Hire a lawyer. If you don't have a law degree you shouldnt act like one. Would you do your own surgery? Problem is that many attorneys won't touch a case with liability issues. Check around on here and call someone for a free consultation.
You definitely want to talk with a lawyer. Tell them what your proof is and how you can get it. They will be able to advise accordingly. Good luck.
Call and retain a local area personal injury attorney. Most offer a free initial consultation and a contingency fee contract which means no up-front costs for you for professional services until a recovery is made.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
You need to hire a lawyer to help you. the insurance company will continue to stonewall you until you get a lawyer. You might also consider a private investigator depending on the facts of your case. Also make sure to report this to your insurance company.
Liability is often disputed in an accident. You need to consult with a personal injury attorney to assist you in pursuing your case. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...
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The best way for things to go badly is to not hire a lawyer. If you were injured and there is disputred liability your chances of recovery are about zero without counsel. (If you were not injured, you let your insurer and the other driver sort it out).
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Best to get a lawyer. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo attorney.
By know I am sure you understand that if you want to make a claim there is only one way: hire a lawyer.
You do have proof. It's simple> you are the proof. You know what happened and you will say so. I never understood the "my word against yours." "Yours" is the truth, right?? Then tell it. If you are more credible then the other person--and you have an advantage; the truth, you usually will have enough to prevail.
If anything I said makes you more confident then that is exactly what you need: sincere, truthful confidence.
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There are three kinds of auto cases when it comes to liability: those where liability is conceded, those where liability is determined by the court pursuant to a motion for summary judgment and those where liability is contested all the way to settlement or verdict. Most, if not all lawyers I know who take auto cases take all three kinds of cases. We prefer having liability conceded, though then damages will be hotly contested. Sometimes, though, it can be advantageous to have a defendant contest liability and look ridiculous in front if the jury while doing so. Juries tend to punish such behavior with bigger damages awards. My point is, a good lawyer will be able to depose the defendant and lock him,or her into an improbable story. The lawyer will be able, also, to cross examine the defendant at trial and present that improbable story to a rational jury. So, it is only "your word against his" as long as you are going it alone. Get a good lawyer from the Avvo find a lawyer tab and have a competent advocate take up your claim.
We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are thoughts based on New York practice. We have no attorney-client relationship. Conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. Past results are not necessarily indicative of future performance.
They have already denied your claim. You are not going to change their mind but they are setting you up to take a ridiculously low "nuisance" settlement. Stop trying to change their mind yourself and get legal representation.
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My legal advice to you: As a former top federal government accident investigator and a former Professional Engineer with 33 years experience in engineering & accident investigation and as a lawyer with 20 years of having helped hundreds of victims of car and truck accident, you NEED to get an experienced lawyer ASAP. Every HOUR you are without an experienced lawyer could potentially damage your case significantly. This is a complex and challenging case of interacting violent physical forces and legal standards. A lawyer with a deep understanding of both the accident investigation /engineering dimension and the legal dimension of such accidents could help you maximize your recovery and compensation in this matter.
More information is needed to provide you with a helpful answer. However, the best place to start would be to look at the accident report that was completed by the police or law enforcement agency who responded to the wreck. Did they make a determination of fault? Did they issue any traffic citations? If so, what was the disposition of the traffic charges? Did they draw a diagram of the accident and how it took place?
I would start by looking at what the officer who investigated the accident determined. If you were found to be at fault by the officer then you have an uphill battle ahead of you.
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