Southaven and Memphis Personal Injury Attorneys

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I was involved in an automobile accident and the guy who caused the accident has not been cooperative in repairing my car or assuming responsibility for my medical bills?

Answer: Apply for a copy of the police accident report in the station in charge of the scene of accident. The report will contain details of the insurance and addresses of each party involved in the accident. Names and addresses of witnesses may also be included. You should report the accident to your carrier immediately and report to the carrier of the party at fault. If confused, please contact an attorney immediately.

I was injured in an automobile accident and the carrier of the party at fault has been dragging its feet in accepting liability. I need to repair my car or obtain a rental car.

Answer: If an insurance company is hesitant in accepting liability, it could mean two things:

1. The carrier of the party at fault has not obtained a copy of the police accident report. Most carriers will extend coverage if fault is clearcut on the face of the police accident report.
2. The carrier has obtained police accident report and the party at fault could not easily be determined. It is advisable to obtain statements of independent eye-witnesses at the scene of the accident. A habit of obtaining names and phone number of persons at the scene of an accident may turn out to be very useful. The names and statements of such eye-witnesses may easily convince an adjuster to extend coverage. Your best bet is to let your insurance company repair your car or provide you with a rental car until the issue of liability is determined. Your carrier would subrogate your claim with the carrier of the tortfeasor if coverage is eventually extended to your claim.

I was injured in an accident. The party at fault was cooperative but has no insurance.

Answer: You may decide to submit the claim to your insurance under the Uninsured Motorist portion of your policy. If the party at fault has substantial assets, you may file a lawsuit against him and attach his assets to recover the judgment sum. My experience is that most people who don’t have insurance and were at fault in an accident would readily file Bankruptcy rather than wait for their assets to be attached.

The insurance company of the party at fault has offered me the policy limit of $10,000.00 for my bodily injury. I do not want to accept this as my total medical bills is in excess of $20,000.00.

Answer: The policy limit of $10,000.00 is all you may recover from the tortfeasor’s insurance. You may, of course, chose to reject this offer and proceed against the assets of the tortfeasor in a lawsuit. This is advisable only if you are sure that the party at fault has substantial assets to be attached for any money judgment that may be entered in your favor. If the party at fault has no substantial assets, he or she is likely to file Bankruptcy rather than wait for his assets to be attached.

The above answers are the opinion of the author. They are not based on the law of any State. You should contact an attorney in your locality for advice on your particular situation.