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William Matthew Davoren

William Davoren’s Answers

4 total

  • If I am rear ended but the police report is not in my favor, and now my insurance co decides to deny any of my liability...

    If later an injured passenger in the other car sues me, can I 'urge' my insurance co to offer to settle it within my coverage limit? (I don't think I am at fault, but say I just prefer a quick settlement to move on...) If my ins co insists that I ...

    William’s Answer

    Under the terms of your automobile insurance policy, your carrier most likely retained sole discretion to investigate, settle or defend your case. Given this discretion, many court's have found that insurance company's owe their insureds a duty of good faith and fair dealing, and a responsiblity to exercise reasonable care in evaluating and resolving cases within their insureds' policy limits. You need to contact personal counsel at your earliest opportunity as they will be able to review your insurance policy, the facts of your case, and advise you as to your best course of action.

    Good luck.

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  • Driver did not have insurance but the reg. owner had insurance ...will owner's insurance company take the responsibility?

    Driver did not have insurance and he as suspended driving lic. at the time of accident. but the reg. owner of that pickup truck had insurance ...will owner's insurance company have to take the responsibility even if we sue just the driver and not...

    William’s Answer

    You should contact your attorney immediately and direct these questions to him or her as your attorney is in the best position to explain the actions taken on your behalf. in many cases, the owner's insurance company will provide indemnification and defense to an individual who was driving the owner's vehicle with the owner's permission and consent. Good Luck!

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  • Can I sue a glass factory for a fall on there property

    In dec 09 I fell at a glass factory delivering a load in a 18 wheeler, it was in michigan and the had alot of snow and bad weather and never took care of the lot and was thick sheet of ice. I was recieving workers comp- thill feb and they said I...

    William’s Answer

    You are going to want to contact an attorney who specializes in personal injury litigation in Michigan. Each state has a statute of limitations which governs the time period for bringing an action for personal injuries. Additionally, there may be notice requirements if the property where you fell was controlled by the State of Michigan, or a municipality.

    A Michigan attorney will be able to appropriately advise you of the time limits for commencing your action and advise whether you are/were required to give notice of the potential claim for personal injuries as a result of the accident. He/She will also talk with you about the facts of your accident and identify whether you have a viable claim against the party or parties who controlled the property where you fell. Among other things, the Michigan Attorney will be interested in the the dangerous condition that caused your fall, whether the owners/controllers of the property knew of the dangerous condition, the weather conditions on the date of the accident, the names and addresses of witnesses to the dangerous condition and your accident, and whether it was actually snowing or precipitating when you fell.

    You are also going to want to contact a workers' compensation attorney for the State where you are/were receiving workers' compensation benefits. You may be able to compel your workers' compensation carrier to provide you with additional medical treatment and benefits that you need because of your work related accident. You also will want to identify whether your workers' compensation carrier is entitled to intervene in your personal injury lawsuit and claim a right to be reimbursed for any benefits paid to date.

    I would contact both attorneys at your earliest opportunity.

    Good luck!

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  • I was in a motorcycle accident. The driver of the pickup truck had an overload, was unable to stop at the stop light and hit me

    I was taken to emergency, no broken bones and my bike was totaled. His insurance says they cannot settle anything until they interview him and they have 40 days; it has been 23 days. They have been unable to contact him. What are my rights now ...

    William’s Answer

    You are going to want to talk with an attorney who is licensed to practice law in the state where your motor vehicle accident happened at your earliest opportunity. Most personal injury attorneys will speak with prosepective clients over the phone and do not charge for the initial consultation. However, I do not practice in Texas so I am not able to advise you as to the particulars of Texas law.

    In New York and Connecticut, most personal injury cases are handled on a contingency fee basis which means that the client does not pay the attorney unless the attorney is able to negotiate a settlement or obtain an award from a jury or a neutral arbitrator.

    In your case, I would also urge you to contact your insurance company to report the accident because you may be entitled to have your own insurance company compensate you for the damage to your motorcycle. Your insurance company may also be required to provide you with a rental vehicle during the time that your motorcycle is being repaired. The key to whether your insurance company will compensate you for the property damage that you sustained will be whether you purchased coverage for your own property damage and loss of use of your motor cycle. The coverages that I am speaking about should be set forth in the declarations page for your motorcycle insurance policy and in the insurance policy itself. If you don't have a copy, you can call your agent and request one.

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