, will it end up a no fault and I have to get a lawyer?


I'm not sure what you mean by this. I'm assuming that your primary concern is getting the damage to your vehicle fixed. If you carry collision coverage on your own auto policy, then you can have the damage fixed through your own insurer (less the cost of your deductible, of course), who will seek reimbursement from the other driver's insurer or the other driver (as part of that process, your insurer likely will also seek to recover your deductible). If you don't have collision coverage, and if the other driver's insurer does not accept full liability, then you'll have no choice but to sue the other driver. Whether it will be advisable to get a lawyer for that depends on the extent of the damage. It's certainly possible you could do it yourself in small claims court. The other possibility is that you live in a "no fault state." If so, then the rules may be very different, and I'm not well-versed in how "no fault insurance" works.

#4 motherof3_3890

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Posted 14 January 2013 - 02:22 PM

I was told by a local garage that my sons car was totaled. My son carried liability only and so did the woman that he hit. My biggest concern is what are the odds of having to go to Court if her insurance company does not except fault even with their client being ticketed. My son is to leave for the Marines in June and I'm hoping this is not going to drag on. Didn't know if anyone had this happen to them before. And I live in Virginia and its a sue happy state :( thanks and hope I'm not being confusing.

#5 pg1067

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Posted 15 January 2013 - 07:24 AM

If the other driver's insurer does not accept liability, his only option will be to sue the other driver.

#6 adjusterjack

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Posted 15 January 2013 - 08:00 AM

what are the odds of having to go to Court if her insurance company does not except fault


If the other driver's insurance company doesn't pay the claim, your son will have to sue the driver.

Once that happens it's possible that the insurance company will settle out of court.

It that doesn't happen, it goes to trial.

Has your son been in touch with the other driver's insurance company?

With what result?

Are you sure you aren't just anticipating trouble where their might not be any?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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