I was in an accident a couple weeks ago. I have come accustomed to having my cell phone sound turned off as I cannot have it on at work. When the accident happend my ringer was on and when it went off it startled me. I went to grab the phone and I ran into the person in front of me. Our vehicles were taken by the tow services and the other driver was taken away as precaution by ambulance. I went to the doctor a couple days later for back pain and she took me out for a week. When I was issued my ticket for cell phone usage, the cop told me that the person I hit was issued a ticket for no liscense. I am scared about being sued. I have no money to cover anything. I just hope the person I hit is ok. My insurance company has not heard anything from the other insurance company.
You need to report this to your insurance carrier IMMEDIATELY. Delay in reporting the claim can be grounds for denial of the claim.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
Make sure your insurance company is on notice. The fact that the other driver was unlicensed has nothing to do with your potential liability for his injuries. Your insurance company will deal with the claims and your medicals will be covered by no-fault regardless of who's to blame for the accident as will the other drivers.
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It sounds as if you had liability coverage for the collision. That means that if the other person claims injury or property damage, he/she will make a claim with your insurance company and they will make the decision about whether to pay the claim and how much. So far it sounds as if they other party has not even made a claim, so at this point you have nothing to worry about. When and if a claim is made, you should talk to your insurance adjuster about whether the claims are going to be settled without a lawsuit. The bottom line is that your insurance will protect you so you should not worry.
report the accident to your insurance company and your insurance will take care of everything. With regards to the cell phone ticket, I think you should fight it, unless you admitted to the cop that you were on the phone. Regardless, hire an attorney to negotiate the ticket in court on your behalf.
You have not really asked us any question. I suggest that you stay in touch with your insurance company and cooperate with their investigation of this matter. Your carrier has a duty to defend and indemnify you if necessary, up to the limits of your insurance policy. If you are scared about getting sued, perhaps you do not have enough liability coverage. I suggest you contact an independent insurance agent to review your circumstances, including income, potential income, assets etc. that need protection. You should purchase insurance limits that give you more peace of mind.
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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 ensure proper advice is received.
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