Check out some similar questions!

stephenub · Jun 26, 2007, 05:23 AM

Hello, I was recently in an accident and just got married and let my insurance lapse so I could get the discount of being a married person when I paid for it again. I was rearended by a woman and subsequently hit the car in front of me also. My car is basically totalled and I sustained a good amount of physical damage also. I am the one one who's car was badly damaged, and same with physically.

Well the woman admitted to fault at the scene of the accident, but as soon as the police arrived she "forgot" what had happened, and the police said on the incident report that I was at fault based on the amount of physical damage. They said that based on the damage my car sustained, I had to of hit the car in front of me first then I got hit from behind. Making the accident my fault. My lawyers are worried about what the police report says, and aren't really sure what to do. They want me to continue to see my Dr's even though if I don't get a settlement I will be held accountable for all the medical bills.. and they say I will probably have to file bankruptcy because of it..

I do have a witness to her admitting that she was at fault. And he has already filled an afadavit. How bad does this look for me?

Thanks
Stephen

CaptainRich · Jun 26, 2007, 05:53 AM

You need an attorney. NOW!
I would like to think most insurance investigators would be competent enough to determine who hit who.
My insurance agent recommends carrying a cheap dispoable camera. Take mulitple pictures of all vehicles involved... road conditions and weather conditions, etc. Even the people involved. It's too late now in this case but for future reference...

excon · Jun 26, 2007, 05:59 AM

Hello stephen:

It looks pretty bad. IF I understand the incident - you didn't explain it very well - you were stopped and got hit from behind, and were forced into the car in front of you, then YOU are not at fault.

Plus I have problems with how YOU say fault was assigned. You say the report says that you're at fault BECAUSE of the damage your car received?? Huh? Fault is determined by traffic law, not body shop information.

Couple things: (1) In general, cops know who to give tickets to, and (2) they know how to assign fault. Either you got real dumb cops (not unheard of), or you need to explain further. Hopefully, you got real dumb cops.

Whether you got dumb cops or not, you need an attorney for two reasons: (1), to fight the ticket, and (2) to sue the driver who hit you. Certainly, if it's YOUR fault, THEIR insurance company isn't going to pay for your car or your medical expenses. Plus, if it's YOUR fault, you're going to have to pay for the damages to the car and driver YOU hit.

Hire an attorney, TODAY.

excon

CaptainRich · Jun 26, 2007, 05:59 AM

BTW: you shouldn't let your coverage lapse for a few bucks... and ex is right. It's my experience that cops no nothing about estimating body damage!!

stephenub · Jun 26, 2007, 06:13 AM

Originally Posted by CaptainRich

You need an attorney. NOW!
I would like to think most insurance investigators would be competent enough to determine who hit who.
My insurance agent recommends carrying a cheap dispoable camera. Take mulitple pictures of all vehicles involved... road conditions and weather conditions, etc. Even the people involved. It's too late now in this case but for future reference...

I already got a lawyer, sorry I should have said that earlier.
Yes I got hit from behind, then hit a car in front of me. The ladt originally admitted to it, but once the police arrived she changed her story, and on the police report the cops are saying it is defenitely my fault.

My lawyers are telling me to go through with all my medical needs, but if the personal injury settlement doesn't go through then I am responsible for all the bills... 10,000+.. so that's why I want to know whether I should be worried that the police report is saying the accident is my fault.

stephenub · Jun 26, 2007, 06:14 AM

Originally Posted by excon

Hello stephen:

It looks pretty bad. IF I understand the incident - you didn't explain it very well - you were stopped and got hit from behind, and were forced into the car in front of you, then YOU are not at fault.

Plus I have problems with how YOU say fault was assigned. You say the report says that you're at fault BECAUSE of the damage your car received???? Huh?? Fault is determined by traffic law, not body shop information.

Couple things: (1) In general, cops know who to give tickets to, and (2) they know how to assign fault. Either you got real dumb cops (not unheard of), or you need to explain further. Hopefully, you got real dumb cops.

Whether you got dumb cops or not, you need an attorney for two reasons: (1), to fight the ticket, and (2) to sue the driver who hit you. Certainly, if it's YOUR fault, THEIR insurance company isn't going to pay for your car or your medical expenses. Plus, if it's YOUR fault, you're gonna have to pay for the damages to the car and driver YOU hit.

Hire an attorney, TODAY.

excon

Well they are saying based on the damage my car sustained, that I must have hit the car in front of me first, then she hit me because of it.. thus the accident being my fault..