As I was leaving a banking institution, a car cut me off resulting in a slight dent on their car, and tiny scratches on my car. The other car called the police. I gave her my name and number, stated I'd pay for the expenses, and left. I returned t...
My initial thoughts -
If the cost to repair the very minor damage was reasonable, it appears that you would want to pay it yourself and eliminate the chance of being surcharged by your insurance company. You may still be able to avoid a surcharge even if you report the accident - and I would advise you to report the collision to your insurance company.
First, when reporting the collision, explain to the claim rep that you were cut off and that you do not believe you caused the accident, Instead, the motorist who cut you off actually caused the accident. If, after investigating the claim, that is, speaking to the operator of the car involved in the collision and any witnesses, your insurance company might conclude that you are less than 50% at fault. If it does, you will not be surcharged.
There is another way to potentially avoid paying a surcharge - even if you are initially found to be 50% or more at fault. You would have to appeal the initial finding. Typically, when one appeals a surcharge in MA, he or she would be given more of an opportunity to present the facts and circumstances of the accident, including presenting a diagram of how the accident occurred, as well as providing photos of the area. Good luck with whatever you decide to do. Attorney Peter Bellotti www.bellottilaw.comSee question
I sustained very serious personal injury & a family member / lawyer is generously handling insurance / suit against other parties, though she hasn't expressed interest in suit against a direct and prominent party responsible for my injuries. Whil...
Attorney Roswold makes some good suggestions. You are asking some very good questions - but questions that should be posed to the attorney representing you. You should make a list of the questions that you currently have, contact your attorney and schedule a meeting with her. Once your attorney has given you an overview of the entire process you will have a better understanding of you case. Given your inquiry, below are some suggestions of questions that you might consider asking:
- who are all the liable (responsible) parties to the accident?
- will they all be pursued?
- what is the insurance coverage, if any, for each vehicle involved?
- who is responsible for paying your medical bills, your loss wages, if any, property damage to your vehicle, etc.
- how long will the entire process take?
Your attorney would probably appreciate knowing your concerns in advance, so emailing the questions to her will result in a more focused and substantive meeting.
Best of luck with your case – and your recovery.See question
I was changing lanes into a very slow moving lane (changing into a right lane) . The ambulance behind me (didn't have the emergency lights on), hit my car on the rear right side. We exchanged insurance information. Whose fault is it?
The facts that you provided make it unclear whether the ambulance that struck your car was directly behind you, i.e. in the same traffic lane as you – or traveling behind you, but in the lane to your right, the one you were moving into. Therefore, it is difficult, with any certainty, to determine who is at fault. With that said, here is what you should know. If the ambulance was directly behind you and in the same lane, from a liability standpoint, you have a stronger argument that ambulance driver caused the accident. If, on the other hand, you moved into his lane of traffic – and then your car was struck – you are in a significantly weaker position. Most lawyers who handle motor vehicle accident cases will be happy to speak with you and, after you clarify a few facts about the collision, the attorney should be able to render a helpful opinion as to who caused the accident. Good luck.See question
When I had the accident, I stopped the car and seen everyone was ok, but the became volitle and aggressive. I got nervous and fled the scene. Went straight home and returned the car. Now I'm feeling guilty and scared.
You need to speak with a criminal lawyer ASAP to determine how best to protect you and handle your situation. From your brief description, it sounds like your matter began as a relatively routine accident, then evolved to a potentially criminal matter. Expect the attorney you speak with to ask a number of questions to fully understand your situation. Please note - neither you nor anyone you live with is required to speak with the police or any investigator that might contact you. Your attorney will explain what you should and should not do. Good luck.See question
I got charged with 2 counts of larceny over $250 by ex-wife. How do I find out what I am supposed to have actually stolen? The police just called me to the station and gave me the paper and said go to court on x date.
It should be quick and easy to obtain the information that you seek. If you go to the courthouse in the jurisdiction where you have been charged with 2 counts of Larceny Over $250 (both felonies), you should be able to obtain a copy of the Complaint. Go to the clerk’s office and ask to speak to one of the criminal clerks. The clerk should provide a copy of the complaint and, if you ask, explain the court process to you. In addition to requesting a copy of the Complaint, ask for a copy of the “Application for Criminal Compliant.” The Application should have specific information that you might want to know. Once you obtain this information it is important to speak with a lawyer who can provide guidance and a legal strategy to protect your rights and defend yourself. Good luck.See question