Have your insurance company handle the property damage claims and let them do the "heavy lifting" to get the trucking company to pay up. Once your insurance company gets their money back, they should reimburse your deductible.
Your insurance company can pay you and "subrogate" directly against the at fault party / insurance company to get your deductible back. Other wise, You need an attorney. You may want to contact the local bar for a reference.
I am not licensed in your state.
Meanwhile take photographs of the scene and any property damage.
Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.
For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case and 12 months in Georgia for workers compensation.
Medical Malpractice claims can be longer or shorter.
You should act now!
Do not give the "other side", their insurance company nor their lawyer a recorded statement or a medical authorization.
Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.
One of the most frustrating events that I have encountered as an attorney, is when someone is barred from a recovery, due to a legal time limitation.
Legal time limitations are called "Statute of Limitations”. These are laws which prevent legal remedies in relation to wrongful conduct.
Many people may try to do what they believe is “the right thing” by waiting to see how something is going to turn out before they file a claim. They often simply just wait too long.
Some people are even tricked by defendants or their insurance companys into delaying past the statutory time periods.
Yes, I have seen adjusters and even hospitals talk nice and friendly to an injured person and string them along maybe paying some of their bills, encouraging them not to seek an attorney, until the day after the statute runs. Then the person has no legal recourse. That is sad.
Statutes vary by state and like most rules, almost all have exceptions.
~Appropriate legal action, notice and claims must take place well in advance of the statute if you want to be safe in pursuing an action.
~ Make sure you discuss the statute of limitations and other legal time limits with your own attorney.
Make it a great day!
The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com
The unfortunate reality in a situation where the at-fault driver refuses to pay (or his company or insurance company refuses to pay) is that someone must force them to do so. The only way an at-fault party will pay for the damage to your car is if:
a) They agreed to do so. This is called a settlement, and in a fact-scenario like this one, a settlement is the most common way these things are handled. Since they are likely to be held responsible anyway, it is generally in their better interest to just work it out when they back up into someone
b) They are forced to do so through either litigation or, in this case, inter-company arbitration. Litigation is where you file a lawsuit. However, in this case I think it is wiser to simply let your insurnace company handle it. They MAY have available to them inter-company arbitration, where they will go and sit down at a short hearing and get their money back, thus leading to them reimbursing you for your deductible. In the alternative, let your company incur the costs and efforts of litigating against the negligent trucker/trucking company. It costs you a deductible now, but is the better option in the long run.
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