Ask Me Help Desk - Car accident not at fault

Hello I need advise please. I was involved ina car accident 2 months ago. It was not my fault . On the day of the accident I had my 22 month old son with me t,he paramedics arrive but I refuse to go to the hospital because I didn't have any insurance. Also I had just purchased that car and I was saving money to register it and buy insurance. So there I didn't have insurance the police report states that it was not my fault. I was 12 weeks pregnant and later on that day I went to the emergency because my abdomen was hurting. 2 months later my license got suspended the insurance company from the guilty party told me that they were only going to pay for the medical bills. My car got auction because I didn't have the money to take it out of the storage or to fix it. Im so desperate because I don't have a car a license and haven't heard anything from the insurance company from the other party ,what can I do?:, is it worth it to hire a lawyer. Please I need advise:

You can get a lawyer who should take the case on a contingency basis. This means that if he succeeds in getting a settlement from the other insurance carrier, then he will take a percentage (usally 1/3) off the top plus expenses.

Although it is not a good thing that you had no insurance, it doesn't change the fact that the other party was at fault.

If you are not in a no-fault state you may be able to collect on the personal injury but very doubtful that you will collect on the vehicle. You need to write this off as an awfully expensive lesson. People do this all the time with the thinking that they will drive "real careful" and not get in an accident. You do not have control over someone else driving carelessly and hitting you.

If you call/visit a lawyer they will ask your accounting of the accident and then probably review the accidents documentation and decide whether they will take the case. If you have a good case and they determine that they may be able to win a settlement they may take the case, but if it is small beans or it will be hard to prove then they probably won't bother with it.

If all you are concerned about is the medical bills they have already agreed to pay those, so present them the bills and get on with your life.

If you have ongoing injuries from the accident you may want to talk to a lawyer. It does not cost you anything to call/visit the lawyer, and if they do take on your case it will not cost you anything either. The lawyer should work on "contingency" which just means if they don't win or get you a settlement they don't get paid either. If they do win the case or get a settlement they will take 1/3 of the settlement, they will deal with all the bills incurred (i.e. pay them) and then you will get what is left.

Just be aware, because you were in violation of the law at the time of the accident you may not be able to collect at all. Your lawyer will be able to advise you concerning that. An example of this would be if someone is driving drunk and is driving down the road and gets hit by someone running a red light. Chances are pretty much, slim to none that he will collect and more often then not, he will end up paying for the accident even though he was the victim. He may also have a clause stating the insurance company is not responsible if he is driving under the influence which puts it all on him. All because he was in violation of the law at the time of the accident. It goes like this "if he was not violating the law and driving drunk, he would not have been there at that time and the accident would not have happened".

Hopefully you learned a valuable lesson because its people like you that drive "WITHOUT" insurance that raises the rates for all us who drive "WITH" insurance.

Quote:

Originally Posted by ddollinger

If you are not in a no-fault state you may be able to collect on the personal injury but very doubtful that you will collect on the vehicle. You need to write this off as an awfully expensive lesson. People do this all the time with the thinking that they will drive "real careful" and not get in an accident. You do not have control over someone else driving carelessly and hitting you.

If you call/visit a lawyer they will ask your accounting of the accident and then probably review the accidents documentation and decide whether or not they will take the case. If you have a good case and they determine that they may be able to win a settlement they may take the case, but if it is small beans or it will be hard to prove then they probably won't bother with it.

If all you are concerned about is the medical bills they have already agreed to pay those, so present them the bills and get on with your life.

If you have ongoing injuries from the accident you may want to talk to a lawyer. It does not cost you anything to call/visit the lawyer, and if they do take on your case it will not cost you anything either. The lawyer should work on "contingency" which just means if they don't win or get you a settlement they don't get paid either. If they do win the case or get a settlement they will take 1/3 of the settlement, they will deal with all the bills incurred (i.e., pay them) and then you will get what is left.

Just be aware, because you were in violation of the law at the time of the accident you may not be able to collect at all. Your lawyer will be able to advise you concerning that. An example of this would be if someone is driving drunk and is driving down the road and gets hit by someone running a red light. Chances are pretty much, slim to none that he will collect and more often then not, he will end up paying for the accident even though he was the victim. He may also have a clause stating the insurance company is not responsible if he is driving under the influence which puts it all on him. All because he was in violation of the law at the time of the accident. It goes like this "if he was not violating the law and driving drunk, he would not have been there at that time and the accident would not have happened".

Hopefully you learned a valuable lesson because its people like you that drive "WITHOUT" insurance that raises the rates for all us who drive "WITH" insurance.

What State are you in? The "because you were in violation of the law at the time of the accident" "rule" is totally foreign to me - in NYS the condition or situation of the parties does not determine who is responsible for the accident. The circumstances of the accident itself determine fault. Of course, in the example you used if the intoxicated driver by reason of intoxication made no attempt to avoid the accident, then he/she is partially at fault but not to the extent where he/she cannot collect for injuries.

I have never heard/seen the "if he was not violating the law and driving drunk he would not have bene there at that time and the accident would not have happened" thinking before. I've seen the "what if" defense disallowed so I am curious as to your State and experience.

No Fault benefits are paid by the insurance carrier for each vehicle owner. So since you did not have insurance, then you cannot collect no-fault benefits. Doesn't matter what state you live in.

Quote:

Originally Posted by moix4

No Fault benefits are paid by the insurance carrier for each vehicle owner. So since you did not have insurance, then you cannot collect no-fault benefits. Doesn't matter what state you live in.

It does matter what State the OP is in when you talk about no fault - there are only 12 no fault States: DC, FLorida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, N Dakota, Pennsylvania and Utah.

The rest are mix and match or "straight" liability.

The OP will have to go to Small Claims in order to collect for her damages if she can prove fault on the part of the other driver whether she's in a no fault State or not.

I do not believe no fault precludes you from filing in Small Claims Court if you are driving uninsured. It would then be up to the Judge who may or may not tell the OP she should not have been driving but I don't see no insurance as the proximate cause of the accident.