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Police report found neither party at fault and no witness

Rockford, IL |

I was involved in a MVA in July. The police report found neither party at fault and there was no witness. We were not injured, but the other party might be seriously injured. My insurance adjuster can not get the other party's statement and said that they have a witness now. It has been 2 months and we have not heard anything from other party. what can we do now if we don't have any witness to our case?

Attorney Answers 5

Posted

You were a witness, as was the other party, who will eventually be able to describe the events, hopefully. In the meantime, let the insurance company handle it--there really is nothing for you to do. That is why you have insurance.

Do not talk to anyone about this and do not discuss how it happened except with the insurance carrier and any lawyer assigned by them.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

Determine your limits of coverage.

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3 comments

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Find out how much you are covered for to see if there is possible personal exposure. If so, get a personal lawyer.

Asker

Posted

Hi, what is personal exposure? My coverage is 100/300. I am afraid that it might over my coverage limit since people told me that the person might be serious injured. What happen if it is over my coverage limit? I am a college student. Would it go after my post graduation salary in the future?

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

See my answer below (which was posted on the "other" question you posted). First of all, you are on the right track as far as what to be concerned about. Unfortunately, as Attorney Goldstein points out, we are not offering legal advice, only information, and this site is not set up for in depth analysis. That said, you really don't have any idea how badly the other driver was injured, whether they will pursue a lawsuit, or what other insurance coverage is available. Let's say, just for argument sake, that the other driver more or less claims it's all your fault. Let's go further and say his injuries are truly catastrophic-say far more horrible than $100K could ever compensate. What would happen? Well, your carrier, assuming their investigation bore this out, would pay over the policy limits. It might take a lawsuit, it could take years, and it might also happen with just an insurance claim. It depends on the company, the injuries, the determination of fault, and the individual adjuster, as well as the claimant. A gazillion factors are considered. Now, let's say you have no other coverage and your cousin had no other coverage. What would happen then? A couple things might occur. The other driver may have higher coverage than yours (it would have to exceed your policy limits), called Underinsured Motorist Coverage. They could, in theory, recoup as much as the difference between your limit and their limit. Let's say they had UIM coverage of $500K, then there may be as much as $400K additional available to compensate them. Well, it's possible they have coverage for UIM that is less than or equal to your limit. In that case, there is nothing available. There may be an option of pursuing the insurance carrier of your cousin too. Finally, let's assume that after all this analysis, and assuming there is no question about fault for the accident, there is no other coverage than what your policy offers, then the claimant could potentially go after you, try to get a judgment against you personally, and could try to collect that via wage garnishment or other avenue. While it is possible your personal assets are exposed, there is no reason to worry at this point. What I would do is keep in contact with your carrier, ask these questions to them, find out if your cousin had other coverage, and even check to see if anyone else who might have insured that vehicle you drove might have had available insurance coverage. Lastly, personal bankruptcy might be an option. Keep in mind that percentage of fault would potentially reduce amounts due. Let's say the person had a broken arm and surgery and the case might be worth $100K but that they were at least 50% at fault? Well, then if a jury determined that, you'd owe nothing. It's comparative liability and it's confusing, but basically, you are not at fault if the other party is more than 50% at fault for their own injuries. If they are less than 50% at fault, that % determined by the jury is used to reduce the award. Yes, confusing, lots of insurance law, and even math, all to add to your stress. However, if you talk to your carrier, they will likely guide you through this and give you helpful information. If you do feel at risk, get a personal lawyer. I hope this works out in your favor. Stephen L. Hoffman Law Office of Stephen L. Hoffman LLC Chicago, IL 773-944-9737 Email: stephen@hofflawyer.com Website: www.hofflawyer.com Blog: www.hofflawyer.com/blog/

Posted

Unless you feel there is a reasonable possibility of finding any other witnesses, e.g., canvassing a neighborhood, then there's not much you can do but cooperate with your insurance company. it will attempt to settle any claim within your insurance policy limit and, if you are sued, will provide an attorney to defend the case. You can direct any questions to the insurance company in the meantime.

Good luck.

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Posted

First of all the police did not witness it. They cannot testify about any opinion as they are not accident reconstruction experts. Therefore it is your word against their word. Good luck

Contact local consel

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Posted

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