Questions and Answers
This website has answered many questions from accident victims, other lawyers, and even journalists over the years.
Here is a sampling of questions. All names have been deleted to protect the privacy of the questioner. These are published only because the answer may assist someone with a similar question.
Now, let's answer a few questions.
Here is a sampling of questions. All names have been deleted to protect the privacy of the questioner. These are published only because the answer may assist someone with a similar question.
Now, let's answer a few questions.
Question
In September of 2009, I bought a 2000 Chevy C2500 truck for my son. As a common person, I assumed that an airbag was in the vehicle. My son was in a fatal accident on October 16, 2009. IF there was an airbag, my son would be alive. Come to find out that fleet vehicles are not required to have this safety feature. It was never disclosed to me that the truck did not have one, since I thought it was common knowledge that vehicles in the late 90's were manufactured with airbags, as mandated. The steering wheel was big enough to assume that one was present. Would I be able to file a "wrongful death suit" against the company that I purchased the vehicle from? If I had known that one was NOT equipped, I would not have purchased the truck. Has there ever been a lawsuit relating to the same circumstances?
Answer
I am so sorry to learn of your loss.
I believe that this truck should have been equipped with frontal airbags.
Starting in model year 1999, all light trucks - pickups, vans, and SUVs with a gross vehicle weight rating (GVWR*) of 8,500 lbs. or less - have been required to have frontal air bags for the driver and the right front passenger.
For some vehicles equipped with frontal air bags, SRS, SIR or SRS/Air Bag will be embossed on the air bag cover in the center of the steering wheel (for the driver) and on the dashboard (for the right front passenger). Also, you can check the vehicle for air bag warning labels, which are typically located on the vehicle's sun visors. In addition, the vehicle owner's manual should provide information on whether a vehicle has air bags.
While I am aware that some fleet owners have deleted non-mandatory safety equipment in the past in order to save money on their vehicle purchases, frontal airbags were mandatory so should not have been deleted.
The most likely explanation for the absence of an airbag is a previous wreck. Some owners repair the vehicle and, to save money, do not insert a new airbag. However, if that owner sells the vehicle to someone else, he should disclose the previous airbag deployment and the absence of an airbag replacement. Why? Because it is reasonable for the subsequent purchaser to assume that all federally-mandated safety equipment is on the vehicle, unless otherwise disclosed.
Since you purchased the vehicle used, you will need to prove that the former owner knew that the airbag was absent.
I would suggest that you start with a CarFax history of this vehicle, to see if there is a known collision history.
You should also review the contract and all the paperwork for your transaction to see if the absence of the airbag is disclosed at all, or perhaps disclosed inconspicuously.
Finally, you will want to consult with a skilled personal injury attorney in your area as soon as possible and share your concerns. Please do not delay.
I hope this is helpful in getting you started.
I believe that this truck should have been equipped with frontal airbags.
Starting in model year 1999, all light trucks - pickups, vans, and SUVs with a gross vehicle weight rating (GVWR*) of 8,500 lbs. or less - have been required to have frontal air bags for the driver and the right front passenger.
For some vehicles equipped with frontal air bags, SRS, SIR or SRS/Air Bag will be embossed on the air bag cover in the center of the steering wheel (for the driver) and on the dashboard (for the right front passenger). Also, you can check the vehicle for air bag warning labels, which are typically located on the vehicle's sun visors. In addition, the vehicle owner's manual should provide information on whether a vehicle has air bags.
While I am aware that some fleet owners have deleted non-mandatory safety equipment in the past in order to save money on their vehicle purchases, frontal airbags were mandatory so should not have been deleted.
The most likely explanation for the absence of an airbag is a previous wreck. Some owners repair the vehicle and, to save money, do not insert a new airbag. However, if that owner sells the vehicle to someone else, he should disclose the previous airbag deployment and the absence of an airbag replacement. Why? Because it is reasonable for the subsequent purchaser to assume that all federally-mandated safety equipment is on the vehicle, unless otherwise disclosed.
Since you purchased the vehicle used, you will need to prove that the former owner knew that the airbag was absent.
I would suggest that you start with a CarFax history of this vehicle, to see if there is a known collision history.
You should also review the contract and all the paperwork for your transaction to see if the absence of the airbag is disclosed at all, or perhaps disclosed inconspicuously.
Finally, you will want to consult with a skilled personal injury attorney in your area as soon as possible and share your concerns. Please do not delay.
I hope this is helpful in getting you started.
Question
My 17 year old daughter was recently involved in an automobile accident where she was hit from behind by a drunk driver. She and two friends riding with her received minor injuries and were treated in the emergency room and released. We are finding that the other driver was only minimally insured. My insurance has contacted all of the girls to arrange payment of their medical bills. I have since learned that the mother of one of the girls has hired an attorney and is planning to sue. The girl has been heard to brag that she is going to be able to buy a car from the money she is going to get from this accident. My question is can she sue me as the mother of the driver who was not at fault? Incidentally, the car she was driving was registered to her father (my ex-husband) not to me.
Answer
In general, passengers will not have a cause of action against the parent of a minor driver, absent some pre-driving state of mind such as knowingly allowing a drunk teenager to drive. However, the passengers may be able to make a claim against the insurance policy of the minor driver and/or the car driven by the minor driver, even in the absence of negligence by the minor driver.
Coverage such as Personal Injury Protection, Medical Payments and Underinsured Motorist could be available to compensate the passengers, and it is likely that is what the attorney has been hired for, in addition to seeking out all available damages from the negligent drunk driver. Specifically, the attorney will first try to collect all he can from the drunk driver's insurance policy, determine if he may be covered under any additional policies (i.e. owner of car if car is not his own, or from the non-custodial parent in a divorce situation), then seek out any additional no-fault insurance coverages that may apply (such as your daughter and/or your PIP and UIM).
While a claim against your own insurance policy is not what you envisioned, remember that the coverage is there to protect your daughter and her friends if they are in collision with a negligent driver who is uninsured or underinsured. That is the exact situation you find yourself in, so congratulations on your foresight in obtaining insurance coverage to protect your family and passengers.
Remember, your daughter also has a claim against the drunk driver who rearended her car, so don't wait to assert her claim until the money has been distributed to the passengers.
Coverage such as Personal Injury Protection, Medical Payments and Underinsured Motorist could be available to compensate the passengers, and it is likely that is what the attorney has been hired for, in addition to seeking out all available damages from the negligent drunk driver. Specifically, the attorney will first try to collect all he can from the drunk driver's insurance policy, determine if he may be covered under any additional policies (i.e. owner of car if car is not his own, or from the non-custodial parent in a divorce situation), then seek out any additional no-fault insurance coverages that may apply (such as your daughter and/or your PIP and UIM).
While a claim against your own insurance policy is not what you envisioned, remember that the coverage is there to protect your daughter and her friends if they are in collision with a negligent driver who is uninsured or underinsured. That is the exact situation you find yourself in, so congratulations on your foresight in obtaining insurance coverage to protect your family and passengers.
Remember, your daughter also has a claim against the drunk driver who rearended her car, so don't wait to assert her claim until the money has been distributed to the passengers.
Question
My sister was in a bad car accident and in the hospital for 3 months, the bill is over $500k. The accident was not her fault and the person who hit her has liability insurance but not near enough to cover those kind of hospital expenses. Assuming the person who hit her doesn't have that kind of money and he doesn't, I don't see how they can recover the money due them. In a case like this where the person liable doesn't have the money to pay, would his insurance company somehow have to pay up? Where would the money come from? Thanks
Answer
In general, one looks to the insurance of the negligent driver first.
If there is an inadequate amount of coverage, you then look at your own automobile insurance to see if you have Underinsured Motorist Coverage (UIM), which would then be available.
In rare instances, the vehicle one is driving may have a defect that enhanced the injury. An example is a crash where the fuel system leaks and causes a fire, and the injured person has huge medical bills from their burns. If the rare event of an automobile defect that causes or enhances injury, one should have control of the vehicle in order to make a claim against the automobile manufacturer (so that it can be inspected and the defect determined).
Sometimes, there is just not enough insurance, especially when there are large medical bills such as you describe. The only remaining thing to do would be to seek a judgment against the negligent party. It is likely uncollectible, but in the extremely unlikely event that the judgment creditor wins the lottery, your sister would be in line to finally collect enough to compensate her for her damages.
The most likely scenario is that the hospital will have to eventually write-off these bills as bad debt.
Wishing your sister a full recovery.
If there is an inadequate amount of coverage, you then look at your own automobile insurance to see if you have Underinsured Motorist Coverage (UIM), which would then be available.
In rare instances, the vehicle one is driving may have a defect that enhanced the injury. An example is a crash where the fuel system leaks and causes a fire, and the injured person has huge medical bills from their burns. If the rare event of an automobile defect that causes or enhances injury, one should have control of the vehicle in order to make a claim against the automobile manufacturer (so that it can be inspected and the defect determined).
Sometimes, there is just not enough insurance, especially when there are large medical bills such as you describe. The only remaining thing to do would be to seek a judgment against the negligent party. It is likely uncollectible, but in the extremely unlikely event that the judgment creditor wins the lottery, your sister would be in line to finally collect enough to compensate her for her damages.
The most likely scenario is that the hospital will have to eventually write-off these bills as bad debt.
Wishing your sister a full recovery.
Question
I was in a auto accident in March. My wife and I had to miss work because we had no transportation.The other drivers insurance co. said they are not responsible for the lost time at work we missed. But it was not our fault it was his. Is this true?
Answer
Generally, the obligation of the negligent party (and his automobile insurance company) is to put the innocent party back into the position he (or she) would have been in had there not been a collision.
So, generally, the innocent party can seek compensation for repairs to their car, transportation while the car is being repaired, lost wages (while unable to work), medical expenses and compensation for pain (if injured), and compensation for physical impairment (if the injury interrupts one's physical ability to do tasks).
What should have happened after your collision is the other driver's insurance company (if the other driver was at fault) should have offered you a rental car so you COULD go to work. Had you rented a car on your own so that you could go to work, you could seek reimbursement of those expenses. I don't know the full situation, but it seems you are within your rights to ask the other driver's insurance company to make you whole by paying wages lost because of no transportation.
At the minimum, the other driver's insurance company should offer you the value of a rental car (even though you didn't rent one) as compensation for loss of use of your vehicle (the cost of a rental being the measure of what "loss of use" is worth).
Thanks for writing, and good luck.
So, generally, the innocent party can seek compensation for repairs to their car, transportation while the car is being repaired, lost wages (while unable to work), medical expenses and compensation for pain (if injured), and compensation for physical impairment (if the injury interrupts one's physical ability to do tasks).
What should have happened after your collision is the other driver's insurance company (if the other driver was at fault) should have offered you a rental car so you COULD go to work. Had you rented a car on your own so that you could go to work, you could seek reimbursement of those expenses. I don't know the full situation, but it seems you are within your rights to ask the other driver's insurance company to make you whole by paying wages lost because of no transportation.
At the minimum, the other driver's insurance company should offer you the value of a rental car (even though you didn't rent one) as compensation for loss of use of your vehicle (the cost of a rental being the measure of what "loss of use" is worth).
Thanks for writing, and good luck.
Question
I was involved in a auto accident with a drunk driver, who hit me and left the scene of the accident.
He was caught by the police and they arrested him. When I got the police report, the car belonged to his girlfriend, who has Progressive Insurance. Which I never heard anything from them.
My question is, Is she responsible for my car being repaired, sence she owns the car.
He was caught by the police and they arrested him. When I got the police report, the car belonged to his girlfriend, who has Progressive Insurance. Which I never heard anything from them.
My question is, Is she responsible for my car being repaired, sence she owns the car.
Answer
You will never hear from any insurance company, unless you make a claim. Locate the "claims" phone number for Progressive with a Google (or other search engine) search, then call in to make a claim for your damages.
If your car will be in the shop for repairs, ask Progressive to put you in a rental car until the repairs are complete.
Please note that there is some possibility that Progressive may deny the claim. If the owner of the car says that her boyfriend did not have permission to drive the vehicle (i.e. was a "thief"), Progressive may deny the claim.
If that happens, you will need to make the claim against the driver's insurance, even though he wasn't driving a car that he owned.
If he doesn't have any auto insurance, you will need to make a claim against your own auto insurance policy, although there will be a deductible (a reduction of the benefits) when you use your own policy rather than the other driver or other owner. If you have uninsured motorist coverage, you can use that portion of your policy. If not, you can use your collision coverage.
If you only have liability coverage (which only protects you from claims filed against you by other drivers) and there is no other insurance, then you are in the worst case scenario and would have to try to collect your damages from the drunk driver.
Thanks for writing, and Good Luck with your claim.
If your car will be in the shop for repairs, ask Progressive to put you in a rental car until the repairs are complete.
Please note that there is some possibility that Progressive may deny the claim. If the owner of the car says that her boyfriend did not have permission to drive the vehicle (i.e. was a "thief"), Progressive may deny the claim.
If that happens, you will need to make the claim against the driver's insurance, even though he wasn't driving a car that he owned.
If he doesn't have any auto insurance, you will need to make a claim against your own auto insurance policy, although there will be a deductible (a reduction of the benefits) when you use your own policy rather than the other driver or other owner. If you have uninsured motorist coverage, you can use that portion of your policy. If not, you can use your collision coverage.
If you only have liability coverage (which only protects you from claims filed against you by other drivers) and there is no other insurance, then you are in the worst case scenario and would have to try to collect your damages from the drunk driver.
Thanks for writing, and Good Luck with your claim.
Question
I was in an accident a week and a half ago. II have been speaking to an attorney as well as the insurance company of the person who hit me. My question is, are there any websites I can go to and look up possible “settlement” offers? Like a 38 year old male, non-smoker, has the ability to live to 73 years old. Then there is a formula they use to come up with the numbers. I am 38 and received a scar on my forehead the size of a quarter. I also have limited lower back pain. I told the insurance agent that if he comes to my house on Monday and throws the right number at me, I will take it. If not, then the Attorney gets involved which he is trying to avoid. The ins company is Progressive. So, are there websites I can go to and plug in the facts and come up with possible “settlement” offers?
Answer
Yes, the government has placed their "life expectancy" tables on the internet, here: http://www.cdc.gov/nchs/fastats/lifexpec.htm
No, I'm not aware of a website where you plug in the facts and come up with a settlement demand. However, the insurance industry has such a program called "Colossus". The problem with their program is that it results in low settlement offers, or at least lower than many people are willing to settle for.
In general, the value of a personal injury claim depends on severity of the injury, duration of the injury, and economic harm resulting from the injury. A minor injury to an unemployed college student that gets well in two weeks is going to be evaluated differently from a permanent hand injury to a surgeon.
Let's look at your injury: Your wreck was only a week and a half ago, and you are already trying to settle. I suggest that you are going too fast. If you are still having back pain, you should not settle yet. You are not well, and if you are not well, you don't know the full extent of your damages.
I know that's not what you want to hear, but too many people rush to settle then later find that they need a back surgery. That is why insurance adjusters rush to settle cases (where there is clear liability) before an attorney gets involved and urges the injured person to slow down and make sure they are well before attempting a settlement.
I hope you make a full recovery. Best wishes, and thanks for writing.
No, I'm not aware of a website where you plug in the facts and come up with a settlement demand. However, the insurance industry has such a program called "Colossus". The problem with their program is that it results in low settlement offers, or at least lower than many people are willing to settle for.
In general, the value of a personal injury claim depends on severity of the injury, duration of the injury, and economic harm resulting from the injury. A minor injury to an unemployed college student that gets well in two weeks is going to be evaluated differently from a permanent hand injury to a surgeon.
Let's look at your injury: Your wreck was only a week and a half ago, and you are already trying to settle. I suggest that you are going too fast. If you are still having back pain, you should not settle yet. You are not well, and if you are not well, you don't know the full extent of your damages.
I know that's not what you want to hear, but too many people rush to settle then later find that they need a back surgery. That is why insurance adjusters rush to settle cases (where there is clear liability) before an attorney gets involved and urges the injured person to slow down and make sure they are well before attempting a settlement.
I hope you make a full recovery. Best wishes, and thanks for writing.
Question
A CAR PULLED OUT IN FRONT OF ME I HAD NO WHERE TO GO. I HIT HIM TOTALED MY CAR AND HIS. WAITING ON ACCIDENT REPORT. HE WAS CHARGED. I AM BRUSED AND HAVE STRAINED MUSCLES. WHAT DO I DO NEXT? NO CAR. I HAD ONLY LIABILITY. I KNOW NOTHING AT THIS POINT ABOUT HIM.
Answer
1) Get the medical care that you need.
2) Call the investigating officer while you are waiting on the Accident Report. Ask him for insurance info of the other driver.
3) Research the Fair Market Value of your totalled car.
4) Contact the other driver's insurance company. Request payment for your car, plus tax, title and license, and a rental car while you are waiting for the check to arrive. Tell them you will get back to them later on your personal injuries. (You may settle your property damages claim and your personal injuries claim separately.)
If you find that you need help, contact an experienced personal injury attorney in your city.
Hope this gets you started.
2) Call the investigating officer while you are waiting on the Accident Report. Ask him for insurance info of the other driver.
3) Research the Fair Market Value of your totalled car.
4) Contact the other driver's insurance company. Request payment for your car, plus tax, title and license, and a rental car while you are waiting for the check to arrive. Tell them you will get back to them later on your personal injuries. (You may settle your property damages claim and your personal injuries claim separately.)
If you find that you need help, contact an experienced personal injury attorney in your city.
Hope this gets you started.
Question
My question is for my son and his fiance'. Last May she was rearended while she was stopped waiting to turn left . She was driving a large suv a Toyota 4 Runner . She was hit so hard by a tractor trailer that he flipped her vehicle over end to end she was partialy ejected from the vehicle dragged down the highway several feet . She had to be flown from the scene for the injuries to her arm her medical bills are over 20,000 and she still has not been paid for her vehicle and no one is accepting blame for the accident . The truck driver was driving for a company who owned the trailer the rig was owned by yet another company and the driver was insured by another each passes liability to the other in the meantime her credit is ruined she has no car she needs scar revision and has received nothing to cover these expenses which were clearly someone elses fault . She has hired an attorney ha ha who tried to get her to settle for 20,000 before his cut and other than that he seems to be doing nothing . My questions can she fire him , does she have to pay him ,if so how much ,and do you think that is what she should do ,or do you have a better suggestion . We live in Ky .
Answer
While the truck driver may be "independent" and the trailer has different insurance, that might not be a barrier to recovery. Claims need to be made against all available insurance, if the first layer of coverage is inadequate.
The first thing to determine is whether the truck is "in interstate commerce". In other words, this is a long haul truck that goes from state to state. If so, the company that "leases" the driver to pull the trailer IS responsible. If this is NOT an interstate truck, then state law in Kentucky will govern.
Here is a website that I refer to when seeking information about a particular interstate "carrier" of goods:
http://www.safersys.org/
If no one will settle for a reasonable sum, it is time to file a lawsuit against the driver, his employer, or the company that "leased" the driver and his tractor.
My suggestion would be for your son's fiancee to ask her attorney when or if he is willing to file suit. If he is not, then ask that he release the file to her so she can hire a Trial Lawyer. Her original attorney may still be entitled to a fee on the offer he has obtained for her, but he should be willing to wait to be paid until the Trial Lawyer finishes the case.
I don't have a friend in Kentucky, but if your future daughter-in-law can't find a Trial Lawyer, let me know what town she's in or what the closest large city is. Also, I will need to know the name of her current lawyer.
I write the above with hesitancy because I never like to suggest that people terminate a relationship with their lawyer, so instead I have suggested that she ask a specific question: Are you willing to file suit, and if so, when? I expect that the answer is "no". That is why the attorney is pushing a $20K settlement on a case that is worth more.
Thanks for writing, and Best wishes.
The first thing to determine is whether the truck is "in interstate commerce". In other words, this is a long haul truck that goes from state to state. If so, the company that "leases" the driver to pull the trailer IS responsible. If this is NOT an interstate truck, then state law in Kentucky will govern.
Here is a website that I refer to when seeking information about a particular interstate "carrier" of goods:
http://www.safersys.org/
If no one will settle for a reasonable sum, it is time to file a lawsuit against the driver, his employer, or the company that "leased" the driver and his tractor.
My suggestion would be for your son's fiancee to ask her attorney when or if he is willing to file suit. If he is not, then ask that he release the file to her so she can hire a Trial Lawyer. Her original attorney may still be entitled to a fee on the offer he has obtained for her, but he should be willing to wait to be paid until the Trial Lawyer finishes the case.
I don't have a friend in Kentucky, but if your future daughter-in-law can't find a Trial Lawyer, let me know what town she's in or what the closest large city is. Also, I will need to know the name of her current lawyer.
I write the above with hesitancy because I never like to suggest that people terminate a relationship with their lawyer, so instead I have suggested that she ask a specific question: Are you willing to file suit, and if so, when? I expect that the answer is "no". That is why the attorney is pushing a $20K settlement on a case that is worth more.
Thanks for writing, and Best wishes.
Question
Hi...I was in a really bad car accident...I was a passenger in my fiance's grandmother's car...a 17 year old boy ran a stop sign going an estimated 60-70mph...I was also pregnant at the time...I had a bad head injury and my placenta abrupted causing me to have to have an emergency c-section...it turns out that my son had a chromosome problem and he ended up passing away a month later...the official cause of death was the chromosome problem...however my son had to go through so much because of the accident and so did I...I feel that he possibly could have had more time with us if it wasn't for the accident...there is $500,000 insurance available and Gavin's (my son) hospital bills alone went over that amount...the insurance guy is saying that I don't need to get a lawyer because he will just do the same things that the insurance guy has to do but the lawyer will take one third of what I get...also it is taking forever for them to get things figured out...I think I deserve a lot of compensation for this accident and what i went through and had to watch my son go through...also the kid that his us didn't get in trouble at all...he didn't even get a ticket!...I was wondering if there was anything I can do about that also...is there any advice you can give me on any of this?...
Answer
Words are inadequate, but I am sorry for your loss.
Your injuries and the medical bills for emergency birth of your son are compensable. I suggest that you locate an experienced personal injury attorney in your area. Why?
Insurance adjusters are taught to say, "You don't need a lawyer, because he'll just get one-third of what I was going to pay anyway".
The truth is that those who are unrepresented by an attorney in serious cases get far less in settlement than those who are represented, even after paying the attorney. Time after time I have been approached by people who were told by the adjuster that no attorney was necessary, but the adjuster then failed to make an adequate and fair settlement offer. Personal injury attorneys, at least the ones I know, are proud to "earn their keep" by getting good settlements and judgments for clients that exceed what the adjuster was willing to pay at the beginning.
It is worth it to talk to a personal injury attorney in your area. I hope you will give one a call.
Disclaimer: There is no attorney-client relationship formed nor any obligation when you communicate with me. While I do represent accident victims in the Houston-area, my clients sign a written contingency agreement at the time that I am hired. If you have not signed any such agreement, I don't represent you and I am not your attorney.
Your injuries and the medical bills for emergency birth of your son are compensable. I suggest that you locate an experienced personal injury attorney in your area. Why?
Insurance adjusters are taught to say, "You don't need a lawyer, because he'll just get one-third of what I was going to pay anyway".
The truth is that those who are unrepresented by an attorney in serious cases get far less in settlement than those who are represented, even after paying the attorney. Time after time I have been approached by people who were told by the adjuster that no attorney was necessary, but the adjuster then failed to make an adequate and fair settlement offer. Personal injury attorneys, at least the ones I know, are proud to "earn their keep" by getting good settlements and judgments for clients that exceed what the adjuster was willing to pay at the beginning.
It is worth it to talk to a personal injury attorney in your area. I hope you will give one a call.
Disclaimer: There is no attorney-client relationship formed nor any obligation when you communicate with me. While I do represent accident victims in the Houston-area, my clients sign a written contingency agreement at the time that I am hired. If you have not signed any such agreement, I don't represent you and I am not your attorney.