November 29th I was going to lowes to buy some paint pan for my husband . I was turning in the parking lot to go park my car when a guy with a pick up truck cut thru the parking lot at high speed and hit me right on driver side door . He never tri...
I am sorry to hear that you suffered such a devastating collision. In a nutshell, you have the right to pursue the other driver for his negligence and seek pain and suffering compensation. You can also seek property damage benefits to cover the total value of your vehicle. Your medical bills and lost wages should be paid by your own automobile PIP policy (your company will later be reimbursed by the other driver's company). Medical bills and wages above your PIP coverage can be part of the recovery you make from the other driver's insurance, in addition to pain and suffering. You should quickly make an appointment to talk to a personal injury lawyer of your choosing in your area and get all the details of your rights as an innocent victim of someone else's negligence. Initial consultations are free and there is no obligation to retain. (Please remember that you have two years form the date of injury within to make a claim or file suit).See question
My dog bit someone. We agreed to pay his medical bills. He finally after several months stopped by and handed us his bill. The paper was not a bill but a claims history. Doesn't indicate what the medical service was for. In addition, he hand wrote...
In a nutshell, Delaware has a "dog injury" statute. The injury can be because a dog bites someone, but it can also be if a dog knocks someone over, for instance. If your dog injures someone, a suit can be filed for pain and suffering, permanent impairment, medical bills and the like. While noted to be a strict liability statute, there are defenses such as teasing the dog, or in the case of a professional, such as a groomer or vet, assumption of risk. Assuming you have homeowner's insurance, this type of claim may be covered and you should contact your carrier. A word of caution: many policies now contain exclusions of coverage for certain breeds (and mixed breeds) of dogs such as Dobermans, pit bulls and the like. Though it makes sense to request copies of actual medical bills, turn this over to your carrier. Be careful, without a valid release, you could pay the bills and the injured person could still sue you within two years of the injury for pain and suffering, for instance.See question
I was a back seat passenger in a single car accident. The owner of the truck who let his girlfriend drive now is looking to sue her. I hit the windshield as well. Legally, can the owner of the truck or a lawyer force me to testify in court against...
You can be subpoenaed as a witness. You are not being forced to testify against the driver. The better way to look at it is you are encouraged to tell what you remember and tell the truth. Whether or not that helps or hurts the driver is simply based on the facts...and the truth.
You said you hit the windshield. You didn't describe an injury, but you may have a pain and suffering claim as well. Please remember that you have a two year statute of limitations on such claims. I advise you to consult with a local personal injury lawyer to discuss your rights.See question
I was involved in a hit and run . The driver of the other vehicle left the scene of the accident .. My insurance company geico is not working with me and I need a lawyer to assist me ..
I am sorry to hear of your collision with a hit and run driver. Contact a Delaware personal injury lawyer to help you deal with your carrier, GEICO. You are entitled to seek PIP to help cover lost wages and medical bills, and your uninsured motorist coverage with GECIO can provide compensation for pain and suffering if you were injured. Initial consultations are usually free with no obligation. These types of cases are normally handled without any retainer fee and no fee until and unless the attorney recovers payment for you.See question
I was in a vehicle accident 7JAN 16 it was not my fault other driver was ticketed. I have been waiting to get a final quote on my truck since it was totaled. Insurance company of guy at fault says I must sign a waiver stating I will not come back ...
I am sorry to hear that you were in a collision. These matters can be quite frustrating. Liability insurance carriers do not normally require you to sign a complete release of all claims before paying the totaled value of your vehicle. As pointed out by my colleagues, you should bring the "waiver" to a local personal injury lawyer licensed in Delaware to review and explain all of your rights when injured by the negligence of another. First consultations are usually free.See question
I was in a car accident and someone hit me from behind with my daughter in her car seat
I am sorry to hear that you were involved in an accident and I hope your daughter is not injured. As pointed out by others, you can search for a Dover injury attorney here on AVVO. You can also Google search for one, check you local phone book, or contact the Delaware Bar Association for a referral. Good luck!See question
The other driver was cited for reckless driving. My nephew was my sisters sole caretaker. He and his son lived with my sister his whole life. The insurance claim will go to his two children. But now my sister has no one to take care of her. S...
I am very sorry to hear of your family's loss. Your sister should seek counsel of an attorney who handles accident claims. The initial consultation is free and your sister would be able to obtain needed information without obligation.See question
if I am involved in an accident with a uninsured individual can I refuse to use my coverage and force the uninsured to pay for damages with cash. the individual without insurance is at fault.
I am sorry to hear that you suffered an accident with an uninsured driver. This scenario can be very aggravating. While you could decline to utilize your own uninsured motorist coverage, it really makes no sense to do so. First of all, you have been paying premiums for years so that you could have such coverage. You should use the coverage you've paid for. Secondly, the only way to force the uninsured to pay is to file a law suit against them. This will require filing costs, discovery costs, perhaps expert witness costs and possibly years of delay. Even if you do obtain a judge or jury award against the uninsured driver, you may have no way to collect it. Wage attachments are very small payments over long periods of time, and you may have to chase the defendant around if they change jobs. You may be able to put a lien on real estate they own, but if they own it jointly with a spouse, you may not be reimbursed until someday when they sell the house, assuming there is any equity. Also, there the possibility that the defendant could file for bankruptcy and effectively wipe out any award you obtained. For all these reasons, it makes much more sense to use your UM coverage, and let your insurance carrier decide whether or not they want to pursue the uninsured defendant.See question
I was heading home and the opposite lane of traffic was backed up from a stop sign. Someone in that lane waved a car out of a development that was on my side of the road, and the guy pulled right out in front of me. I am certain if I didn't hit th...
Hello. I am sorry to hear about your car, I'm sure the situation is very frustrating.
While you could "file a lawsuit," if your car can be fixed, your recovery will be pretty much limited to "diminution of value"--the value of the car before the crash compared to the value afterwards. If your car is totaled, you are pretty much only going to recover the trade in value of the car. A suit for lost value would require you to retain an expert appraiser. In both scenarios, you should be able to obtain recovery from the available insurance, including GAP coverage, without having to file any suit. You should talk to an attorney in your area if you are unsatisfied with offers made by the insurance carrier.See question
it's a workman's comp. I'm trying to figure out what's amount to look for?
In Delaware, assuming that there is no dispute that you suffered a work related injury, the potential value of your workers' compensation case is based on your wages, your medical bills, and whether or not you have suffered a permanent impairment and/or disfigurement. Generally, and very basically, as to wages, the question is whether you are totally or partially disabled. Your rate would be 66 2/3 % of your gross weekly wage loss (up to a maximum amount set by the year of injury). As to medical bills, to get your bills paid, your work injuries must be treated by a Delaware workers' compensation certified doctor who must abide by a fee schedule and the practice guidelines. As to permanent impairment, the value is based on a permanency impairment rating, given in percentage terms, as determined by your physician. disfigurement is based on the objectionable appearance and size of your scar, amputation or limp. If there is to be a settlement of the entire claim, called a "commutation," this value is based on the above factors in terms of what present and future benefits you might be entitled to, reduced to a negotiated lump sum, paid now. As I said, this is just basic information, and additional rules and factors (such as preexisting injuries or medical conditions) will apply to specific claims.The area of workers' compensation is far too complicated to fully explain in a paragraph. Please remember that you have two years from the date of injury within which to file a claim or be forever thereafter barred, unless the employer or carrier have paid you some workers' compensation benefits, then you have five years from the last benefit paid within which to file additional related claims. You should immediately seek a workers' compensation attorney in your area that can analyze your specific case factors and advise you appropriately.Good luck!See question