I was in an accident that was not my fault, the other guy rear-ended me and then fled the scene. He was caught and he has insurance. (We have no idea why he ran) When we notified our insurance company about the accident they asked if we wanted our insurance to cover it or his? If ours covers it we pay the $250 deductible. If his insurance handles it there is no deductible. Why would they ask this question? And what is the best way to handle the claim? And is it to late to have his insurance cover it if we have already notified ours of the accident?

Some people want to claim thru their own company and have them handle everything for them. If you claim thru the other company YOU are the one that needs to call the other company. As an agent in my state, I am allowed to give you lots of advice on how to handle the accident but I can’t turn in the claim to the other company for you. It would be your responsibility. It is not to late to have the other persons insurance cover the accident.

I am an insurance agent and ask all clients how they want to handle the accident. I explain it the same way your agent did. He is giving you the option of how you want to handle it. If your car is driveable always go thru the other company. Don’t forget to ask for a rental while your car is in the shop being fixed.

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My boyfriend died in a car accident in september we had over 6 years living together, he never had any kids and he was never married, we had plans of getting married on his b-day he passed away last month, he had years without having close relationship with his family. when he died his family decided to barred him out of state where they lived, i had no choice of keeping him with me since in the state where i lived there’s no common marriage law. i’m trying to get a lawyer in order to Proceed legally in regards he wrongful death, I wanted to know if there’s any chance a judge can grant me the authorization of being her legal representative since he’s sister wants to become his legal representative, i have proof that we lived together as a married couple like income tax were we filled as married, credit cards, cars under both names, rental agreements invoice from bail bonds were I signed as the responsible party, gym memberships showing both in the contracts, bank statements etc if there any change i could become his legal representative or does the judge automatically gives such authorization to his family members.

Nope. That’s why you write a will.

If there’s no will and you aren’t married you have no legal connection to him. Trying to sort out who is a casual date and who is a Life Partner is messy and difficult and the government has decided not to bother.

Without a will, the state’s Intestacy Laws take over. His sister gets to be the legal representative.

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My dad was recently killed in an automobile accident. Both drivers were killed, and there were no other passengers. The other driver was reported to be traveling at high speeds, crossed the center line and hit my dad’s vehicle head-on. What kind of action can be taken by our family besides normal payment for the vehicle damage, etc? Can a wrongful death suit be filed when both drivers are killed? I know we need to speak to a lawyer, but I was wondering if anyone had any advice or experiences that would help me?

Sorry about the loss of your father, first and foremost.

The action to be filed is called "wrongful death." There are attorneys who specialize in this kind of case. Since it will probably involve considerable investigation, you or your family should hire someone as soon as possible. The attorney will take this case on a contingency basis, and you will not have to pay unless there is an award or settlement. That settlement will be reduced by lawyer’s fees and costs.

Typically, the suit will be for the amount of insurance the other driver had. This could be anywhere from 20K to 300K. In many cases, your father’s insurance policy that cover "underinsured or uninsured" motorists, and this amount of coverage can be recovered in addition to the other driver’s insurance. In the event the other driver owns property, stocks, bank accounts and other assets, they could be attached over and above any amount of the insurance policy. Example, let’s say a jury awards your family 1M and the driver only had 300K in coverage. You could go after the driver’s assets for the rest. This could be discharged in bankruptcy, but if the driver is proven to be driving under the influence, it may not be.

The evidence/accident reconstruction will prove who was at fault. If what you say is true, there should not be a liability issue. The only issue would be the amount of settlement or award at trial. This would mean there would be a resolution sooner. If there are questions of liability…who was at fault…a trial on liability could take some time. And the attorney’s fees will be higher. These are things you and your family would need to discuss with the attorney, and the terms should be clearly outlined in the attorney’s retainer…contract…with you.

This can be a painful process. Obviously, you lost your dad, his ability to earn a living, the loss of his comfort and companionship…these are all things that are calculated when settlements or jury awards are calculated.

You need to get with an attorney as soon as your family is able to. You probably have at least a year to file the lawsuit. Your attorney will know what to do. But please do not try to resolve this on your own. It is too complicated, and you are way too emotionally involved to be objective.

Good luck.

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In an accident claim where fault is essentially a he said/she said case and fault is somewhat ambiguous, do auto insurers tend to side witht heir customers or is it a completely objective determination?

Hiya:

Liability is based on facts. Or - the facts as the adjuster knows them.

The insurance company will conduct an investigation: take statements from everyone involved, try to get witness statements, examine the vehicles, examine the scene…..

I can tell you that people almost ALWAYS deny liability. It’s like they are programmed that way or something! lol

As infamously coined by CSI - the evidence doesn’t lie.

When looking at impact points on a vehicle, we can tell things like speed, direction of impact. There are crush zones in the hood, doors, frame….crush zones serve 2 purposes - absorb and transfer energy. You’ve heard that physics law: An object in motion stays in motion? It’s easy to follow the evidence.

People sometimes don’t even know what they are saying is giving them away and proving them a liar. When someone gets hit from behind, claims that they were stopped and that their head hit the windshield. Big Fat Lie. If you were hit from behind…while you were stopped….your head would go backwards. Not forwards. If you were MOVING on the other hand…..different picture. And speed makes a difference.

So - bottom line..just because you have a he said/she said situation - that doesn’t mean that it will stay a he said/she said siutation. If all else fails and there is still some ambiguity - depending on the negligence jurisdiction you live in - you could both end up sharing some percentage of liablity - or end up having to pay your own damages or….

You get the picture, right?

Goodluck!

~jifr!

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In an accident claim where fault is essentially a he said/she said case and fault is somewhat ambiguous, do auto insurers tend to side witht heir customers or is it a completely objective determination?

Hiya:

Liability is based on facts. Or - the facts as the adjuster knows them.

The insurance company will conduct an investigation: take statements from everyone involved, try to get witness statements, examine the vehicles, examine the scene…..

I can tell you that people almost ALWAYS deny liability. It’s like they are programmed that way or something! lol

As infamously coined by CSI - the evidence doesn’t lie.

When looking at impact points on a vehicle, we can tell things like speed, direction of impact. There are crush zones in the hood, doors, frame….crush zones serve 2 purposes - absorb and transfer energy. You’ve heard that physics law: An object in motion stays in motion? It’s easy to follow the evidence.

People sometimes don’t even know what they are saying is giving them away and proving them a liar. When someone gets hit from behind, claims that they were stopped and that their head hit the windshield. Big Fat Lie. If you were hit from behind…while you were stopped….your head would go backwards. Not forwards. If you were MOVING on the other hand…..different picture. And speed makes a difference.

So - bottom line..just because you have a he said/she said situation - that doesn’t mean that it will stay a he said/she said siutation. If all else fails and there is still some ambiguity - depending on the negligence jurisdiction you live in - you could both end up sharing some percentage of liablity - or end up having to pay your own damages or….

You get the picture, right?

Goodluck!

~jifr!

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I am not happy with the settlement the insurance company is offering my family in the wrongful death case of my young sister. She was killed by a drunk boater and the responsible party’s insurance company is offering an unsatisfactory amount of monetary compensation. Our family’s lawyer said we are only able to sue the responsible party and not their insurance company as it is against the law in Illinois to sue insurance companies. How can I research that and find out if there are any loop holes, or if this information is even true? Thank you for you help!

Your case is against the responsible party, notthe insurance company. The insurance company represents the responsible party in court, and is liable to pay the full amount of any award, up to the ceiling of the policy.
the insurance company has the right to offer you any or no funds that it feels is appropriate. they have not committed any actionable offense by offering you less than you feel is warranted. Merely reject the offer, and sue the responsible party.

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I am not happy with the settlement the insurance company is offering my family in the wrongful death case of my young sister. She was killed by a drunk boater and the responsible party’s insurance company is offering an unsatisfactory amount of monetary compensation. Our family’s lawyer said we are only able to sue the responsible party and not their insurance company as it is against the law in Illinois to sue insurance companies. How can I research that and find out if there are any loop holes, or if this information is even true? Thank you for you help!

Your case is against the responsible party, notthe insurance company. The insurance company represents the responsible party in court, and is liable to pay the full amount of any award, up to the ceiling of the policy.
the insurance company has the right to offer you any or no funds that it feels is appropriate. they have not committed any actionable offense by offering you less than you feel is warranted. Merely reject the offer, and sue the responsible party.

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We are looking for and attorney who can take on a big hospital. they are at fault for medical negligence and malpractice.

You want to contact a personal injury attorney who also specializes in medical malpractice. I would find the best one I could. You can get find a really good one by asking around or checking on the internet. You definitely want someone with a lot of experience in this field. Almost all personal injury lawyers have websites where they list cases they have won, etc. Most PI attorneys will take your case on contingency. All the "good" ones do. They only take cases they are sure they will win. And big hospitals have very deep pockets. That is, unless your state has caps or limits on these types of cases. If you were in Oregon, I could tell you the absolutely number one there, as I used to work for him. If not, then I would contact an organization called The Inner Circle of Advocates. Only the top and best 100 personal injury attorneys in the US are invited to join.

Hope this helps.

PS And contrary to what the guy below me says about it being hard to sue a hospital or doctor, that is absolutely not true. Just look at the hundreds of HUGE awards in the first source listed below. The only problem is that because of the amount personal injury lawyers make, all lawyers want to do this type of work, and most of them are not very good at it. That guy must be a doctor or work for a hospital. It is relatively easy to win big verdicts for medical malpractice, because they screwed up!

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We are looking for and attorney who can take on a big hospital. they are at fault for medical negligence and malpractice.

You want to contact a personal injury attorney who also specializes in medical malpractice. I would find the best one I could. You can get find a really good one by asking around or checking on the internet. You definitely want someone with a lot of experience in this field. Almost all personal injury lawyers have websites where they list cases they have won, etc. Most PI attorneys will take your case on contingency. All the "good" ones do. They only take cases they are sure they will win. And big hospitals have very deep pockets. That is, unless your state has caps or limits on these types of cases. If you were in Oregon, I could tell you the absolutely number one there, as I used to work for him. If not, then I would contact an organization called The Inner Circle of Advocates. Only the top and best 100 personal injury attorneys in the US are invited to join.

Hope this helps.

PS And contrary to what the guy below me says about it being hard to sue a hospital or doctor, that is absolutely not true. Just look at the hundreds of HUGE awards in the first source listed below. The only problem is that because of the amount personal injury lawyers make, all lawyers want to do this type of work, and most of them are not very good at it. That guy must be a doctor or work for a hospital. It is relatively easy to win big verdicts for medical malpractice, because they screwed up!

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Dear all,
I retain attorney to work on decease family estate in probate court,now the attorney want to disregard original contract threaten to put lien on wrongful death settlement.I believe the legal fee is very excess.

The wrongful death case is with different law firm can the probate lawyer legally place this lien on the settlement and charges whatever he fee i owed to make difficulty for the family of decedent.

I want paid lawyer but he is asking for too much,evenly i my have to obtain attorney to handle this matter in court.
Please give us your legal or personal opinion on this cases.

Sounds like "usury" to me, I would suggest to him that is what you think of what he is doing ! It always bothers anyone who holds a legal position to suggest usury because it goes to the issue of greed and graft in the legal profession. Many do not want this issue or behavior discussed. The Court would take a dim view of this !

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