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    what can i do's Avatar
    what can i do Posts: 3, Reputation: 1
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    #1

    Jun 17, 2008, 08:44 AM
    I was driving someone else's vehicle with out insurance am I at fault
    I Am In Broward Florida And I Was Driving My Fiancés Mini-van He Doesn't Have Insurance I Was Completely Stopped At A Red Light For A Bridge To Go Up And Down So The Boats Can Go Through Then A Lady Hit Me From Behind I Did Injure My Neck And Knees My Attorney Says Even Though It Was The Ladys Fault And She Has Insurance That I Would Have To Sue My Fiancé First Then Possibly Her Is There Any Other Way That I Can Go After Her Or Her Insurance Company He Said That The Only Other Way Is Small Claims But That We Would Have To Pay Out Of Pocket And We Don't Have The Money And I Don't Know All The Steps Anyway... oh Yeah I Was On My Way To Eat For Lunch Break And Cannot Work Because Of This Someone Please Help She Says Its My Fault My Attorney Has Pictures Of The Accident And Her Vehicle Was Crashed Into Mine Her Car Was Behind Mine
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 17, 2008, 08:48 AM
    You were stopped at a red light for a bridge to go up and she hit you from behind so how can she possibly claim you were the one at fault? She is trying to intimidate you.
    Sue through your fiancé like your attorney said. Her insurance should likely be responsible for your hospital bill and lost wages.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 18, 2008, 07:18 AM
    Hello what:

    I'm not a lawyer - not even close... But, I don't agree with what your lawyer told you. I think you can sue this lady DIRECTLY, and I would.

    As a matter of fact, I can't believe a lawyer would tell you that. What, did your fiancé DO to cause him to be sued?? Nope, you're lawyer's all wet.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 18, 2008, 07:24 AM
    You need another attorney. It's a generally held principle that in a rear end collision, the person in the rear is at fault. The fact that you were stopped for a drawbridge makes this open and shut.

    Get a new lawyer and sue the woman and her insurance company. Your boyfriend has nothing to do with this. If you were a passenger in his car it would be the same. I really find it unfathomable that an attorney would give you that advice since its so worng.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 18, 2008, 07:30 AM
    Quote Originally Posted by what can i do
    I Am In Broward Florida And I Was Driving My Fiances Mini-van He Doesnt Have Insurance I Was Completely Stopped At A Red Light For A Bridge To Go Up And Down So The Boats Can Go Through Then A Lady Hit Me From Behind I Did Injure My Neck And Knees My Attorney Says Even Though It Was The Ladys Fault And She Has Insurance That I Would Have To Sue My Fiance First Then Possibly Her Is There Any Other Way That I Can Go After Her Or Her Insurance Company He Said That The Only Other Way Is Small Claims But That We Would Have To Pay Out Of Pocket And We Dont Have The Money And I Dont Know All The Steps Anyway ...oh Yeah I Was On My Way To Eat For Lunch Break And Cannot Work Because Of This Someone Please Help She Says Its My Fault My Attorney Has Pictures Of The Accident And Her Vehicle Was Crashed Into Mine Her Car Was Behind Mine

    Bad legal advice - you have a cause for YOUR INJURIES directly against the other woman and her insurance company. Damages to the van are your fiance's claim directly against the other driver.

    If what you have posted is 100% accurate you have no fault in the accident.
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