Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Mr. Garner. You answered a question for me yesterday and I…

Hello Mr. Garner.You answered a...
Hello Mr. Garner.You answered a question for me yesterday and I was hoping I could do a follow up . I am Ok with paying a second time to handle this as a follow up issue. I was contacted by State Farm today after filing my claim and was told that the other driver is claiming they were completely on the shoulder and had their hazards engaged. I explained to my claim,rep. That I have video disputing that. She said she is leaning towards finding me at fault since I must have been over the line when,she was hit. I am sending the video with my explanation in writing. I would like to send you the you tube link to review and make sure that I am not making unnecessary or damaging statements. Ironically, State Farm will only accept a YouTube link sent by email or a mailed in disk /flash drive for virus reasons. Can I use your expertise again to review my response to State Farm and make sure it is appropriate ?
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 hours by:
11/25/2017
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1,053
Experience: JD with Distinction, Admitted to practice in California
Verified

Hello,

I'm happy to help.

DCG

Ask Your Own Legal Question
Customer reply replied 2 months ago
Thank you. Let me start by telling you my interactions today and than I can send you my proposed response to State Farm with the attached video.Today I notified my claims department about the accident. About two hours later, I received a call from my claims examiner. She stated that she spoke to the woman who had all my insurance information and the accident report number. She stated to the claims examiner that the state trooper told her I was at fault and that he was writing me a summons. She also stated she was clearly pulled off the road and had her hazards on. She stated to the claims agent that she had sat in her car for 15 minutes and no one else hit her. She did not mention that she was sitting in the passenger seat because she had several close calls. Something she clearly told both me and my wife.At the point the state trooper arrived, he spoke to the woman in the disabled vehicle and a second person who hit the barrier trying to avoid our accident. The trooper refused to allow me or my wife to walk to or photograph the other vehicles while he allowed her to walk to mine. He provided my insurance information and report numbers to the other two drivers but would not take my statement or give me a report number or provide me their information. He made a remark about people driving too fast and that I could only take to mean he was referring to me. He claimed he saw my skid marks leading to her car from behind but she was side swiped and not hit from behind. The video also,shows I did not brake because I did not see the car. The video also shows my car continued to go straight after striking the vehicle indicating it was a side swipe.My adjuster was calling me today to basically tell me they were going to accept responsibility based on what the other driver stated plus verification once the officers report was provided. I explained to them that I had a dash cam in the car and recorded everything at the time of the incident including the disabled driver not having hazards on and that her car placement was clearly showing she was on the line and not completely on the shoulder as she stated. I also told the adjuster that the officer would not allow me to inspect any damage or make a statement and told both my wife and myself that he was not thinking about who was responsible and that he wanted us off the road because he had another call to respond to. I have had so many positive interactions with police officers that this one shocked us.I understand that my focus needs to be on the fact she did not have hazards on (which I think we can all agree on based on the video) but based on her other inaccurate facts and the state troopers inaccurate report, I am wondering how much I should respond to. I am also apparently receiving a citation but I have no idea for what.Here was my response attached to the video. Please advise if I should add or remove anything.
Customer reply replied 2 months ago
I am not seeing things correct ? It clearly shows no hazards on ?
Customer reply replied 2 months ago
My vehicle damage
Customer reply replied 2 months ago
My vehicle damage 2
Customer reply replied 2 months ago
My vehicle damage 3. It appears all the damage was clearly on the side. I don’t even think I cracked my head light.

Hello,

Before you get in too deep, I think I would wait until you see the police report and find out if they are sending you a citation. You might simply forward the video and note that clearly no emergency flasher were visible or other warning devices present. Then hold off on making any other statements until you see the documents to follow. No sense in locking yourself into a statement before you see what you have to respond to. What I would do is run this by a local attorney. You are not bound by the cop's and insurance companies' determination as to fault. You may wind up in a situation where you have a significant claim against the other driver.

DCG

Ask Your Own Legal Question
Customer reply replied 2 months ago
The state police barracks confirmed I was being cited and was found at fault when I called them. The report will not be positive or accurate. I will take your advice about limiting my response. In your opinion, should I get a local attorney now or wait. What type of attorney (specialty) should I look for ? I will absolutely fight the citation.

Hello,

I would wait. Get all the documents together, see what they say, and decide then. It would not hurt to consult with an attorney (personal injury/auto accident) as most will do so for free. Show them the video, the paperwork, etc and see what they say. If an insurance company thinks you have representation, they will probably handle the case differently. Either way it would not hurt to talk to someone for free, and I concur with your intention to fight the citation.

DCG

David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1,053
Experience: JD with Distinction, Admitted to practice in California
Verified
David C. Garner and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask David C. Garner Your Own Question
David C. Garner
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1,053
1,053 Satisfied Customers
Experience: JD with Distinction, Admitted to practice in California

David C. Garner is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My daughter was in an auto accident in my vehicle however,
My daughter was in an auto accident in my vehicle however, when I submitted my claim to Progressive they told me I didn't have comprehensive or collision covered with my policy. I need HELP! … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,207 satisfied customers
I have filed a pro se lawsuit regarding an auto accident
I have filed a pro se lawsuit regarding an auto accident where I was the backseat passenger. I was wearing a seatbelt. Our car was struck t-bone to the rear and I took the brunt of the hit. In additio… read more
Damien Bosco
Damien Bosco
3,652 satisfied customers
If someone was injured in an auto accident in ma. how after
Second opinion] if someone was injured in an auto accident in ma. how long after the accident should they hire an attorney… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am being sued for negligence in an auto accident case and
I am being sued for negligence in an auto accident case and I am wondering what type of lawyer I need to hire … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Personal injury. California orange county. Reported to my
the auto insurance scheduled an IME and I just cancelled it. Didn't feel comfortable going. YES.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was rear ended in auto accident yesterday in Pennsylvania.
I was rear ended in auto accident yesterday in Pennsylvania. I live in and my car is registered there ad well.... … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife was the victim of an auto accident, she was hit from
My wife was the victim of an auto accident, she was hit from behind by a passenger truck. she required three doctors visit and 8 physical therapy sessions. for pain to her back and neck. she has been … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I received $6.500.00 settlement for an auto accident in
I received $6.500.00 settlement for an auto accident in which I was injured. … read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
I was in an auto accident, not my fault, my daughters
I was in an auto accident , not my fault, my daughters medical insurance paid medical bills (Va Premier) I received settlement, do I owe her insurance reimbursement ? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
Had a little auto accident. the HWP officer ruled the
had a little auto accident. the HWP officer ruled the accident has no fault on either side. the insurance company for the other party wants me to make a recorded statement. am i required to do this an… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,144 satisfied customers
Can my insurance company suit me for personal injury to
can my insurance company suit me for personal injury to another customer within the same company? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I have a question about insurance and personal injury. Az.
I have a question about insurance and personal injury … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was in an auto accident a few years ago. I was not at
I was in an auto accident a few years ago. I was not at fault for the accident however at the time the other driver did not have records of insurance. I paid the $500 deductible to have my vehicle rep… read more
Damien Bosco
Damien Bosco
3,652 satisfied customers
As a driver for Lyft, I was involved in an auto accident
As a driver for Lyft, I was involved in an auto accident with a Lyft customer in my car. I received a ticket so the accident was deemed my fault. Lyft's insurance company paid for fixing the damage to… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a careless driving ticket w/ personal injury in NJ
I have a careless driving ticket w/ personal injury in NJ due to an accident wherein I was stopped behind a slow-moving line of traffic and the car behind me hit me at full speed (~35 mph). As a resul… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,298 satisfied customers
My daughter had an auto accident and the other woman was at
My daughter had an auto accident and the other woman was at fault. Her car was declared totaled yesterday. Will the other insurance company have to pay for a replacement or the value of the vehicle? I… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,800 satisfied customers
I was informed by an attorney in a auto accident personal
i was informed by an attorney in a auto accident personal injury claim that if i did not tell the ER that i had been in an auto accident that they could not use any of my medical records at all even t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
I had an auto accident and was emailed from AAA insurance
i had an auto accident and was emailed from AAA insurance that i was covered and emailed an message saying the claim would be settled for the amount of$6533.00. Saturday evening i received a notice sa… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x