In most cases, PIP is all the coverage you need. But sometimes it isn’t. Particularly if the accident wasn’t your fault and your injuries are serious, a car accident attorney can ensure you fully understand your situation and options for filing car accident claims.
You may be wondering “should I get a lawyer for a car accident that wasn’t my fault?” The short answer is “yes.” The reasons you should get a lawyer, even though you’re not at fault, include the following: 1. You could face the risk of financial losses without an attorney 2.
In a parking lot crash, there are a few rules of thumb in determining fault: If one car rear-ends another car, then the car in the rear will generally be at fault. This principle of car accident law applies anywhere on the road.
Here are a few common parking lot accident scenarios and who is likely liable: When both drivers are backing up out of parking stalls at the same time, neither has the right-of-way. Both are expected to watch for other vehicles and both would likely be liable in a collision.
Parking lot accidents differ in another way: the property owner is more likely to be involved. The owner of the parking lot will vary, but it is typically either a business that is adjacent to the parking lot, or else a separate parking business (especially in the case of multi-story parking structures).
The First Steps to Take When You Are in a No-Fault AccidentWhat to Do Immediately After the Crash. ... Collect Information on the Accident Scene. ... Call the Police. ... Record the Event in Writing at Home. ... Inform Your Auto Insurance Company About the Accident. ... You May Choose to Sue the At-Fault Driver's Insurer.More items...•
Insurance company adjusters determine fault in an auto accident after reviewing the police report and other evidence. They may also ask you and the other driver questions about the collision to try to piece together a reliable narrative of what happened.
within 30 daysIn general, the insurer must complete an investigation within 30 days of receiving your claim. If they cannot complete their investigation within 30 days, they will need to explain in writing why they need more time. The insurance company will need to send you a case update every 45 days after this initial letter.
If your claim is denied, regardless of how valid you believe it is, you'll most likely need to hire an attorney if you choose to fight the denial. After all, insurers make a profit by taking in more money in premiums than they pay out in claims.
Even if you didn’t cause your car accident, you may still need a lawyer to protect your rights and help you get the best result. 1 the accident caused significant injury or vehicle damage 2 fault is in dispute 3 the insurance company is digging in for a fight, and 4 the fault rules in your state make things a bit more complicated.
You might have no doubts that the other driver caused the accident, but if you and the other driver have different stories, it might result in an ongoing investigation by each insurance company. And if enough money is at stake, your car accident may result in litigation. If there's a lot at stake and neither side is ready or willing ...
But if the plaintiff is 55% at fault, the plaintiff gets nothing. Contributory negligence means a plaintiff can only recover from the defendant if the defendant is 100% at fault for the plaintiff's harm. Imagine a car accident where the plaintiff gets t-boned at an intersection because the defendant was under the influence ...
If a plaintiff has $100,000 in damages, but is 45% at fault, they can still recover $55,000. Modified comparative negligence: The ability to recover depends on ...
So if the plaintiff is 25% at fault and they want $100,000 from the defendant who is 75% at fault, the plaintiff gets $75,000. But if the plaintiff is 55% at fault, the plaintiff gets nothing.
If you try to make a sizable (but justified) claim to cover all your losses, there's a good chance the at-fault driver's insurance company will either dispute liability or deny that your losses are as extensive as you claim. And if the other driver has extensive damages, they may try to point the finger at you, ...
If you're in a modified comparative or contributory negligence state, you might need an attorney to make sure you're getting the best result. Learn more about how an attorney can help in a car accident case ...
In a parking lot crash, there are a few rules of thumb in determining fault: If one car rear-ends another car, then the car in the rear will generally be at fault. This principle of car accident law applies anywhere ...
Pedestrian Accidents in Parking Lots. Pedestrians face unique risks in a parking lot. Even at a low speed, an impact between a pedestrian and a car can be fatal or result in catastrophic injury. Most accidents in parking lots involving pedestrians are the fault of the driver.
There are two kinds of lanes in parking lots: thoroughfares (which are larger and lead out to the street) and feeder lanes (which are smaller and lead to other thoroughfare lanes). Drivers in thoroughfare lanes have right-of-way over drivers in feeder lanes, so if a driver pulling out of feeder lane hits a driver in a thoroughfare, ...
If a car backing out of a parking space hits a car driving straight in a lane, the driver backing out of the parking space will be at fault. Drivers heading straight in a lane have the right of way. If two cars backing out of opposing parking spaces collide, both will generally be at fault.
If poor safety conditions caused or contributed to your accident, you may be able to sue the parking lot owner. You may do this either in place of a lawsuit against the other driver involved , or in addition to one, depending on whether fault was shared or was entirely due to the parking lot owner.
Children can be particularly difficult to spot. However, pedestrians can sometimes be at fault in an accident, and cell phone use is frequently a factor in such accidents. So, put your phone away and stay alert when walking through a parking lot!
For the most part, parking lot accidents are not radically different from other types of car accidents, but there are a few important distinctions.
Most parking lots are private property and not subject to state traffic laws. While that means the police won’t investigate every fender-bender, there are basic right-of-way rules that will help support your insurance claim.
An overview of typical parking lot accidents can’t account for variables that influence what caused an accident to happen. For example, icy conditions can make it impossible to avoid hitting another car in a parking lot. Keep this in mind when reading the following scenarios.
In no-fault insurance states, your medical bills and lost wages are covered under your own insurance policy’s MedPay or Personal Injury Protection (PIP) coverage, regardless of who caused the crash. You must file a claim with the other driver’s insurance to cover your property damage.
Liability in parking lot accidents typically depends on two things: whether both cars were moving at the time, and which car had the right-of-way.
Right-of-way is another determining factor in parking lot accident liability. Generally, the driver who had the right-of-way is not liable unless they were doing something illegal at the time like speeding.​ Note: Many large parking lots have posted speed limits, but when in doubt, 15 mph is a good limit to stay under.
Here are a few common parking lot accident scenarios and who is likely liable:
Why try to navigate the complicated legal waters of an injury claim on your own? At Jay Trucks and Associates, we are ready to work hard to protect the value of your claim throughout the legal process. It is also a well known fact that accident victims often obtain more compensation with the help of an attorney than if they pursue a claim alone.
If your vehicle suffered damages due to a hit-and-run accident in a parking lot, you may be able to pursue compensation for the damages under your vehicle's collision coverage. However, if the damage is relatively minor, it may be a good idea to get a quote on the cost of the repairs first. If the cost is minimal, it may be cheaper to repair the car on your own and avoid the risk of having your insurance premiums go up.