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chontez
Mar 2, 2013, 09:29 AM
I was involved in a auto accident. Someone hit my car, but the police ruled it at my fault unfortunately. No serious emergency injuries occurred at the scene. I did suffer some like cervical spine and neck sprain and strains, and have to go to physical therapy. Everything else was just in pain. I have insurance for personal property, comprehension, everything else except bodily injury. She was not injured at all she was trying to fight me. So she is trying to get over by seeking a attorney. What do I do? I am a young mother also a freshman college student who has barely a part time job. Can she sue me and I will be in debt, or will I have to file bankruptcy.

tickle
Mar 2, 2013, 09:58 AM
Why is she trying to 'fight' you if you were responsible and not she? This doesn't make sense. Is she saying she was injured, in that the point ?

The police at an accident scene make a point of asking each party if they were injured, and what both of you say goes on the incident report. If she said at the time she wasn't, then that is on the police report and she can't come back at you for bodily injury.

joypulv
Mar 2, 2013, 10:21 AM
'I have insurance for personal property, comprehension, everything else except bodily injury.'

I doubt this very much. Bodily injury is required in most states, whereas comprehensive (not comprehension) is not. You may have just the minimum bodily injury, and she wants more. There is no such thing as 'personal property' coverage (except what comes under comprehensive). There's personal injury, and there's property damage, and that's for the other person.

Contact your insurer. It's their job to handle lawsuits.
Tell us what you have for a car and what coverage you have. It sounds all wrong. Some not enough, some too much.

dontknownuthin
Mar 2, 2013, 10:44 AM
First, I agree you probably must have full coverage for bodily injury for yourself and other drivers given the other coverages you have. You have to carry coverage for liability to the other party - both bodily injury and property damage (such as their car). So, give your medical providers your auto insurance card information so they can attempt to bill for the charges.

As for the other driver, let your insurance handle it. She can sue if she likes but she would not sue you personally - she would sue your insurance company. If she calls, tell her to call your insurance company and don't get into it. After you tell her to call your insurance company, hang up the phone.

AK lawyer
Mar 2, 2013, 11:08 AM
... She can sue if she likes but she would not sue you personally - she would sue your insurance company. ...

No. She would sue OP. When OP is served with process, notify the insurance company, which will defend the suit and pay any resulting judgment (up to the policy limits).

The insurance company should be notified promptly of the accident. The other party should make a demand on the insurance company and, if the insurer and the other party don't settle, then, and only then, will it be necessary to sue.

Mcsap9213
Mar 2, 2013, 11:30 AM
Police don't determine fault , they determine who committed any traffic violations that caused or contributed to the crash. It may seem like a play on words but insurance companies will determine who is at fault and how much ( in percentages) they are willing to accept responsibility for.

If you just blew a stop sign and broadsided someone else , that one is pretty easy. It is not uncommon for violations to have been committed on both sides. You may have blown the stop sign while the other driver had expired license plates. That wouldn't change what you did but your insurance company would probably pay a lesser amount to the other driver as they were driving " illegally."

joypulv
Mar 2, 2013, 11:42 AM
'you probably must have full coverage for bodily injury for yourself and other drivers'

Bodily injury by definition is for other persons.
PIP - personal injury protection - is for yourself.
Full coverage isn't a meaningful term for bodily injury. It's sold in increments, and in states where it is required, a minimum amount is all that is required.

chontez
Mar 2, 2013, 09:13 PM
I have Personal injury protection, property damage liability, comprehension, collision, and towing and rental. I have peach tree casualty insurance and the claim rep is really rude. He told me you do not have bodily injury liability and she has seek and attorney and she is suing you.A attorney Farrah and Farrah sent me a paper in the mail. I have had a neck brace for a week, and my primary doctor says I will never stop being strained because I work on the cash register and doing heavy duty work, I am my only support system so I have to go to work. Today at work I saw her in the store and she lifted a 20 lb. bag of sugar and put it in the car. My job is going to let me get the film, also should I seek an investigator for further evidence she is not injured and trying to get over?

Mcsap9213
Mar 2, 2013, 09:15 PM
There isn't anything you need to do until she gets an attorney AND she actually files a suit. She may get an attorney who tells her she has no case.

teacherjenn4
Mar 2, 2013, 09:16 PM
I have Personal injury protection, property damage liability, comprehension, collision, and towing and rental. I have peach tree casualty insurance and the OP is really rude. He told me you do not have bodily injury liability and she has seek and attorney. I have had a neck brace for a week, and my primary doctor says I will never stop being strained because I work on the cash register, I am my only support system so I have to go to work. Today at work I saw her in the store and she lifted up a 20 lb. bag of sugar and put it in the car. My job is going to let me get the film, also should I seek an investigator for futher evidence she is not injured and trying to get over?

Just a bit of info: you are the OP. OP means original poster because you posted the question on this site.

joypulv
Mar 3, 2013, 04:56 AM
Your insurance coverage is all wrong. Bodily injury is the ONE coverage you want the most because it covers OTHER PEOPLE. Comprehensive is the most expensive, and I never buy it, because I never have a new car. Go to a local agent and discuss this or look online for sites that help you know what is best for you, your income and assets, and the car you have. I pay less than $300 a YEAR for car insurance.

joypulv
Mar 3, 2013, 05:11 AM
OK, I find that Farrah and Farrah are in FL, so if you are too, you are not required to have bodily injury. The most commonly selected coverage, however, according to Allstate, is 100,000/300,000 per person/per accident. So why you selected all the towing and rental and so on, but no bodily injury, just makes no sense.
I'm very sorry this all happened, that you are hurt (you do have coverage for that!), that she isn't, and that she says she is going to sue. I am glad that your employer is going to keep the video tape of her lifting 20 lbs. Hope it helps.

chontez
Mar 3, 2013, 07:09 PM
The salesman at the dealer ship, choose my insurance.

AK lawyer
Mar 4, 2013, 06:13 PM
I have Personal injury protection, property damage liability, comprehension, collision, and towing and rental. I have peach tree casualty insurance and the claim rep is really rude. He told me you do not have bodily injury liability and she has seek and attorney and she is suing you. ...

I have never heard of auto insurance which doesn't require the insurance company to pay your lawyer.

What did the Peach Tree Insurance claim representative tell you? Because I cannot understand that part.

I think you are getting confused with the terminology. If you have collision coverage, damage incurred by the other driver, including damage to the vehicle as well as personal injury, would be covered. The suggestion that you are covered against liability for injury to the vehicle but not for bodily injury is absurd.
If you cannot read your policy, take it to an attorney, who should be able to easily determine if I am correct or not.

chontez
Mar 5, 2013, 05:58 AM
I have never heard of auto insurance which doesn't require the insurance company to pay your lawyer.

What did the Peach Tree Insurance claim representative tell you? Because I cannot understand that part.

I think you are getting confused with the terminology. If you have collision coverage, damage incurred by the other driver, including damage to the vehicle as well as personal injury, would be covered. The suggestion that you are covered against liability for injury to the vehicle but not for bodily injury is absurd.
If you cannot read your policy, take it to an attorney, who should be able to easily determine if I am correct or not.

Peachtree just told me well when you get a lawyer give him my information. They really sucks

joypulv
Mar 5, 2013, 06:14 AM
Peachtree has a legal obligation to deal with a lawsuit, WHEN and IF it happens.
You need to take some responsibility for your life, and not let car salesmen choose insurance for you, and not understand insurance, and know how to deal with accidents.
PLEASE copy each coverage you have, and the dollar limits (two numbers) here, or I'm out of here. I keep trying to help and you aren't helping back.

chontez
Mar 5, 2013, 06:57 AM
Personal injury protection limits10,000 deductible 1,000. Property damage liability 10,000. Decutible -. Comprehensive and collision 500. Reject bodily injury liability, uninsured motorist. I told the salesman I wanted reasonable and full coverage insurance. And he chose without asking.

joypulv
Mar 5, 2013, 07:12 AM
'Comprehensive and collision 500? '
Anyway, you turned down bodily injury. Most states I know of require it. Your state doesn't.
The salesman was obviously just guessing and had no clue.
But it's not his fault. It's not his job. It's yours. Sorry
Hopefully she won't sue, and hopefully you will change your coverage. 'Reasonable' is largely what is appropriate on a person by person basis. 'Full' is not really meaningful, because limits can go really high and unless you are a billionaire, you don't go that high.
Go talk to a local agent, and learn what each one means. Yes, it will cost a bit more than Peachtree or any online company.
You can find sites that help you decide what you need online/

tickle
Mar 5, 2013, 07:22 AM
'Comprehensive and collision 500??'
Anyway, you turned down bodily injury. Most states I know of require it. Your state doesn't.
The salesman was obviously just guessing and had no clue.
But it's not his fault. It's not his job. It's yours. Sorry
Hopefully she won't sue, and hopefully you will change your coverage. 'Reasonable' is largely what is appropriate on a person by person basis. 'Full' is not really meaningful, because limits can go really high and unless you are a billionaire, you don't go that high.
Go talk to a local agent, and learn what each one means. Yes, it will cost a bit more than Peachtree or any online company.
You can find sites that help you decide what you need online/

Usually comprehensive is 250, but you pay more for lower; 500 deductible for collision is normal and at the 'just' affordable end.

Agree picking the insurance was not salesman's pervue. Ths would have been better accomplished with insurance agent. And if you needed the insurance to drive off the lot, then could have been done before hand to 'hold covered'.

Now get through this and have your insurance prepared properly.

chontez
Mar 5, 2013, 09:25 AM
Usually comprehensive is 250, but you pay more for lower; 500 deductible for collision is normal and at the 'just' affordable end.

Agree picking the insurance was not salesman's pervue. Ths would have been better accomplished with insurance agent. And if you needed the insurance to drive off the lot, then could have been done before hand to 'hold covered'.

Now get through this and have your insurance prepared properly.

Okay so I need a attorney? And would it be better to hire a private investigator for more evidence. Than my video. And I'm switching to progressive after this with bodily liability of course. . And thank u so much.

excon
Mar 5, 2013, 09:44 AM
Hello c:

Way up at the top of this thread, you said somebody HIT your car, and you may not have been sure if it was your fault. You SAY your police report says YOU'RE guilty, but you didn't say anything about a ticket.. If you violated an infraction, you would have gotten a ticket.

Then the discussion ensued as though you were at fault.

I'm NOT sure you are. Yes, hire a lawyer. You may be the one who does the suing here. Very likely, you won't have to PAY your attorney unless you win. If you need more evidence than you have, let HIM make that decision.

excon

chontez
Apr 3, 2013, 07:25 PM
I finally got a attorney a very good one too. He told me that should could not sue me just because I did not have Bodily Injury Protection, I don't have any personal assets. Maybe I can sue. But we are definitely working to fight the ticket.

ScottGem
Apr 4, 2013, 03:20 AM
I finally got a attorney a very good one too. He told me that should could not sue me just because I did not have Bodily Injury Protection, I don't have any personal assets. Maybe I can sue. But we are definitely working to fight the ticket. !

I assume you meant the other driver could not sue. But I question that. A person involved in an accident can certainly sue the other party. Doesn't matter if they have insurance coverage or not.

Fr_Chuck
Apr 4, 2013, 03:47 AM
Of course the other person can sue you, and if you have car insurance Liability coverage is what they get paid under and it is a required coverage. So you will have it. Bodily Injury is something different. If your attorney does not know the difference being liability coverage and bidily injury, get a new attorney, if your attorney said they can not sue you, get a new attorney, since anyone can sue anybody.

Next if they sue and win, you turn it over to insurance and they pay the claim up to the max coverage you have per accident

You need to let your insurance handle any claims against you from another person

chontez
Apr 4, 2013, 06:53 AM
The insurance adjuster is unhelpful he said "well she is saying she's injured we have nothing to do with since you don't have Bodily Injury Liability coverage. I suggest you get a attorney have your attorney to give me a call when you seek one!"

ScottGem
Apr 4, 2013, 09:53 AM
You seem to be making bad choices in insurance carriers and attorneys. Most insurance policies will provide you with an attorney to represent you even if the coverage will not pay an award. So it sounds like the adjuster was just blowing you off so they wouldn't have to use an attorney.

You should read your policy. If you have Liability coverage (which is usually mandated by state law) it should cover injuries to the other party. Maybe your attorney meant that your insurance wouldn't cover you, not that they couldn't sue.

JudyKayTee
Apr 4, 2013, 10:26 AM
I suspect that the insurance adjuster has gone around and around with this accident and has given up trying to explain rights/benefits/liability, is saying "Have your Attorney call me" in order to explain the situation once and have it understood.

More importantly anyone can sue anyone at any time for just about anything - it's winning and collecting that becomes a problem.

I'd like to know the circumstances of the accident.

I'm an investigator in NY.

chontez
Apr 4, 2013, 01:10 PM
The incident: 2 lines going southbound, 2 going northward bound. Me at the stop sign on the right closer to the cars going north. The light for the 4 lines was changing from green to yellow to red. She was behind a bus and the bus was coming to a stop, and she went around in the other lane to try to catch the light. And she hit me at the driver front left side before I fully turned

ScottGem
Apr 4, 2013, 01:22 PM
The incident: 2 lines going southbound, 2 going northward bound. Me at the stop sign on the right closer to the cars going north. The light for the 4 lines was changing from green to yellow to red. She was behind a bus and the bus was coming to a stop, and she went around in the other lane to try to catch the light. And she hit me at the driver front left side before I fully turned

Need more. Were you going south or north? If you were on the right, how could be closer to the northbound? Were you making a turn? From where were you making the turn? Was she passing the bus on the right or left?

If she hit you on the driver's side you must have turned in front of her.

tickle
Apr 4, 2013, 02:00 PM
Probably more going on here then meets the eye. OP maybe is not able to read english properly, therefore signs are difficult, and probably not able to read her policy... just a thought. This does not make a lot of sense.

She may have been taken advantage of here by the attorney she hired.

Just some thoughts.

chontez
Apr 4, 2013, 07:46 PM
I was closer to the cars going north. And I was turning to go south. The bus was in the lane closer to mean father right. So she pass the bus by going in the northward left lane.

JudyKayTee
Apr 4, 2013, 08:26 PM
"i was closer to the cars going north. and i was turning to go south. the bus was in the lane closer to mean father right. so she pass the bus by going in the northward left lane."

If you were traveling South, closer to the cars going North, you were in the passing Northbound lane. You couldn't have turned to go south. You were already going South.

If you were Northbound and turned to go South you would have been making a u-turn.

If you were South and turning left you would have been turning to go East; if you were Northbound and turning right you would have been turning West.

If you were Northbound and turned left, that would be Westbound. If you were Northbound and turned right you would be Eastbound.

The car crossed into oncoming traffic and hit you?

ScottGem
Apr 5, 2013, 03:15 AM
OK, let me see if I can decipher this. You were EAST bound on a cross street. So you were crossing the northbound lanes to turn left onto the southbound lanes. You saw the bus coming to a stop, but didn't see the car behind it trying to beat the light. So you jumped the light to make the turn. That's the only way I can see you being hit.

Accident was mostly your fault because you jumped the light. Where there cars on your street going westbound?

JudyKayTee
Apr 5, 2013, 07:24 AM
I do this for a living - and now I’m confused.

If OP is Eastbound and pulling into intersection she crosses the Southbound lane first, then the Northbound lane. If she turns right she pulls into Southbound lanes; if she turns left she crosses Southbound lanes into Northbound lanes.

She doesn’t cross Northbound lanes to travel South. It’s a “simple” right-hand turn.

If she wants to travel North, then she crosses the Southbound lanes when she makes her left-hand turn to go North.

I have no opinion until the directions get sorted out.

ScottGem
Apr 5, 2013, 01:18 PM
Whoops got that mixed up. You are right if they were closer to the northbound and making a turn onto southbound then they would have been heading westbound not east.

In any case it appears they were making a left hand turn into the south bound lanes, which means they crossed the path of the driver that hit them. So unless that driver ran a solid red light they are at fault.

JudyKayTee
Apr 5, 2013, 04:58 PM
I hope OP comes back - I don't know if I understand traffic flow at the time of the accident.

chontez
Jun 22, 2013, 01:51 PM
Well I finely got good reliable insurance State farm. The outcome of this accident was I only had the options to take the class for my ticket, or pay for my ticket. They could not sue I was covered and also I don't have any assets.

JudyKayTee
Jun 23, 2013, 06:56 AM
You totally misunderstand how accidents/insurance work - you can be sued if you have nothing and the other party can win and spend at least 10 years trying to collect.