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Do I still have a fighting chance?

Portland, OR |

I was hit by a semi truck. I was stopped at a red light waiting for it to turn green, and when it did I started to go straight as no one was in the intersection.. I had a lawyer for my case but he just called me to tell me that my insurance company is finding me at fault because my witness said the other driver was at the crosswalk when I had the green light to go. Mind you not in the intersection but at the crosswalk where most people stop when there light is green and so my insurance company has said I should have yielded.. I can't see a logical reason for geico to think that, but however my lawyer said there is nothing he can do sense its my insurance who is finding me in fault.. I don't agree with geico's findings and I don't want to just except this when I don't feel it's my fault

Attorney Answers 7

  1. Best answer

    I would think that most personal injury attorneys would agree that you should still have a chance to prove your case. I disagree that there is nothing that can be done even though your own insurance company believes it is your fault. I would be interested in reviewing the police report and the witness and party statements, as well as examining the intersection and property damages. Most personal injury attorneys offer a free initial consult. I would suggest that you meet with your attorney face to face to discuss the evidence and your frustrations.

  2. Without reviewing the entire case file, no one can say what your chances are of success in any particular claim. If your attorney thinks nothing can be done, you're entirely free to seek a second opinion, or a third. But if you consult with a large number of attorneys and they all agree that your chances are not good, then that consensus is likely indicative of the true strength of the case.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: | Online:

  3. The determination of fault by your insurance company is not binding in a court of law and will not prevent you from making a claim for any out of pocket property damage and, if you were hurt, any past and future medical expenses, lost income and pain and suffering caused by the collision. Your lawyer is right that it is GEICO's right to make its own liability determination. Your insurance policy may give you the right to appeal the decision.

    Good luck.

  4. I agree with the above answers - you may still have a case. Talking to more Portland injury attorneys could help you get an idea what your options are, and most offer free consultations. If you decide to try and hire another attorney, your new attorney can help you investigate and perhaps talk to other witnesses.

  5. Get a more aggressive lawyer. Contact of the lawyers in your state who answered above.

  6. This doesn't surprise me. As a member of the Oregon Trail Lawyers Association I have seen reports of some crazy tactics and positions that Geico is taking to defend personal injury cases. Geico's opinion is not binding on anybody. Get another lawyer.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

  7. You have a right to have a lawyer who will work with you to pursue the justice you deserve.

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