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-   -   What are my rights as the victum in a car wreck when a car pulled out in frount of me (https://www.askmehelpdesk.com/showthread.php?t=590054)

  • Jul 29, 2011, 08:16 AM
    wanda mcelwee
    What are my rights as the victum in a car wreck when a car pulled out in frount of me
    I was traving north on a four lane highway in the outside lane traving about 30 to 35 miles an hour, there was a truck stopped on the inside lane making a left hand turn,when I got even with his truck a car was making a right hand turn in front of the truck,I could not see the car until I hit the car squar in the middle,my truck came to a sudden stop my air bags inflated and I was hurt in the wreck my hand was broke my arm and neck was hurting my back was hurting (I had back surgery in January of that same year and had a metel rod in my back)my truck was totalled and I amstill in a lot of pain.
  • Jul 29, 2011, 08:26 AM
    smoothy

    Who was charged? What state did this occur?
  • Jul 29, 2011, 08:27 AM
    kcomissiong
    Did the officer who responded find someone at fault?
  • Jul 29, 2011, 08:30 AM
    Wondergirl

    Have you reported this to your insurance agent?
  • Jul 30, 2011, 10:14 AM
    wanda mcelwee
    Comment on smoothy's post
    Yes! The driver of the other car said that the driver of the truck that was turning left waved at her to turn and even though she could'nt see she turned anyway and since she could'nt see me I could'nt see her.the police was called she was given a ticket for failure to yeald ride a way and mine and her insurance was notifid her insurance is not wanting to pay my medical bills and I am getting collection bill and I am paying them ,I have an exllience credit rating that I have worked very hard to get and I can't let this chance that.I have two witness statements,(after the fact I found out she had pulled to far out of the south bound turning lane and was blocking triffic that was headed north trying to make a left hand turn , so until she turned the middle left hand turning lane was blocked and the inside north bound lane was blocked).Little Rock,Arkansas
  • Jul 30, 2011, 10:27 AM
    ScottGem

    Yes, A car making a turn is required to yield to oncoming traffic. So if you were traveling straight then the other driver is at fault.

    You need to report this to YOUR insurance company. They will follow-up on your claim against the other carrier. They will also pay your bills and sue the other carrier.

    What reason did they give for denying your claim? Doesn't seem they have any grounds.
  • Jul 30, 2011, 10:33 AM
    excon

    Hello w:

    Hop, skip and jump on down to your nearest lawyers office. He WON'T charge you unless he WINS, and he can get a LOT more than you can yourself.

    excon
  • Jul 30, 2011, 12:47 PM
    wanda mcelwee
    Comment on excon's post
    Can I sue her personely in cival court?
  • Jul 30, 2011, 12:51 PM
    Wondergirl

    can i sue her personely in cival court?

    Do you have insurance? If so, your insurance company would be the better one to handle a lawsuit -- there's no expense to you that way.
  • Jul 30, 2011, 01:53 PM
    ScottGem

    First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

    Yes you can sue her, but why bother? This is what you have insurance for. Your insurance company should take care of this for you. They should be paying your medical bills and getting reimbursed from her carrier.
  • Jul 30, 2011, 02:25 PM
    Fr_Chuck

    You should be turning this into your insurance company who may pay the bills and sue the other company. But yes often the other company will refuse to pay to start with.

    But remember, if they take two years to pay, you are liable to pay the hospital and doctor bills, I had one workers comp accident where the insurance company took 10 years to finally pay and settle with me. And that was in the court after getting court continued about 8 times.

    So this could drag out for years, you need to be prepared for this

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