Timothy R. Miley’s Answers

Timothy R. Miley

Clarksburg Car / Auto Accident Lawyer.

Contributor Level 10
  1. Can i sue the car dealership after my tire fell off an hour after purchasing the vehicle?

    Answered about 3 years ago.

    1. Randall L. Rozek
    2. Christian K. Lassen II
    3. Timothy R. Miley
    3 lawyer answers

    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.

  2. 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.

    Answered about 3 years ago.

    1. Christopher Ryan Dixon
    2. Martin Wade Hodges
    3. Timothy R. Miley
    3 lawyer answers

    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.

  3. 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.

    Answered almost 4 years ago.

    1. Eric Edward Rothstein
    2. Jonathan Craig Reed
    3. Lars A. Lundeen
    4. Timothy R. Miley
    4 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. Donald Solomon Nathan
    3. Timothy R. Miley
    4. Andrew Daniel Myers
    4 lawyer answers

    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.

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

    Answered almost 4 years ago.

    1. J Stanford Morse
    2. James Cannon Huber
    3. Timothy R. Miley
    4. Andrew Daniel Myers
    4 lawyer answers

    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...

  6. FALSELY ACCUSED OF HITTING MY NAIGHTBORS CAR

    Answered almost 4 years ago.

    1. Jonathan Adam Jamieson
    2. Lars A. Lundeen
    3. Timothy R. Miley
    3 lawyer answers

    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."

  7. 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?

    Answered almost 4 years ago.

    1. Lars A. Lundeen
    2. Nima Taradji
    3. Timothy R. Miley
    3 lawyer answers

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

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

    Answered almost 4 years ago.

    1. Randy Grossman
    2. Paul Jason Vames
    3. Timothy R. Miley
    3 lawyer answers

    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.

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

    Answered almost 4 years ago.

    1. Andrew Daniel Myers
    2. Nima Taradji
    3. Timothy R. Miley
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. Stephen Samuel Messutta
    3. Andrew Daniel Myers
    4. Timothy R. Miley
    4 lawyer answers

    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,...

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