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Timothy R. Miley
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Timothy Miley’s Answers

13 total


  • Can i sue the car dealership after my tire fell off an hour after purchasing the vehicle?

    i purchased a ford exploer an hour and a half away from where i live. on my way home with it on the highway, with my 2 small kids in the back, it starts really shaking. a few minutes later when switching lanes it started to swerve really bad and a...

    Timothy’s Answer

    Have the dealership fix all damages. Thankfully, neither you nor your kids were injured. I bet the dealership may also give you something for aggravation, annoyance, and inconvenience for having to spend the time repairing/addressing this matter.

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  • My son hit a golf ball that flew into a car that was driving by the golf course. He admitted that he did it accidentally.

    Our insurance says that it is not covered under our auto or home insurance. Does that mean we are liable for the entire cost of the repair? If his insurance covers it, are we only responsible for the deductible that the driver would have to pay? ...

    Timothy’s Answer

    Get a certified copy of your homeowner's insurance policy and read it carefully. I am surprised that it would not be covered unless there is a specific exclusion for the activity in which your son was engaged. However, assuming that you (or your son) DON'T have insurance coverage for this incident, your son is responsible for the entire cost of the damage caused by the golf ball. Thankfully, no one was injured.

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  • Our daughter was a passenger in a one car auto accident a few weeks ago. She is unable to to back to work. My question is.

    Can our daughter receive payment for lost wages from the drivers insurance company?

    Timothy’s Answer

    Generally, when a person is injured in a car accident and it wasn't their fault, then the "at-fault" driver is responsible for all of the harms and losses that the injured person sustains. Given the limited facts of your situation, it would appear that your daughter is entitled to recover her lost wages that were caused by the accident of which you speak. Missing work and not able to ever go back to work are two different scenarios. Is your daughter only going to miss work for a limited period of time, after which she will be able to return after her recovery? Or, is your daughter permanently injured and will never be able to return to the work she did prior to her being injured? You ought to contact a lawyer because there may be serious consequences to her being injured that you have not fully considered.

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  • I totaled a rental car, declined the insurance, and did not have my own insurance. Am I responsible for all damages?

    I hit a deer with a rental car. I declined the insurance offered by the company and they did not ask for proof of insurance. I do not have insurance currently. They are telling me now the car is to be salvaged. Am I responsible for all damages?

    Timothy’s Answer

    Yes. You needed to have either insurance of your own, or to have purchased insurance from rental agency in order to have coverage for this type of event. As it stands now, it appears that you will be liable for the damage to the vehicle.

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  • When trying to receive monetary damages from a car accident, will the victim's personal life be investigated?

    I have a relative who was rear-ended in a car accident. He is claiming a shoulder injury from the accident, which I have heard he has had since childhood. He was given a settlement by the other party, which was refused in order to seek more "medic...

    Timothy’s Answer

    If the insurance company cannot settle your relative's claim and there is a suit filed, there is a good chance that his personal life will be investigated. This could be through the use of video surveillance, interviewing friends, co-workers, or family. Also, they will likely request all of his prior medical records so that the Ins. Co. can determine if his current claimed injuries resulted in the car-accident at issue or whether his current claimed injuries pre-dated the accident. In any case, if your relative is honest about what his condition was like prior to the accident and how the injuries from the accident have affected his life, he should be okay.

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  • FALSELY ACCUSED OF HITTING MY NAIGHTBORS CAR

    MY NAIGHTBOR CAME TO MY HOUSE SAING THAT I HIT HER CAR , BUT I DIDN'T. SHE SAY THIS HAPPEND MIDNIGHT SATURDAY BUT SHE CAME THIS MONDAY ...

    Timothy’s Answer

    I think you are much better off denying this woman's claim and I would further recommend calling the local law enforcement agency and reporting her false claim. She most assuredly will call the police if you deny her claim and you want to "beat her to the punch."

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  • Can i just pay for my insurace fee then show insurance for my car instead of the car in th e accident to get my liscense back?

    can i just pay for my insurace fee then show insurance for my car instead of the car in th e accident to get my liscense back?

    Timothy’s Answer

    Your question is unclear. Can you restate your question or give additional information.

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  • If I was in an accident without insurance, should I be sued.

    I am uninsured and i was hit in an acciden that was not my faul. I am being threatened to be sued because they see me at fault because I did no have insurance. Is this the way it works?!

    Timothy’s Answer

    Fault for an accident is based upon the facts and circumstances surrounding the occurrence, not on whether a driver had insurance. Even though many (if not all) states require you to have insurance (and failure to have it may cause you to be cited for that failure), the lack of insurance should have no effect on fault for an accident.

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  • Am I entitled to a settlement from an accident I had a year ago?

    I was drivin down a (posted 55 mile per hour) highway at 60 mph, when I came upon a car sitting in the road. The car had no lights, tail, brake, signal at all. They turned to the left and I hit them as I went into the passing lane.

    Timothy’s Answer

    It is difficult to answer your question without more facts. However, in WV you need to sound your horn when passing somebody. Failure to do so may impose liability on you if other person can show that accident would not have happened if you had done so. Also, it appears you were exceeding the speed limit. If this is that case, the other party will/may contend that your speed was a contributing factor to the accident. Conversely, if the other party was making a left hand turn without a signal, they may also be partially at fault. As you can see, there are many factors that need to be explored in order to determine whether you are entitled to compensation for this collision. Also, you need to determine what the statute of limitations in Arkansas is for pursuing a claim like this. In some states you only have 1 year from the date of the accident in order to file this type of claim. In other states, you have more time.

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  • Will it be the responsbilty of the other insruance company to provide me with a rental car when it was the others fault?

    Need laws and limitations for the state of Illionois.

    Timothy’s Answer

    In WV, the short answer to your question is that, yes, the other driver's insurance company will ultimately be responsible for providing you with either a rental car, or payment for the cost of a rental vehicle, until yours is fixed or until you have had a reasonable amount of time to search for a new vehicle if yours was a total loss. To be clear, however, the other insurance company can wait (and they often do) to pay you for a rental car at the time it settles your entire claim. However, that may not occur until some time down the road. It's best to check and see if your policy provides rental coverage so that you are not left without a rental vehicle for any amount of time.

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