What kind of lawyer do i need? i am being sued in a no-fault car accident.?

October 10, 2008 by admin · 7 Comments
Filed under: Blog 

Got into a car accident 7 months ago. guy with an ford F-250 (big truck) ran red light and totaled my 4cylinder camry. I had no insurance, stupid i know, but the fact is , it was not my fault!
A- police report said it was a NO FAULT.
B- cop at scene denied me a witness.
C- got a notarized written statement from the witness.
D- State Farm denied my witness as well!
E- months later State Farm sends me a 3.000 check. HALF of my totaled car's damages
F- now a letter saying i must pay 6,300 in 30 days or i'll be sued, suspened licesne and ruin credit!
!!! My car is still in my garage and everyone that's seen it says you can tell that i got t-boned real hard and that it should be obvious that I GOT HIT!!!

Please any advice helps! what kind of lawyer do i need to seek? why would state farm send me money only to ask for money 4 months later? it doesn't make sense.
my story is not all over the place and not full of holes, it is what it is. you say state farm wouldn't pay me 3g's then ask for more than double that back? well they did! i have the letter right here! i don't get it either, which is WHY i am asking for advice genuises! they are now claiming it was my fault! but police reports say no fault! if you saw my car it's obvious he was going fast enough to total. p.s. my car is still a mess in my garage! isn't there a science that can prove this stuff? any other questions, just ask…i need genuine help, not snooty comments! what don't you get?
thanx so much guys for your input.
yes i do have insurance now. the reason i'm gonna fight this so hard is because it really wasn't my fault.
imagine this: you're at a red light, waiting, you scan the radio in the meantime. THE CAR BEHIND YOU HONKS, you look up, the light is GREEN! i go to make my right turn. BAM! i get t-boned! btw, my witness is the lady that was behind me and honked! how in any way is this my fault? good thing is, i just found out that traffic light had a camera on it, so we might have footage. no one was hurt. only the guys grill got messed up, i took a picture! how is an old, rusty grill worth 6,300? yes i've learned my lesson, but i don't feel i should have to pay a penny if i was in no way at fault! thanx again everyone!

A – Fault in a police report doesn't matter, just the facts of the accident.
B – If the witness was not independent (meaning someone walking on the street or in a car NOT involved in the accident), the witness can be denied – was this witness IN your car?
C- That doesn't matter.
D- They would deny if the witness was in YOUR car.
E- You were deemed 50% at fault & the other driver was deemed 50% at fault. What probably happened is you said you had the green light, he said he had the green light & there was no definitive evidence showing one of you actually had the green light. You are actually VERY lucky in this case, State Farm is the other guy's carrier & could have said YOU were 100% at fault, believing HIM only. They are being VERY fair.
F- They are asking for 50% of his damages (they paid 50% of yours, you pay 50% of his, that is the way it normally works in 50/50 accidents). Call up State Farm, tell them you can't pay the whole amount in 30 days & ask if you can set up a payment plan. They usually will work with you, they would rather deal with you like this instead of suing – lawsuits are expensive for them.

You can get a lawyer BUT, you will still need to pay State Farm back the $6300 & PAY the lawyer $150-200 per hour (I think that is the going rate, may be more now). I wouldn't hire a lawyer unless you can ABSOLUTELY PROVE – by independent witness (or 2), if they can even remember the accident now, that it was NOT your fault.
Do you have insurance NOW? I hope so. This is an expensive lesson to learn. If you had insurance at the time of the accident, you wouldn't be dealing with this, you would only be out 50% of your collision deductible & your car would be fixed (or totalled & paid for). It is much cheaper to have the insurance…even if you don't make a claim for 10 yrs (looks like you are out about $12,300). I hope for your sake he was not injured, because you could be held liable for 50% of his injuries too.

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