Legal Question in Personal Injury in California

There are at least two things you can do on this. 1st is have your attorney get photos of the other car and any damage estimates for it. See if the damage confirms her version or yours if her version is confirmed, you next step would be to file a uninsured motorist claim with your own insurance company for the hit and run accident.

Don't you get to talk to the attorney? If not, fire him.

If you got hit from behind in this situation, it is automatically her fault.

Best,

Daniel Bakondi, Esq.

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The police report is not admissible at trial for any reason.

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

Did you see the police report? If not, write your attorney a letter demanding to see your own police report within the next few days. The police report is part of your files, and you should be able to obtain it, if only to present it to another attorney for a second opinion. I agree with Mr. Kuhn's assessment. Even though the police report may be inadmissible, chances are the lady in the car behind you will testify to the same matters that are contained in the police report. It would be nice if you were able to show that she is not entirely truthful in her version of the events.

As has been stated, you need to look at the police report and photos of the alleged damage to the car that rear ended your car to see if it has recent damage from the "phantom" hit and run vehicle.Why are you only communicating with the attorney's paralegal and not the attorney? I have handled personal injury cases for many years and before that I was a claims person in charge of training all claims reps, supervisors and managers nationwide for one of the largest insurance companies so I know both sides (especially how the insurance carriers evaluate and negotiate).

The rear ending vehicle is usually at fault but that is not always the case, (if it was also rear ended and forced into your car it may have no liabiltiy), but still that rear ending party may just be lying as you suggest. That's why the evidence has to be evaluated. You may have an uninsured motorist claim if the facts turn out that a third car was involved. I would be glad to give a no charge consultation if you are interested. I hope this helps. Bob (818) 222-2433