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Will I need an attorney and what if I can't afford one?

Asked over 2 years ago - Seattle, WA

I was in an auto accident and got a whiplash and seatbelt injuries. The other party ran a red light so it ends up that I t-boned them but they were not injured. Also I was driving a friends car that happens to be uninsured. The vehicle is totaled now. I have not seen the incident report, but how do I go about in getting information of the other parties insurance? Who will be liable if in the incident report does not submit who is at fault?

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Attorney answers (4)

Thuong-Tri Nguyen

Reputation Level 20

Answered over 2 years ago. Family Law Attorney in Renton, WA.

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If you have insurance, you should check whether that insurance covers you when you drive someone's car.

That the other driver ran a red light is a violation on that driver's part. However, that does not mean that you may not end up being found to have some responsibility for the collision. Each driver has an independent duty to drive safely. That another driver is driving unsafely is not a license for a driver to run into that other driver.

The Department of Licensing may start proceedings to suspend your driver's license if its reviewers believe you bear some responsibility in the collision. WA requires a vehicle's operator to have a minimum level of liability insurance.

If you have insurance coverage, your insurance company will hire an attorney to defend any insurance claim against you. Otherwise, you have a choice of hiring your own attorney.

You can review your specific facts with your attorney.

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Christopher Lee Thayer

Reputation Level 10

Answered over 2 years ago. Litigation Lawyer in Seattle, WA.

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You probably should have an experienced personal injury attorney review this matter with you. Most personal injury attorneys offer a free initial consultation (as I do). Additionally, most personal injury cases are handled on a contingent basis, meaning that you don't owe any attorneys' fees unless there is a recovery or award. You would be responsible for any costs, however. You have the right to request a copy of the police report. The police's determination of fault for purposes of possible traffic infractions is not dispositive of potential civil liability, but it can be helpful in understanding the circumstances. You may find my website helpful in understanding your rights.

Chris Thayer Seattle Personal Injury Attorney

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Alexandra A Filutowski

Reputation Level 10

Answered over 2 years ago. Car / Auto Accident Lawyer in Seattle, WA.

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As mentioned above, there may be an issue in apportioning fault, since you T-boned the vehicle. To help resolve this issue, hopefully there were witnesses, and hopefully they provided favorable statements to the police officer (e.g., that they saw that the other driver had a red light, and/or that you had a green light).

The responding police officer should have given you an incident report number. Call the corresponding department and request the report. The name of the other vehicle's driver and his/her insurance company information should be listed.

If you encounter obstacles with the other driver's insurance company's claim adjuster, you should consult with a personal injury attorney.

Personal Injury Attorney Consultation

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Lars A. Lundeen

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in Rutland, VT.

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Although the car you drove did not have insurance, do you have your own car with your own insurance? If you do, there is a good chance that you have liability coverage and perhaps uninsured motorist coverage for this incident. You should report this matter to your own automobile liability insurance carrier.

The police traffic accident report should list the other drivers information and insurance carrier etc.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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