In a car accident what should I do, legally speaking?
OK... Let me explain the accident.
I am in the Navy on leave back home in Texas. My friend was driving my car with me in the passenger seat. We came to a merger of two roads and there was an 18 wheeler sitting in the merging road at a yield sign. We did not have a yield sign. We continued on at the speed limit roughly 60 miles an hour. The truck started moving forward right about the time we were at a point of not being able to stop. There were two lanes for a few hundred feet, so it appeared as if he was just getting ready to merge after we passed him. At about the time we were at the back tire of the trailer the truck began a hard left turn from the right lane into the middle median as if to do a U-turn. There wasn't much we could do except slam on the breaks and turn the wheel hard left. We collided with the truck just below the driver side door. Everyone came out "OK" meaning no hospital visits.
To some it up the truck took a sharp left hand turn from a right hand lane with a yield sign in front of my cars path of travel. My question is rather or not I have any legal action to take? I do not wish to pay out of pocket for a new car when I was just about to be right side up on this one. I'm not out to make it rich off of a wreck, just to cover my losses.
I have contacted my insurance company. They are sending an appraiser out to look at the car. I have full coverage on the car and told my insurance company(USAA) that my friend was driving and they said that as long as I had given consent it would be covered. The police were at the seen, however they did not tell me where the "blame" was going. Neither me nor my friend received a careless driving ticket. I am unaware if the truck driver did. I will not be able to get a copy of the report for about a week. I have all the information for the truck driver and the company. I'm more looking for examples of past cases where a 18 wheeler was found at fault for a wreck. Again I am not trying to be and "ambulance chaser" I just want to cost of my vehicle and the resulting damages to be covered.
- LoriLv 69 years agoFavorite Answer
Were the police called? Was there an accident report? Did that report assign fault? Did either driver receive a ticket as a result of the accident?
You should first contact your insurance company. They would go after the driver/owner of the truck or the driver of your car (whoever was at fault). However, if the driver of your car was at fault, and you negligently provided that person with authority to drive your car, that may limit the amount you can recover.
- David SLv 79 years ago
2. Call the police
3. Exchange insurance information
The police will record the circumstances and determine who was at fault. Your insurance company will use that information the make a decision about which insurance company is going to foot the bill.
Based on your account of the accident, I believe that his insurance company will be responsible for a settlement on your vehicle, which will be based on the cost to repair your vehicle, or if totalled, its blue book value.
- Anonymous9 years ago
that's what insurance is for - you pay for their people to handle this stuff for you. If you don't have insurance you will have to get a lawyer at your own expense, although ambulance chasers like John Edwards (D) will sue on contingency then take 40% of what you get.