I was involved in an accident this morning in which a vehicle in the right hand lane making a right hand turn swerved into the left hand lane in front of me (making a "wide" turn, I suppose) and though I tried to stop, I hit the left side of their rear bumper with my motorcycle. The driver claims he did not drift into the left lane at all. A witness said that while she did not see the accident (she was traveling two cars behind me- the car behind me at time of accident did not remain at the scene), she knows I was in the left lane and not going fast prior to the accident. There was no damage to the vehicle I hit (only a few marks on the plastic of the bumper), but approx. $1500 in damage to my bike. Police did not issue any tickets or place fault on either party at the scene.
That is certainly a tough case. You didn't mention any injury and if you only have property damage, you will probably not be able to find an attorney to assist you. I would suggest if you believe that you were not at fault and if you don't have insurance to pay your property damage that you bring suit in the magistrate court in the county in which the other driver lives.
The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.
Brain Injury Lawyer
Yes you have a possible case, but, proving is could be difficult. It will be your word against the other driver's word. You should report the incident to your carrier and to the other driver's carrier stating your case.
Report the incident to your insurance carrier. Give them all of the information, including witness names and phone #s. Let your insurance company deal with the other driver's insurance company.
Personal Injury Lawyer
Report the crash to your insurance company and given them the name of the witness. This is a hard case.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Simply report the accident to your insurance company, and they will resolve this.
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