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regarding my wife's accident it looks like my car is a total loss, my wife has been in pain for the last week, the settlement probably won't even let me buy the car that was totaled, my insurance will skyrocket for the next 3 years and the police report was as vague as expected. apparently the fact the the driver of the other car didn't have a license has no bearing at all on who's at fault as far as the insurance is concerned. so at this point would you guys look into hiring an attorney?
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Woah, sorry to hear that. If you feel you are the victim here and there is no other recourse then yes I would talk to a lawyer, although I don't know what recourse you might have.
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textbook case for a good attorney.
curse 'em when you don't agree, but litigation does exist for good reason.
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Something isn't quite making sense here. Insurance rates normally "skyrocket" only when your insurance company has to pay out a large settlement to someone else through the liability coverage on your policy. Are you saying the other driver is claiming your wife was at fault? Is it your policy that will be making the payout on your car? There were no witnesses to the accident?
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I feel your pain.
I wonder how having a device like I mentioned would have helped you?
http://www.thecarblackbox.com/
Your troubles make the $280 price seem worth it. Super cool data collection. Just as long as the user of the device is not found to be in violation of anything. I would think revealing the video/data would be something you'd likely be able to decide or not; given that it's likely no one would know about the existence unless or until you tell them.
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It sounds like b-man is saying the police report doesn't definitively say that the other guy is at fault, so he expect that the insurance company will ream him.
the driver of the other car didn't have a license has no bearing at all on who's at fault as far as the insurance is concerned
Yes, SOP. The only time that comes into play with an insurance company is when the insured is unlicensed. When the company discovers that, they don't have to cover the collision. And when they don't have to, they almost always won't.
textbook case for a good attorney.
Only if a "good attorney" can lay fault on the Other Guy. If not, don't go counting on any settlement money. B-man could sue the Other Guy, but if he doesn't have any insurance (no DL) or any assets, then there's nada to be gained. He could sue his insurance company, and if he wins, the company will have to cover and possibly not be allowed to jack him up, rate-wise.
A lot of this depends on what state he lives in.
Talking to a good lawyer is a good idea, but there are a lot of ambulance chasers out there that likely will be of no help.
Good luck.
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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.
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if yours is the white car - in some states , based on the damage, you'd be at least 1/2 at fault. (unless she was backed into)
yeah, license has nothing to do with payout, although he should have gotten a ticket or something.
Lawyer would be for wife's medical costs, especially if they exceed yours and/or his coverage. He could have coverages besides what he has on his car that you could tap into depending on laws in your state.
But only for medical as far as I know.
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Witnesses? In my last wreck, the potential witnesses scattered like roaches.
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there were a TON of witnesses. Just none that came forward.
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