Jump to content
Sign in to follow this  
teas1127

Car Accident

Recommended Posts

I am living in the state of Georgia and was in a accident. What happened was another driver was making a left hand turn out of a gas station and he hit my car as I was driving and merging into a turn lane as I was coming up to an intersection. The other driver was ticketed for failure to yield the right of way. I was also ticked for crossing into a medium, My ticket was tossed out. The other driver did not show up to court was given a bench warrant which he paid along with the ticket he received. He was at my trial and at that time he was told by the court that he was at fault for the accident. The Insurance company still will not pay for the accident. I can not find the other person because he has moved. I am trying to take the insurance company to court for negligence because they knew from the police report and the trial notes from my trial that the person insured by them caused the accident. Are there any court cases that I can look up to help me with my case.

Share this post


Link to post
Share on other sites

teas1127 said...

I am trying to take the insurance company to court for negligence because they knew from the police report and the trial notes from my trial that the person insured by them caused the accident.

I'm not sure what "trying to take . . . to court" means. Either you've sued or you haven't.

If you have sued the other driver's insurer on this basis, you can expect the suit to be dismissed very quickly. If you haven't yet sued, don't.

Your recourse is against the other driver, not his insurer. The other driver's insurer owes you no duty, and its refusal to pay is not negligent. The court that adjudicated your traffic matter had no jurisdiction over the other driver (or his insurer), and any comment by the judge regarding liability is no more relevant than a comment by your neighbor or co-worker. "Fault" for the accident was not an issue in that case. The only issue was whether you violated the statute for which you were cited (i.e., "crossing into a [median]"). Neither the other driver nor his insurer nor any judge or jury in a case filed by you against the other driver is bound to accept anyone else's opinion about liability.

If you have your own liability coverage, the smart thing to do would be to make a claim against your own policy and let your own insurer chase down the other driver and his insurer for reimbursement (including your deductible). If you don't have such coverage, then your only recourse is to sue the other driver, which will necessitate efforts to track him down.

Share this post


Link to post
Share on other sites

teas1127 said...

The Insurance company still will not pay for the accident.

It doesn't have to pay you until such time as the other driver is sued and a court renders a judgment in your favor for the damages you sustained.

teas1127 said...

I am trying to take the insurance company to court for negligence because they knew from the police report and the trial notes from my trial that the person insured by them caused the accident.

You cannot sue the insurance company. It has no duty to you because you are not the one that has the contract with the insurance company. There is therefore negligence for which you can sue. Your remedies are either file a claim with your insurance company (if you bought insurance that covers this) or to sue the other driver.

Share this post


Link to post
Share on other sites

Naturally, you're free to sue anyone for anything, but unless the person that hit you was operating a bus or, say, a truck hauling goods/property, you've no way to successfully sue the insurer directly. (That's the only scenario I know of where you could sue the insurer in a direct action in GA.)

Share this post


Link to post
Share on other sites

She was issued a ticket for starting a Michigan left turn, and changing her mind to re enter the flow of traffic, at that time she hit my car.

She is fighting the citatation and has fled against my insurance claiming it was my drivers fault.

What is my recourse, court is Monday 10-24-2011

Share this post


Link to post
Share on other sites
Guest FindLaw_Amir

teas1127 said...

Are there any court cases that I can look up to help me with my case.

Did you resolve this issue?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...