Auto Insurance Claims: Halloween auto accident with a liar, traffic infraction, state bills

Question
I was involved in a auto accident. In my car with me was my daughter (10 months at the time) and my mom. The other driver was cited for "failure to yield right of way" and "no driver's license." I received nothing but back and knee injuries. My car is worth less than $2,000 in the KBB. I'm not sure if that means anything much or not, but I got estimates for just that amount. My injuries still exsist because I can't afford to pay for treatment myself.

I am summoned to testify against her next month and hope the P.A. make her pay up. Her lies has made her insurance carrier deny my claim.

After going over her statement in the police report, I saw her lies in print. She stated that she was fully in the turning lane when we collided, but in the same statement changed her story by saying she was emerging. My lawyer said because the officer did write up a report it looks very good for me! She also lied about the location she was at before the accident. We are waiting for a video to prove my story of where she was before the accident.

My question for you, Mr. Expert, is because she did lie about a bunch of things in the police report, how likely is it that I will finally get the treatment and attention me and my vehicle deserves? If they convict her for the citations next month, will this conviction help me more? Please take your time, I am waiting on your reply.

Thank you so much!

Answer
Natalie,

The answer to your questions depend on the laws of the state you are in. Sounds like you are not in a no-fault state (bills automatically paid up to a certain amount without regard to fault for the accident). Should she get convicted of the traffic infraction this would likely assist in getting the other persons insurance company to soften their stance. However, a conviction on the ticket likely is not admissible at trial on your injury claim or property damage claim, should their be one.

Sounds like you have an attorney and that person would best understand the laws of your state. If the insurance company for the at fault person maintains their no liability stance, you may need to sue them for the property damage and injuries claimed.


Best of Luck.


Marc B. Nussbaum, Esquire