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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4823
Experience:  Experienced in both state and federal court.
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This is the car accident case. It happend that I hit the car

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This is the car accident case. It happend that I hit the car in Seattle traffic, that was in front of me. And I did not have an insurance at that time. So, other car insurance sent me a letter inviting me to the court on the 3rd of ceptember. Please give me advise;- what is thebest thing I can do? I could not find a lawer to help me in the court. We are the low income family, and I am only the driver.We have diabetic child and often use our car for his medical needs. If i will be alone in the court (without a lawer) , what do I have to lell Judge? Thank you so much for your advise.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

When you say they "invited you to court," do you mean they filed a lawsuit?>

Customer:

I think so. At the same day they sent me a letter with money amount for car repairs.

TexLawyer :

OK. Telling you exactly what to do is a little tricky since I don't really know any of the facts of the case. Do you think you were at fault for the accident?

TexLawyer :

You basically have 3 options:

Customer:

It happened so quikly,but i was told I have to keep my distance anyway

TexLawyer :

1) if you think you are liable for the damages and you think the other side can easily prove that, then you will be best served by negoiating a settlement with them. Obviously, they will take less than they are asking just to avoid the cost and risk of a trial.

Customer:

What options?

TexLawyer :

2) if you don't think you are responsible, you will have to deal with the lawsuit and defend yourself in court. That will entail calling witnesses on your behalf to prove that you weren't at fault. Obviously, this can be very tricky for non-lawyers.

TexLawyer :

3) if you think you are responsible, but can't reach an agreement with the insurance company regarding an amount to pay, you can take that issue before the judge and allow the judge to decide how much you owe.

TexLawyer :

One thing to keep in mind is that if you don't have any money, even if they get a judgment against you, it will be very difficult for them to collect.

Customer:

I made couple pictures of that car The damage was just onthe rear bumper, but they gave me amount of $6000 for repair. Can i ask Judge to lover this amount? And ask him for a payment plan?

TexLawyer :

If you want to ask the judge to lower this amount, you should provide some evidence as to why it should be lowered. For example, if you can get a second estimate, that would be idea.

TexLawyer :

ideal.

TexLawyer :

Yes, you can agree to a payment plan with the insurance company.

TexLawyer :

If you think the accident was your fault, my suggestion would be to negotiate the amount down as far as possible, and then agree to an extended payment plan, as little a month as they will agree to. Be sure to require the insurance to waive any interest.

TexLawyer :

Do you have any questions?

Customer:

Please tell me more,about your last centance. What do you mean by telling:be sure to require the insurance to waive any interest? And i forgot to tell you that now I have same car insurance company thatis against me.

TexLawyer :

If you decide to reach an agreement with the insurance company and make monthly payments, they may be willing to not make you pay interest. You don't want to pay interest, if at all possible.

Customer:

Now I borrowed some money and bought another car, can the insurance company take this car for the payment?

TexLawyer :

No.

TexLawyer :

Not unless you want to give it to them as part of the payment, but they can't take it against your will.

Customer:

Thank you so much.

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