Ben Frank Abbott's Answers

Rental car totaled in accident where I was not at fault. What should i expect to have to cover?

In an accident that is not your fault, there are several sources of payment. First, the other person is legally responsible for your medical bills, as well as your other damages (pain & suffering, physical impairment, disfigurement, and loss of earning capacity). The other person's insurance company will make one lump settlement for all your damages. They will not pay for any one medical bill without settlement of the entire case. Once you have completed medical treatment, you should...

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Can I reopen an auto insurance case if the insurance company never gave me a setlement?

The law is that if you are under 18 when you are in an accident, you have two years past the date you turn 18 to sue. Here, you say that a suit was filed while you were under 18. You will need to get a copy of that suit. If your parents sued on their behalf to recover what they paid in medical bills, then their claim is over, but you can still bring your case for your injuries and medical bills in the future. Your best course would be to hire a local attorney now. He can request a...

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What can be done in a personal injury case if the defendants file for bankruptcy w/o filing a claim with their insurance co.?

You sue them. They move to stay. You move to lift stay and the case goes forward to trial. Happens all the time. Call me Monday. 972 739 6445

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Accident during lane change...

The truck that lost control is partially at fault. The person that rear ended you is also at fault. if you hire an attorney to handle this case, they should be able to make each of these at fault drivers pay, possibly each would pay an amount such that you recover in excess of 100% of your damages. Good luck.

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Will I be responsible for everyones medical bills if I'm at fault for an auto accident?

You are only responsible for another's damages if you were "negligent". It is the other person's responsiblity to prove you were negligent. We generally find "negligent" to be failure to take reasonable precautions to keep other safe. If you were negligent, you are responsible for the other person's medical bills that they have paid or incurred. You will also be responsible for other damages, such as property damage, loss of use of their car, lost earning capacity, as well as anguish,...

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My newly licensed daughter rear ended a vehicle and I am being sued, what can happen?

You may well have nothing to worry about. When your insurance company paid the other person, they probably required the claimant to sign a complete release. Call your insurance company to see if this person signed a release in exchange for the $10,000 settlement. If that happened, they you and your daughter are released from liability.

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What's the most important thing to look for when hiring a personal injury attorney?

The ability to try a case to a jury verdict and to win you a lot of money.

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Am I supposed to pay for Stolen loaner car?

I don't see why you you would be responsible for their car. You didn't promise them that you would be responsible. You were not negligent in caring for this car. Rather this is a criminal act of a third party. I would fight this one.

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A car crashed into my car in the back

You did the correct thing by seeking medical treatment immediately after the accident. Generally, the emergency room will give you discharge instructions, telling you to follow up for therapy if the pain continues. As your pain is continuing, you will need to follow your doctor's orders and go to your usual family doctor. He will usually give you pain medications and order you to have therapy. If you dont have the means to pay for this, often an attorney can refer you to medical providers...

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Somebody hit my car and run, the police found the person but she gave the officer a cancelled insurance policy.

You will need to advise your insurance company of these facts. You can get your own car repaired under the collision portion of your policy. In addition, you may be a lower deductible by filing under your uninsured motorist bodily injury coverage. The good news that that if your own insurance company recovers, they will forward your deductible to you.

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