so i was in an accident where a women rear ended me. neither of us had insurance. however it is clearly stated that she was atfault. if neither of us have insurance how do i go about getting my car fixed. Do i need to go to small claims court? should i try to sit down and work something out with her 1st. i really hate to have to take her to court! please help!

I was a case manager at a personal injury law firm in Manhattan. I was told in my interview that I would get a percentage of the cases that I settled (before trial). The percentage ranged from 1-5% depending on how much work I did on the case. I settled 1.3 million dollars and never saw a dime. He refused to pay me. He would not even see me to discuss the situation. I have since moved on to another job. Can I take legal action towards him? Will small claims court see my case? Can anything be done in this situation? (It is important to note that NOTHING was ever put in writting, it was all communicated verbally. )

Thank you.

My ex-boyfriend deliberately withheld that he had genital herpes and infected me. I have audio recording where he admits having knowledge and not telling me of his condition. The clinics here in Milwaukee, WI do not test for genital herpes unless you are experiencing symptoms. So the only way for me to be informed of his condition was for him to tell me himself. On multiple occasions, he mislead me to believe he did not have any diseases, though he was being treated with acyclovir for his HSV-2 outbreaks. He left the bottle on the living room table, and because he hadn’t mentioned any illness, I Googled the name of the prescription. Within a week, I had an outbreak and was confirmed to having HSV-2. He has no assets to pursue with a personal injury attorney, and in Wisconsin this is not a criminal matter. I would like information on claims that I can bring against him in small claims court. This is a physical, emotional, and financial burden, as I have to pay for meds every month.
Joyce, it may benefit you to research the facts of genital herpes, or any other subject that you choose to speak on when you’re not very informed.

1) Herpes is a SKIN-TO-SKIN CONTACT disease. So, unless you have on a body condom, that doesn’t prevent infection.

2) Most people with herpes show little to no symptoms. Asymptomatic transmission is where the virus is active and can be spread, but does not produce visible symptoms. This accounts for approximately 50% of all herpes cases.

So, before making ignorant comments, know your subject matter please.

I was involved in a car accident about 3 weeks ago. My light was green and two cars from the opposite side turned … and one of them collided with me. Immediately after the accident, I yelled at the other driver and pointed at my lights — which was still green at that time. My wife was in the car with me, so she also confirmed that our lights were green the whole time.

Unfortunately, my car insurance does not cover my car, only the damages caused by me…. so I was relying on the other person’s car insurance to pay for my damage.

After 3 weeks, the other party’s car insurance decided that since their customer told them she turned when her arrow turned green. They said because it is a SHE SAID – HE SAID situation, they deemed no one at fault, so they refused to pay for the damage to my car.

My question is can I sue the other party in small claims court?

I feel that their assessment is unfair, and does not take into consideration my wife’s testimony.
The accident occurred in California — which is NOT a "no-fault auto" state.
I cannot prove the lights are malfunctioning, but how often do lights malfunction? — especially in a busy city such as San Francisco?

The other car that turned with her said he thought his arrows turned green, but could not be sure, because he was focused on her car swerving into his lane, and was speeding up to prevent her from cutting into his lane. And he did remember me pointing at my lights and yelling right after the collision.

I got into a car accident in May 06, and had GAP but no regular car insurance. I bought the car, but it was on loan. I initially won in small claims court, but was just overturned on appeals. I am pretty sure I can sue her in Civil Court, but I want to know what else I can do. Does GAP help me at all? Should I notify the loan company that my car is destroyed? If I do, will it destroy my credit?

Any and all help appreciated.

Thanks,
Mark

My husband’s car was rear ended on his way to work. The damage was so bad that the car had to be totaled. The person at fault had no insurance since he had not paid it since April. We only had liability insurance on the car. Does anyone know what our options are to receive compensation for the lost of the car? Small claims court limit is 00, but our car was worth more than that so suing him in small claims court is out.

simply stated, I was rear ended in an accident. I was cited for "unsafe cutting in while passing." I was not familiar with the law in regards to rear end auto accidents. I believed him to be at fault for not allowing enough room and figured he would have been the one cited. So I showed up for court and plead not guilty to the citation, I then sat down with the city prosecutor and had the citation dismissed. I thought all was well and good, so I contacted the other parties insurance informing them that I had my ticket dismissed, and believed their driver was at fault for the accident and should pay the claim. They informed me that they had just sent a letter to me, ironically on the same day as my court appearance, that says they denied me any compensation.

SO….now that I got the ticket dismissed, and proved that I was not at fault I want the insurance company to pay. It seems like everyone I have talked to said that I only have one option, and that is to sue in small claims court.

Is that my only option….I proved that I was not at fault! I don’t want to wait months and months for a small claims judgement that will not be payed, I will then have to go back to court for garnishment, this is a 20 year old kid, garnishment is the only way I’m going to see any money. On top of that I will be driving a wrecked car(possibly, hasn’t happened yet) getting pulled over once a month by any cop that just wants to pull me over because of the way my back end looks. If it gets to that I will have to find a different vehicle to drive. Everyone thinks that car accidents are about personal injury, and tons of money….I JUST WANT MY CAR FIXED.

What options do I have now? Can I go after the other parties insurance company for not paying a legitimate claim of liability? Would it be worth a lawyers time to pursue this?
O.k. let me add some details.

I do have insurance in WI, only liability…same as the other driver.

Getting my ticket dismissed discredited the officers opinion of the accident, good as not my fault in my book…the other driver was not citied for anything. My opinion of the incident is that I legally passed him, got fully back into the right lane, and believe he didn’t maintain his speed and intended to tailgate or pass me after I passed him. He failed to watch the road as I was slowing down to the speed limit, in my opinion. The officer has his too. I didn’t cut him off, as the officer stated in the report. Again the ticket was dismissed. I am not hiding or leaving out details that would effect user answers
Again, I see where we are all coming from, and thank everyone for their input.

I agree I should have been charged for speeding, that I could have not fought, I am guilty of that, why the officer failed to cite me for that, I have no idea.

Several weeks ago I was involved in a car accident. As I was exiting the intersection, this lady came out of nowhere and I hit the front left part of her vehicle. My car was not drivable after this point. I got out of the car and I walked towards her car and I asked her if she was okay. And she nodded. And then I told her that she ran a red light and she acknowledged the fact. I called the police and they told me to call the insurance company and so I did. I also waited for them but they never showed up (Oakland, CA). She was an old mexican lady and couldn’t really speak english. About 45 minutes later her son came walking from the distance and she told me that he speaks english. So I told him "hey.. your mother ran a red light and look my car doesn’t work anymore. I don’t think the police are coming, and I don’t think its necessary for you to wait with me for the tow truck. I have all your information so you can go" So then they left. At this point I trusted her (BIG MISTAKE) But then she turned around and told her insurance company that I was the one that ran the red light.

So, although there are no witnesses (because she admitted guilt to me and I didn’t think I needed them!! ugh) I sued her in a small claims court. Because..its 5 pm on a weekday in a busy intersection and it would have been nearly impossible for me to have driven across 5 lanes of traffic without hitting any other cars, had I ran the red light.

So..My question is…If the judge rules in my favor, is her insurance company going to pay me out? or are they no longer involved?

And any other information regarding this situation would be nice. Thank You

I am taking the other party involved in a car accident to small claims court. He committed a hit and run and i want to collect money for damages not regarding my vehicle. Reimbusrment for the extended rental car and time loss. i was unable to attend my college orientation and welcome day because i had to stay back home and take care of the car issue. i also missed work and the accident has simply been a burden on my life right now. I cant even drive past the itersection where it happened anymore. It is insane.

My son rear ended a vehicle. It was his fault. We live in Michigan and have a MI. no fault law. She tells us her damages are 00 less her 0 deductible and she is taking us to small claims court to pay for her 0 deductible. Can she do this?