04-16-2010, 07:50 PM
Sorry to hear how things are unfolding. You may touch base with your insurance company to see how their assessment of the accident is proceeding. They are your first advocates (they don't want to pay, either), but you are your own best representative.
On another note, the fact that the other driver wasn't licensed has no bearing on who is at fault in an accident, nor should it. Fault in an accident is all about right of way and responsible judgment/operation. If you can show that the unlicensed driver did not have the right of way, or drove irresponsibly, you have a case. If it's ambiguous, as it often is, you might be out of luck unless there were witnesses.
A word on witnesses - unless you're pretty sure you were wrong, it's a good idea to solicit witnesses after an accident. An ambiguous "no decision" outcome generally means lose-lose for the drivers, and the insurance companies split the costs. Witnesses can help exonerate you and spare you big $$$. If the witnesses hurt your case, you end losing, but for the policyholder it's not necessarily worse than a no-decision.
Do you not have accident forgiveness on your policy?
Regarding attorneys - do you have one? Whenever i'm not sure whether i should get a lawyer for something, i ask my lawyer. Obviously she's not appropriate for everything, but she generally can tell me who i should talk to. Also, i trust her - and her advice.
On another note, the fact that the other driver wasn't licensed has no bearing on who is at fault in an accident, nor should it. Fault in an accident is all about right of way and responsible judgment/operation. If you can show that the unlicensed driver did not have the right of way, or drove irresponsibly, you have a case. If it's ambiguous, as it often is, you might be out of luck unless there were witnesses.
A word on witnesses - unless you're pretty sure you were wrong, it's a good idea to solicit witnesses after an accident. An ambiguous "no decision" outcome generally means lose-lose for the drivers, and the insurance companies split the costs. Witnesses can help exonerate you and spare you big $$$. If the witnesses hurt your case, you end losing, but for the policyholder it's not necessarily worse than a no-decision.
Do you not have accident forgiveness on your policy?
Regarding attorneys - do you have one? Whenever i'm not sure whether i should get a lawyer for something, i ask my lawyer. Obviously she's not appropriate for everything, but she generally can tell me who i should talk to. Also, i trust her - and her advice.