It will be a battle of witnesses, but your photos will help. The first question really is where and how you will fight this battle. First of all, notify your own insurance company about the accident if you have not already. If you were hurt, it pays to consult with a personal injury lawyer. If not, and this is just about fixing your car, then you can and should use your collision coverage if you have it, or if not, start negotiations with the insurance company for the other guy. If they are not reasonable then I suggest you go to small claims court and sue him. His "witness" might now want to show up and testify under penalty of perjury.
If you have any way of finding witnesses to support your story you need to find them.
Small claims courts are for... well, small claims... meaning small amount of dollars at stake... like ten G's or less... big claims court... also called superior court handles cases of bigger dollar amounts or with issues too complex for small claims... plus one big difference is that lawyers are not allowed to reoresent small claims parties in the courtroom. That said... if a car crash involves physical injury, it's probably a solid bet that it belongs in Superior Court.
No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. Claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.
… Since many of us personal injury types offer free consultations and take personal injury cases on a contingent basis, there really is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
It really depends on the amount of damages you are seeking. Often times small claims court can be very unfriendly to the Plaintiff with virtually no recourse.(e.g. only the defendant may appeal) it may be in your best interest to consult with a local personal injury attorney to assist you with your claim. Best of luck.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
It is legal to drive in the parking lane, so long as it can be done with "reasonable" safety. The vehicle entering the roadway will generally get hit with some comparative in such a situation since they have the higher duty - entering onto a roadway.
The fact of the matter is that without more evidence, giving you my opinion based on the limited amount of information would simply be giving you a false sense of security. That being said, I am more willing to talk with you and help you develop your case. If you have any questions, I would love to assist you further. Best of luck.
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