Traffic Accident - Help Options
Q: In January, I was rear-ended on my way home from work. I was driving my best friend's car at the time, with the intention of buying it from her. The car was insured (liability only; it was a '92 Chevy Cavalier). The car/driver who rear-ended me was insured. Details: I was going 50mph EB on I-70 in Indianapolis. It was raining and the temperature was just above freezing. I was in the center lane, and the 18 wheeler in front of me was going slightly slower than I was. I signaled, checked to see if the left lane was clear, and changed lanes. About 45 seconds later, I was rear-ended. The driver told me - and the police officer - that it was his fault that he rear-ended me, although that part didn't make it to the police report. I acknowledged that I had changed lanes - which did make it onto the police report. His insurance company decided, based on his statement alone, that the accident was my fault, and refuses to pay anything. (He told them that I cut him off then slammed on the brakes.) The car is totaled (okay, it was a 92 Cavalier...sneezing on it would have totaled it.) I was off work for a week (after he rearended me, the car spun and hit the concrete median divider, bounced off that and spun across 3 lanes of traffic to smack into the metal guardrail. I had my seatbelt on, but still got bounced around pretty good.) I've got some medical bills - about $1500 worth. And I'm on the hook for the purchase price of the car (blue-book value). My friend's insurance is only refusing to pay for any damage to his car, they're not helping my friend recover the blue-book amount for her car - or for any of my bills. My attorney suggested I sue him in small claims court, saying that his insurance company would have to cough up. A co-worker, who is not a lawyer but claims to know about such things, told me that this was bad advice, that if I sue the driver in small claims, his insurance wouldn't have to pay anything and I'd never collect. I would normally just take my attorney's advice, but to be honest, he didn't sound too sure about it. So...any advice here? Or do I just grit my teeth, pay my friend for the car, and hope that the SOB who hit me shows up at my work one day while we're being robbed? (I'm an armed security guard)
A: I don't understand your friend's logic about small claims, as it's judgements and orders are as enforcable as any other venue. Speaking off the top of my head, I would say that you have a very good chance of remedy in your circumstances. This is based primarily upon the improbability of the events as occuring as related by the other driver without you being ticketed for driving in an unsafe manner, given the weather conditions. My advice, which I am not allowed to offer, as I am not an attorney, is to do a little lawyer shopping. Check around for those "ambulance chasing" types who specialize in personal injury and you might be in for a pleasant treat.... -I take my co-worker's comments usually with a huge shaker of salt....he also insisted that Indiana law says that *I* had to have auto insurance...despite the fact that I don't own a car. He claims that Indiana wants the *driver* insured, not the vehicle. However, on the collections issue, I've heard from other people that collecting a small claims judgement is nigh onto impossible...people simply claim they don't have the money. (I'm more than willing to take his 2004 Jeep, minus the payments of course..) As for lawyer shopping...not enough money in it for them. The car is valued at $670; $1500 in medical bills and so far (due to the pay cut I had to take when I was no longer able to get to my previous jobsite) loss of income is about $2000 as of April 1, when I stopped counting. Towing was $160, and the mechanic I had it