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Do you need an attorney if the other party was at fault and they have auto insurance?
Wiki User
∙ 8y ago
No, You do not need an attorney if the other person's insurance company is accepting liability. I would not get an attorney unless the other party has denied liability and you are hurt. If you are not hurt and you are just trying to recover your auto damages there are more cost effective/time effective options.
I had a situation where I was going through a green light when the guy on the cross street ran a red light and t-boned me. He was clearly At Fault but his insurance company wouldn't accept liability because they couldn't get hold of their insured. That went on for over 3 months! Clearly the guy was never going to talk to his insurance company.
Instead of getting an attorney, I hired a subrogation company to handle my claim. They filed arbitration against the other insurance company and forced them to pay my full claim. It worked really well. it was faster and cheaper than getting an attorney and I didn't have to negotiate or take a reduced settlement. I used a company called Cerberus Subrogation Professionals.
It is always best to get your own auto attorney or lawyers. Even though most insurance company provide you with a lawyer to work on your case, but those lawyer are very lazy and will not evaluate your case deep enough to win it for you.
The problem is that many adjusters know that you do not want to retain an attorney and pay his fee. Therefore they will only offer you the wholesale value of your vehicle if it is totaled. You are entitled to the retail value plus sales tax. Be prepared to argue.
The other problem when a vehicle is totaled is that you may owe more than the vehicle is worth. Many drivers find themselves in the situation of having to buy another vehicle while still owing a substantial amount of the wrecked car. Be sure that you purchase 'gap" insurance to cover such a loss.
Wiki User
∙ 8y ago
Wiki User
∙ 8y agoIn most cases you do not need an attorney, especially where there is only property damage and there is no dispute over which driver was at fault. If the accident was the other drivers fault and they have insurance then you will generally have no problem, just file a claim and let the process work.
If you have serious injuries that present long term disabilities or issues that are not being addressed by the insurance company, or are otherwise being mistreated by them, then by all means hire an attorney to enforce your rights.
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Someone hit you and you both have no insurance?
Whether or not either of you have insurance has nothing to do with determining fault. One of you is at-fault and it is the responsibility of the at-fault party to pay for the damage they caused. Regardless if you are insured or not, if you are not at-fault in an accident you should retain an attorney and sue the at-fault party.
If you are in an accident and it is not your fault will the other insurance pay if you do not have comprehensive insurance?
Yes. The terms of your insurance policy are not relevant if the other party is at fault.
If you were in an accident with no insurance and it was not your fault but the other car at fault has insurance and was issused a ticket will there insurance company pay you or the bank?
The at-fault party's insurance should cover your vehicle. EVEN THOUGH OUR INSURANCE HAD RUN OUT BY AMONTH?
Will your insurance go up if you're at fault but the other party has no insurance?
Possibly. Ask your agent.
What if the other party admits fault but the accident report says you are at fault will the other party's insurance pay since the party admitted to fault?
GET IT IN WRITING!!! Having an oral admission of guilt from the guilty party when YOU are on the report as the guilty party doesn't mean a thing.
Do you have to let your insurance company know you were in an accident that was your fault if you have not heard from the other party or your insurance?
yes,because i might be covered with the third party
How do you sue another persons insurance company for an accident that was your fault?
If the accident was your fault, the other party's insurerhas no duties owed you.
Do ihave to get a lawyer if the other party claim to the fault and have insurance?
I believe you are saying that the other party admits fault and has insurance. Whether or not you retain an attorney is really up to you. One factor may be if there are any injuries for you or your passengers and if so are they real injuries or just bruises. When you obtain an attorney you will be paying someone else 30-50% of you total payment received from the other party. The legal fees are not in excess to damages but come out of your damages. I suggest that you work with your adjuster and see how everything goes. Most adjusters want to handle your claim fairly and get you back to where you were before the accident.
Whose insurance pays when someone else hits your car?
If the other party was clearly at fault in hitting your vehicle then their insurance will pay for the damage to your vehicle. The key is that it is their fault. The way you word the question you don't state that they were at fault but that they hit your car. If it is determined that they were at fault then their insurance pays, if you were at fault then your insurance pays.
Who will be determined at fault when you get rear ended in traffic and the other party claims you rolled back into them?
The police usually give a ticket to the person who got rear-ended. If they have insurance, the insurance company sometimes do an investigation to determine who was at fault for insurance purposes. Also, personally I would obtain an attorney who specializes in traffic law and ask their professional advice.
What are the benefits of Florida no fault car Insurance?
Florida's no fault car insurance pertains to medical payments. The insurance states that the insurance company will pay for your bodily injury claims regardless of who was at fault for the accident. Damage done to property (i.e. the car) would still be covered by the at fault party. The Florida no fault car insurance is a benefit because one does not have to worry about not having their medical needs covered because the accident was the fault of the other party and they do not have sufficient insurance.
What to do if your insurance ruled other party at fault and they refuse to turn in to their insurance now they are suing you?
I would get your insurance company involved, they are there to keep this from happening.
