Your girlfriend and baby likely have a right to sue your insurance for negligence, so they need lawyers. You hitting the tree is likely your fault, so I doubt you have a way to sue for your injuries but you may still have a claim if you were smart and carried med pay on your insurance. In any event, to be safe, you should see a lawyer too. But I suspect their claim is far stronger than yours. As for your vehicle, if you're at fault, you get paid nothing unless you carried full coverage.
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Somebody was responsible for the tree, either a public entity or a private person or entity, and there may be liability for failure to maintain the tree, clean it up, etc. If a public entity was responsible, there may be special statutes of limitation that require you to take legal action within a short period of time, so you should contact an attorney immediately to evaluate your rights both for the property damage and the injuries.
I agree with Attorney Rosenthal. The tree did not move to the road by itself. Hire a PI attorney and sue the city, County, State and or the owner of the property next to the road. Hurry up because there are very short Statute of Limitations, Best of luck.
This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
The tree didn't just fall out of the sky. Find out where it came from, and have a personal injury lawyer go after the insurance policy on the property. Good luck.
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I would need to know a little more about how the car accident in Augusta, Georgia happened & whose fault it was. I would be happy to speak with you if you would like. I can be reached @ (404) 303-8875. Thx so much & I hope you feel better.
Sam Levine, Esq.
Our firm is located in Augusta and also has an office in Evans. We can assit in investigating the facts of the case to determine how to pursue any claims for compensation. Please fee free to give me a call at (706) 869-1334 to discuss the matter further.
You likely have a right to recover from the property owner who owned the tree. Your girlfriend and baby also, in addition o the cause of action against the tree owner, may have a right to recover from you, not your insurance company (it's important to know that they will have to sue you to get the insurance money, but it's also important to know that insurance companies are not sued directly for the negligence of their insured, in most cases). They may also be entitled to compensation from their own insurance company for uninsured or underinsured motorist coverage. It's important that you and your girlfriend both get attorneys.
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