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 Posted: Thu Jan 05, 2012 5:35 am Post subject: Any advice is Appreciated |
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Hello,I was involved in a car accident on Janurary 3,2012 on my lunch break.
I was headed back to work when I noticed a truck speeding towards me.I'm thinking I know he is going to stop.He did not stop and he RAN right into the back of me causing me to run into the car that was in front of me.There was nothing I could do at all.I am in the state of Georgia.We were waiting for a car to make a turn before we proceded.My car was smashed in between two cars.I am ok ,I have bad back pain and neck pain.My question is can I sue the driver that ran into the back of me causing me to have bad back and neck pain.Also can the driver I ran into sue me for running into the back of him.The guy that hit me caused me to run into the driver in front of me.I want to know can I sue the guy that hit me? and can the person in front of me sue me?If you can please give me some advice.The ambulance had to take me to the emergency room.
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| Posted: Thu Jan 05, 2012 7:49 am Post subject: |
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First, you usually don't automatically "sue" someone for your loss. If the person behind you has insurance, you file a claim and have them address your loss... your property damage and injury. If they won't pay you what you want, you can hire an attorney and file suit. You can certainly file a suit any time you want but this cost you money (40% of your settlement to an attorney plus expenses).
Most likely you don't have any liability in this matter to you won't need to pay for the damage to the vehicle in front of you.
If your vehicle is repairable you also need to ask the other carrier to pay you for diminishment of value (as allowed by state law). |
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tcope
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| Posted: Thu Jan 05, 2012 3:23 pm Post subject: |
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| As of now, there is no point in consulting an attorney. As tcope said, you'd lose more money that you'd recover. Do you have collision, comp and BI coverage? |
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Heller
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| Posted: Tue Jan 10, 2012 6:58 am Post subject: |
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Yes I have collision coverage.I just found out that I am at fault for hitting the driver in front of me.The guy ran into the back of me causing me to hit the car in front of me.I feel like I shouldnt be at fault but I am
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Bck pain
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| Posted: Tue Jan 10, 2012 3:54 pm Post subject: |
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| You have collision coverage which is good. Inform your insurance company immediately and file a claim against the carrier of the guy who rear-ended you. You should be covered against such liability by your policy (although I don’t see any liability in this case). Your insurance company will negotiate with the attorney, and if the other party refuses to settle, then your insurance company will get you an attorney to provide you a defense. |
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Heller
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| Posted: Thu Jan 12, 2012 2:57 am Post subject: |
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| Quote: | | You have collision coverage which is good. Inform your insurance company immediately and file a claim against the carrier of the guy who rear-ended you. You should be covered against such liability by your policy |
Heller is somewhat confused.
First, collision coverage is for damage you do to your own vehicle, not the vehicles or property or person of others. For the damage you do to others and their property, your liability coverage handles those claims.
As for hitting the vehicle in front of you, unless you were "negligent" in doing so, the fault is not yours. However, the claim will be made by that vehicle's owner against you and your insurance company, which will, in turn, claim that loss against the insurance of the party that struck your vehicle from behind. That's the negligent, at fault party who is responsible for all losses in the one event.
The only time you need an attorney is when you and the insurance company responsible for your loss come to a point of impasse -- you don't believe their settlement offer is correct, and they don't want to offer more. They you could consider hiring an attorney. I could be wrong, but I believe Georgia has a 2-year statute of limitations on personal injury claims. You would have to file a legal action within that time period.
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MaxHerr
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