Who is at fault in this accident?
Last night on my way home for work I noticed a small Honda civic stuck in a ditch along side the road. Being the nice guy I'm I pulled over and asked them if they wanted me to try and pull them out with my truck. Of course they agreed. Anyways I back off the side of the road and maybe left half of one of the front tires on the road. While in the bed of my truck getting my tow straps out I was hit head on by another driver going around 45mph. I don't remember the impact just waking up on the ground in pain. Apparently I flew from the bed and landed on the road. Anyways the ambulance came and took me to the hospital. Turns out that I fractured my skull and needed multiple stitches. I was very fortunate to make it out that easy.
What I was wondering was who should be at fault, I'm getting a lawyer to represent me and I'm sure she will do the same. She received a ticket for improper handling of her vehicle and she admitted in the police report that she saw the truck and headlights. Will they pay for my medical bills, I have insurance but it will still be expensive, at this point I don't know the condition of my truck because It was towed off scene. Anyways I will be missing work too, I was wondering if the could compensate or what the deal with that would be. Doctors orders are that I can't work for at least 2 weeks.
Can someone with a little bit more knowledge help me, I Just turned 18 and still am not a 100% sure how the whole insurance thing works
Buy a new car, simple as that
If the other driver was ticketed then the cops consider her at fault.
Talk to your insurance company first. Find out what you are covered for. If you have full auto cover / medical etc then they will pay most of your expenses. Then they can go after the other driver or their insurance to get their money back. But that way you don't have to deal with the other driver / their insurance / lawyers etc.
If you aren't happy with the compensation package they offer, then talk to your lawyer. But be aware that's going to cost you money (win or loose). If you don't have full insurance cover, lawyer up. Because the other driver was ticketed, you probably have a good case and her insurance co will probably offer to settle.
Bear in mind that a head injury can take a LONG time to recover from, so don't just take the first offer until you know you have recovered. Friend of mine fell over outside her home last year, fractured her skull, and it was 6 months before she was cleared to drive a car again, and she still can't return to work. The 2 weeks off work is a minimum, see how you feel after 2 weeks.
Get the insurance going and get a personal injury lawyer. They get paid from your winnings.
1st thing you do, is call YOUR insurance and file a claim. If, you have med pay and/or PIP, it will pay for your medical bills, (up to) your limits. If, not enough, and if you have health insurance, then it will become secondary.
Your insurance will take a statement from you and the other driver. IF, you have collision coverage, they will arrange to fix your truck.
Fault, only your insurance can tell you who is liable. Even though the other party was ticketed by the police, does NOT mean they are at fault, since police do not determine fault, insurance adjusters do.
Did you have your flashers on? If not, then another driver would not be aware that you are there. If, just your lights, then it could look like you are there and another driver would expect you to be moving, and not stopped. For just a tire on the road, would expect that another car coming could easily go around you and not hit you. Most lanes are wide enough, that with just a tire, would not even hit you, if in the middle of the road.
When you say head on, implies the other driver came at you in the opposite direction, so would have crossed over in the wrong lane. Being in the bed of the truck, getting the tow straps out, put you in harms way, since once hit, not surprised you flew out.
IF, your insurance deems the other driver is at fault, then they would owe to fix your truck, or if totaled, pay you fair market value. If, other driver deemed at fault, then they will owe you an injury settlement, that they would REIMBURSE for your medical bills, your lost wages and add pain/suffering. But, with your head injury, it may take a few months with any other treatment, or, to verify no lasting effects from this head injury.
Lawyer, hold off for now. Contrary to the TV ads and billboards, you don't need a lawyer if in an accident. Follow the advice of your insurance adjuster for the time being and wait to see the outcome.
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