How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37094
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

RA - amm

Customer Question

I was forced off the road by another driver, the WSP charged the other driver with "unsafe lane change" and ruled it to be the fault of the other driver. we both have insurance mine says it was no fault of mine, the other drivers will not except responcibility because he says it wasnt his fault and are going to side with there policy holder. what can i do now?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.

I am very sorry to hear that you are in this situaton. What state did this occur in? How much damage did your vehicle incur? Did you sustain any injury yourself?
Customer: replied 1 year ago.
washington, i can send you a copy of the report from the WSP
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.

My apologies but that won't be necessary, police reports are generally deemed 'hearsay' and are not admissible in court. Could you respond to my other questions, please? The information there will tell me of your most ideal options in this case.

An additional question, if I may. Have you spoken to your insurance and requested that they pursue the other party on your behalf?
Customer: replied 1 year ago.
not in those words but yeah without having comp they are not helping at all i have farmmers and they have progessive
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.

Got it, you do not have comprehensive and the insurance carrier is refusing to pursue. Can you please tell me what injuries you or your vehicle suffered--that is really the most important question and you have yet to provide me with that information. I am asking to figure out where and hwo you would need to pursue your interests. Kindly advise!
Customer: replied 1 year ago.
here is the narrative...
units one (them) and unit two (me) were traveling southbound on I-5. Unit one was in lane two of three while unit two was in lane three of three. unit one made a lane change from lane two into lane three without making contact with unit two. this lane change caused unit two to swerve to the left to avoid a collision and strike the cable barrier.
so the front left side of my car it severly damaged most likely a total value 6000. I had a passenger who went to the ER the next day with neck pains.

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.

That does give me the information that I was seeking, thank you. Please allow me to summarize your options and also some potential concerns.

1. The fact that you were not directly hit is not indicative that the other person is not at fault. While direct contact would have been better from a legal and personal injury perspective, you can still make a direct claim that 'but for' his reckless behavior, you would not have swerved and would not have consequently suffered damages. If your insurance company is refusing to cover you because this is outside of your scope of coverage, you have the right and the ability to take this person to court directly yourself. The problem is that the small claims court can only hear cases of up to $5,000, so if you wish to sue him personally and without the help of an attorney, you would need to make your claim less than your damages. Otherwise you would need to take him to a higher court and potentially get an attorney to assist you. You also can speak with a personal injury attorney to see if they can negotiate for you and pursue the the party for damages. Based on your insurance coverage that is not likely to help as most attorneys would likely pass on this case, but it is possible.

2. The major concern here is the passenger. Since she was driving with you, she has the ability to file suit against the owner and the operator of the vehicle in which she was injured (meaning you). I cannot tell you if she will, but under state law she can do so. She also can bring a separate cause of action against the other driver for her damages and also use the 'but for' argument above to claim that he would be liable to her for damages.


Hope that helps.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.