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♥ Im just saying..
Guy that totaled my car is claiming...?
That he was injured in the accident, my insurance company called and said they will deny his claim after they check to make sure there was a left turn signal at the intersection the accident occurred...

now, if they deny the claim and he comes after me (he has a lawyer)
will i have to pay him in court???

he the DUMBASS that ran the red light and hit into ME!!!
Additional Details
also.. if he does should i counterclaim injuries, and money im spending on cabs to get to work, rental cars to get to school, new glasses (old ones were broken during the accident)?

i need a lot of advice. i will be talking to a lawyer but i won't get the # until tomorrow.



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wizebloke
A taxi hit me and then his scumbag lawyer won the case for him.

Get photos of the site to send to the insurance comp.
Were there any shops nearby where you can look for witnesses if it comes to a mudslinging match?

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Ian S
Rating
What does the police report say? If your at fault, then you will have to pay. But if the guy ran the red light and the police report says the accident was his fault, then you shouldn't have to pay anything. If you didn't have the police come to the accident and make a police report legally stating whose fault the accident was, then you will probably end up having to fight him in court over it.

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Ralfcoder
Rating
Don't ask us - ask someone who actually knows the answer to your claim. Talk to your insurance agent FIRST. Your policy should provide coverage against this sort of thing.

Here, you already have recommendations from ignore him, hire your own lawyer, and let the insurance company deal with it. But the person who knows your coverage best is your agent. Go call him NOW and see if your policy will protect you from his suit, and how much they will cover you for. THEN you can start thinking about finding a lawyer if you need to do so.

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loves christmas lights
Rating
Was he ticketed? Was there witnesses? Your insurance company is taking care of all of this, speak to them about if he tries to sue you and if it part of thier job to represent you.
No one wants to admit they were in the wrong. One thing to consider is, even if you get a green light, it is your responsiblity to enter into the intersecton when it is safe to do so. (Just for future reference)
You should be fine on all of this.
All your other questions needs to be frist asked of your insurance company. It is possible maybe that your glasses which is personal property, could be included in the settlement. The cost of the rental car and cab costs, save all reciepts in case they too can be recouped. This is all stuff you pay your insurance company to handle. Go to them first before getting a lawyer, they have lawyers, it is the business they are in!
If you begin to start being in pain and need medical treatment and or therapy, those costs will be put into the settlement also. Take into account if an offer to settle was offered this month, and next month new problems are diagnosed with your injury, once the settlements are approved and signed, thats it. You can settle with the car part, and settle later on down the road when all the medical appears to be completed. Talk to your insurance company after you decide if you are injured, it is common to start hurting later on after a few days or so. The insurance company does not want to know if your going for medical to pad your settlement. That is called fraud. So if you wind up going to the Dr, then let the insurance company know why, and the treatments if there are any that the Dr has started you on.

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lanceannette
Rating
Yes, you must talk to the lawyer familiar with your state's laws. In the meantime, do not let yourself worry much about this, tomorrow will come and take care of itself.

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geoffrey_0007
Rating
Sweetheart, your insurance will pay out any personal injury claims, not out of your pocket, in any case your insurers will suspect he is telling lies, because any injury should have been reported straight away, so don't worry okay.

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Kelly
Dont worry about his claim. let him say what he wants. he wont win.
If he does go after you personally, then you should counter it definately. but make sure you have proof to back up that you need to take cabs adn thats the only way you can get there, and bring the bill for the glasses.
Good luck.

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mbrcatz
Rating
Well, if he hit you hard enough to total your car, I'm not surprised that he has injuries.

If they deny the claim, and he comes after you - ie, sues you - they will have to defend you in court, and they will pay any judgement if he wins, up to your policy limit.

You sure as heck could try to counterclaim, but your insurance company is entitled to the first amount of whatever THEY paid for your lost wages, additional expenses, and glasses.

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keeprockin
If you or the police have statements from independent witnesses as to the actions of him ignoring a red light,then I can't see as he has much of an argument. As previously mentioned,your insurance should be the one to look after you.

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cenasgirl2012
just try to stay safe and dont stay alone !!!

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Luna & Lawnboy
Once they deny the claim, his attorney will likely file suit. When you receive the complaint, refer the matter over to your insurance company. They will have a defense attorney file an answer and defend you. This costs you nothing. It is part of your policy.

You can file a cross claim, but you need to prove you were injured.

Suggest you simply call his insurance company and let them know that you have some outstanding expenses which you would like to be reimbursed. You do not need an attorney to do this.

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merlin49646
First, get a copy of the police report. This is strongly advised and it will help your attorney should you retain one. The police report will indicate who was at fault and a copy of this to your insurance company will aid in the repair or attempts to getting another vehicle.

If the police report cites the other driver you will have little to worry about unless that person attempts to sue you. Consult with an attorney if this happens but most likely his case will be thrown out. A counter suit is possible but collecting on money spent for taxi's...iffy. Any medical bills you may have incurred from this accident are recoverable through the courts. Good luck!

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offjack52
i was just gunna say, the reason you have car insurance is to get your vehicle fixed and not get sued personally. insurance companies have a top notch team of attorneys to help them to get sued, they better take care of him. if not get a new insurance company. he could stll sue you personally. but he will need a lot of money to pay for his own lawyer to do it. i wouldnt worry about it. if the insurance company is willing to take care of him now, then he will prolly be satisifed with that, good luck

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jgentis
CHILL OUT! Let your insurance co. deal with it that's why you pay them. Just RELAX!

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Ryan H
Rating
This is rediculous if he ran the red light you should have an accident report and his insurance should pay for everything I mean rental cars repairs the works. You shouldn't even have to bother your insurance company. It sounds like they placed you at fault

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ca_surveyor
First off.. you have insurance so it is their job to defend you. So relax.. THEY will provide the defense as long as that is an obligation of their policy (call them and check just to sleep better at night).

The will NOT, however, press counterclaims of damage against the other guy. That's something that you will have to hire your own lawyer for. Your lawyer will work in conjunction with your insurance company to make sure that your representation is complete.

Part of what your insurance does (if you have full coverage) is to pay for your cabs, rentals, glasses, etc.. and then THEY sue the other guy for repayment... if you do not have that coverage then you will have to demand reimbursment from the other driver.

If the case is as open and shut as you say, I am surprised that they are making any demand.. usually it goes straight into the settlement mode... so when you talk with your lawyer be prepared to be forthright.
Given the honest input he/she will likely be able to give you good advice.

good luck

.

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NickiBoy
If the officer on scene did not site you with any violations, you should be in the clear. But you REALLY need to consult with a lawyer.

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♥ Hunter's Mommy ♥ is TTC
Rating
Aw definitely do a counter claim about your injury's as well as for him running the red light and hitting you. This is his fault and you shouldn't have to pay anything Sadly it happens though. I had this happen to me. A different situation but it wasn't my fault and I ended up being charged through insurance! I The issue hadn't been taken to court and if id did, I would have won. Don't let this guy win. His case should be thrown out considering it was his own fault for the accident and his injury's. Just make sure to counter-claim those things, so that way when he looses, he just gets slapped in the face with win of your case. Good luck, and I know how insurance can take forever.

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oklatom
You don't need your own attorney, insurance will defend you.

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remowlms
Rating
If he brings a suite against you and your insurance company, your insurance company will probably hire an accident reconstructionist who can determine vehicle speeds and who had right-of-way. If the other driver is at fault, his insurance should be paying for all of your damages, including rental cars, broken glasses, etc...

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Sir B
don't sweat it. The guy's an idiot. He wants to get paid. But he won't. You will be compensated fairly.


Why didn't you claim injury as well??

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Chrome Bumper
He can't sue you privately - this is what insurance is for. Liability for claims settlement lies on the shoulder of your insurer.

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Dave87gn
Rating
They wont go after you personally, if he is dumb enough to hire a lawyer with his own money, they will go after your insurance company.
If there is no medical evidence that he was hurt and no ticket saying you were at fault, he'll lose

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rhino
Most of us who would answer this question would be novices who could only guess what the law would be. You really need to talk to an attorney in your state to get the true low down on the issue. Best of luck.

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Max Power
Rating
Let the insurance company represent you. The premiums that you have paid include legal representation.

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Muffin Man
Rating
Someone crashed into me today too.

Oh wait, never mind, sorry. I actually crashed into someone today, but there was nothing but a few scratches, so the other driver just said "Get the **** out of here", and I'm like whatever jackass.

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