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Thomas Dominick Berret

Thomas Berret’s Answers

2 total

  • Out of this accident, can I have the guy's insurance pay towards a new vehicle? Or do I have a case against Dodge?

    I was just in an auto accident. I had a 2012 Dodge Journey. I was at a complete stop when a guy hit me from behind, and also causing me to hit the vehicle in front of me. My car's airbags did not deploy at all. Now, my vehicle is totaled and the ...

    Thomas’s Answer

    As others have indicated, you should speak to a personal injury attorney. You and your children have negligence claims against the driver that rear-ended you. Whether or not you can make a recovery for any injuries will depend on a number of factors, including the tort option that covers you and your children. The wrongdoer's insurer should make an offer for the value of your car, and with a newer car such as yours, you could have a problem if the wrongdoer has limited property damage coverage. Because of that, I would also have your insurer appraise your car. As far as a claim against Dodge, you would need to show that first, the airbags should have deployed, and second that the failure to deploy caused some harm or injury to you or your children. Any medical bills incurred as the result of the crash should be paid by your insurer, up to the limits of your medical payments coverage. You may have other claims as well. If I were you, I would contact an attorney to determine what claims you should pursue and how you should go about it.

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  • The third party auto insurance company lied to me? Can I sue them?

    About two months ago, someone had hit me at a gas station. I filed a claim with both my insurance, and his insurance. I do not have money at this time and could not afford my deductible so I was hoping that the other insurance company would accep...

    Thomas’s Answer

    First, you should contact an attorney with experience in motor vehicle claims. If your insurer paid for your repairs, they should recover your deductible for you from the other insurer, either through agreement or arbitration. Generally, one does not have a direct cause of action against the wrongdoer's insurer, and your lawsuit would be filed against the other driver. If you have suffered any damages or injuries other than the property damage, you need to be careful before you file a lawsuit in the magistrate/district justice office, because that may be considered to be "splitting your cause of action". I would contact an attorney to make sure your claim is handled correctly.

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