Have you ever hired an attorney after a car accident? Advice please...

[joshmamabear]

Was the other driver given a citation?

When a lady pulled out and broadsided my Hubs last December she was not given a ticket even though she totaled Hubs' truck and nearly killed a couple on a motorcycle.

A girl hit my daughter in her truck on 9 1 11 and a cop came to the scene but did not give the other girl a citation even though she stated several times that it was her fault (she turned right on red and hit my daughter in the passenger side door in broad daylight). The family said they would pay but I sent them 4 estimates a week ago and have heard nothing back. The problem I'll have is if they don't pay since there was no citation issued fault can be given to either driver so their insurance is likely to fight/deny the claim. We only have liability on the vehicle because of its age.

The cop at the scene convinced the girls they didn't need an accident report (they are only 19) so he could get out of doing the freaking paperwork.

Anyway, sorry about your accident and hope you and your little one are ok in the long run.

even if the other driver was not given a citation, what is written in the police report? even if you have only liability insurance and if the other party does not have insurance, as long as the police report is in your favor, you can call your insurance and they should help you. If you have a local agent, he/she should have gotten the copy of the police report and let you know who should pay for damages. If the other party has no insurance and you have uninsured motorist in your policy, your insurance will pay for damages to your car. The police report is vital on who pays for damages in accidents.

ETA: I just re-read and it seems no police report was filed? An accident happened, there are damages to one or both vehicles so a report should've been filed. I don't know if a complaint can be filed against the cop on duty @ the time.

[mom25grls]

PICTURES...of EVERYTHING....and like others said do NOT talk to the other person's insurance company, our mistake and it screwed us! My daughter had an accident at an intersection, the kid driving the car didn't own the car or a driver's license, and LEFT the scene of the accident. His friend, who owned the car, claimed he was driving, and when my daughter and her friend told the officer that the other kid was driving the cop didn't even question the truthfulness of the other kids' statement. My daughters' car was totaled, the other kid drove his car away. Unfortunately we talked to the insurance (his) company and they said that it was partly my daughter's fault and the lawyer we hired sided with her (though it was obvious that the kid did NOT yield right of way and he hit her hard enough to total her car and shove it completely across the intersection). She got partial value of her car, no loner / rental because she was under age (wow did you know that one???). We ended up having to go and buy a cheap car until we could get her car fixed (hubby is a mechanic and could get the parts).

Just start out with a lawyer with this one, you have injuries, and likely some serious nightmares. I was hit by a car when I was a kid, and the best advise my parents got was DO NOT settle completely for at the very least one year, the medical stuff was paid when the bills were received by the girl who hit me's insurance, but the complete settlement was not done until over a year later, due to my having a closed head injury and they weren't sure if I would need therapy (mental or physical) and wanted to make sure that if I did they would have to pay for it. I have no recollection of the accident itself, but the injury's to my hip are lifelong...and I suffer the pain daily. I'm just thankful I can walk, talk and think! It could have been a lot worse.

MY thoughts and prayers are with you and your little ones. I hope that they heal, and that there are no serious later effects!

[3timesoccermom]

Nope, no report. I checked. Twice. There are only "notes" and he had both girls fill out a slip of paper with their names, addresses, insurance companies (the other driver did have insurance) and phone numbers and exchange those. He even told the other girl that my daughter was doing her "a favor" by "not filing a report" so her "parents need to pay." But absolutely no police report and the other girl did not receive a citation. Very frustrating.

even if the other driver was not given a citation, what is written in the police report? even if you have only liability insurance and if the other party does not have insurance, as long as the police report is in your favor, you can call your insurance and they should help you. If you have a local agent, he/she should have gotten the copy of the police report and let you know who should pay for damages. If the other party has no insurance and you have uninsured motorist in your policy, your insurance will pay for damages to your car. The police report is vital on who pays for damages in accidents.

ETA: I just re-read and it seems no police report was filed? An accident happened, there are damages to one or both vehicles so a report should've been filed. I don't know if a complaint can be filed against the cop on duty @ the time.

[joshmamabear]

Nope, no report. I checked. Twice. There are only "notes" and he had both girls fill out a slip of paper with their names, addresses, insurance companies (the other driver did have insurance) and phone numbers and exchange those. He even told the other girl that my daughter was doing her "a favor" by "not filing a report" so her "parents need to pay." But absolutely no police report and the other girl did not receive a citation. Very frustrating.

Sorry to hear that. Is there a possibility the cop knew the other driver's parents? The non reporting of the accident became an advantage to them in terms of insurance but it is a great disadvantage to you It seems to me the other party's parents know they got the upperhand w/o a police report; that is probably why you never heard back from them. They may be forced to respond to you ONLY if you bring them to court. Should you file a claim with their insurance, I'm almost sure you will receive a denied letter since there are no police reports to serve as documentation of the incident.

If there were pictures taken @ the scene, you can probably take them to court but that will entail a lot of work and expenses on your part. This is all water under the bridge and I know how frustrating it is.

I learned the value of the police report when I became a victim of hit n run in a parking lot. Although the store cameras showed the woman driving the truck that hit my car, that didn't help me much without the tag number. I was livid @ the time and I didn't know what to do then, someone called the cops for me and a report of the incident was filed. I thought I was SOL since I had only liability insurance; the estimate came up to 3200 which MY insurance company paid since I had uninsured motorist coverage on my policy. I was out some deductible, if the tag of the other party was taken, I would've paid no deductible. Overall, it was still better than paying for the 3200.

I dread dealing with insurance companies, I never win

[joshmamabear]

btw, this part IF it will not be taken as hearsay is enough proof that the cop took the side of the offending party. No citation, no police report ~ this is like getting a free jail pass in monopoly. Seems like your DD did not give the other party a "favor" voluntarily, it was the cop who maneuvered the situation. I'm sure your DD didn't say, "no filing of accident report, please?" I can understand your DD was stressed @ the time and she was helpless. Had she called you or anyone who may have given her the right advice, you won't have to deal with the parents; your insurance deals with their insurance to get your vehicle repaired. Hindsight is 20/20.

Originally Posted by 3timesoccermom He even told the other girl that my daughter was doing her "a favor" by "not filing a report" so her "parents need to pay." But absolutely no police report and the other girl did not receive a citation.

[joshmamabear]

OP, is there any update on this case? I hope you're all feeling better.

Have you gotten a copy of the police report? I read you have Progressive insurance, what have they done for you so far? I hope they're giving you the assistance you need right now.

are there law offices in your area advertising a no win, no fee arrangement in car accident cases? check them out. if you have one of those in your area.

[vickib50]

There's a lot of good advice in this thread. Let me underscore: DO NOT TALK TO THE OPPOSING INSURANCE COMPANY REPRESENTATIVE. It is their job to do everything to deny your claim. It is their job to save their company as much money as possible. I was in an accident in 1994 and the thing didn't get settled until 1999. Don't mean to be a downer here, but, these things take time, especially if you are injured and don't get well right away. A lawyer is necessary for you.