Legal Question in Personal Injury in California
I was hit and by a driver who was at fault
Good afternoon:
I was in automobile accident at the beginning of this month. The on-coming driver was at fault which she admitted to the officer. The officer informed me that because the accident was not a brutality/fatal accident and there was no serious injury that a police report did not need to be made. Now the young lady that hit me has consulted with her parents and is saying that is not her fault. My car is totalled and she was able to drive away in hers. Her insurance company will not cover the damages now that she is saying that it is not her fault. I have contacted the officer to try to get a statement in which he said that he will make if needed in regards to her admitting that she was at fault. I have not been able to reach him. I need my car fixed as well as the passenger needs to be compensated for her personal injuries. Please help!!!!!!! I need to know what to do. Thanks!!!
4 Answers from Attorneys
Re: I was hit and by a driver who was at fault
The admission of the driver is significant evidence of fault. The fact that now she is retracting that admission indicates that the matter will probably be needed to be litigated. Be sure to have an attorney with trial experience to handle the case. Please accept my best wishes for your successful prosecution in this matter.
Re: I was hit and by a driver who was at fault
Firstly, you should contact YOUR insurance company and see if you are covered for this type of accident. Your insurance company might be able to go after her insurance company for reimbursement. However, from the facts that you listed, you need to speak with an attorney. Because the other side is denying the accident and an adversarial situation has arisen, you would be best to hire an attorney. I can be reached at 310-772-2274. All the best.
Re: I was hit and by a driver who was at fault
If you file a lawsuit for personal injuries you'll have the right to subpoena the police officer for a deposition as well as its subpoena him to testify in court.
Re: I was hit and by a driver who was at fault
To have the driver of the other vehicle deny liability after speaking to her insurance company and the insurance company deny liability is "par for the course". Do not be surprized.
First I suggest have your auto insurance company repair your car. You will pay the deductable. You will be on your own for a rental car unless your policy provides for one.
If the damages to your vehicle is under or near $5,000 sue her in small claims court and subpena the police officer to testify. If you need some help with this call me.
Your passenger, necessarily is going to have to hire an attorney to fight the denial so that she can get compensation for her medical expenses, lost wages, pain & suffering and etc.
Many firms, mine included, will handle your property damage claim without additional charge if they are handling your passenger's personal injury claim.
I suggest that your passenger retain a personal injury expert. A non-expert will not, in my opinion, know how to handle the denial of a claim.
Good luck!
John Bisnar, Senior Partner, BISNAR & CHASE, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, [email protected], 800-956-0123.
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