Law advice - Auto

[8bucks 7,595]

My daughter was recently in an auto accident which totaled the car and sent her to the hospital.  Fortunately, she walked away with a fractured sternum, sprained ankle and several bruises so we are very thankful.  She had an older car and it was totaled (value ~ $5000-$7000) and her current medical bills are around $10,000 before insurance. The other driver (Truck going east bound) was waiting to turn across oncoming traffic and as the light was changing to yellow he turned into this intersection.  My daughter was traveling westbound into the intersection at about 45 mph and the cars collided.  No witnesses to the accident came forward to shed any more light.  The other driver claimed my daughter ran a red light she is convinced it was just turning yellow.

I went to the intersection recently and watched the sequence and i could not see a scenario where the accident would have been her fault.  IF she did run a red light, then the truck turning in front of her also ran the red light (both at fault at a minimum or maybe more him since he turned in front of on coming traffic).  IF the light was yellow as she described it would clearly be the truck's fault.  

My insurance said it would likely go to arbitration since both parties are saying "not me".  So my question is, would it be worth contacting an attorney for this?  The costs on our side are not large.  My daughter does have some fear now to drive so even adding that as pain and suffering I know this is not a big case for any attorney.  But I have heard that insurance companies have sort of decided it is not worth the money to fight on small deals like this and will just agree to settle with a no-fault and move on.  

Any advice would be appreciated.

[Dave from Dayton 4,082]

2 hours ago, 8bucks said:

My daughter was recently in an auto accident which totaled the car and sent her to the hospital.  Fortunately, she walked away with a fractured sternum, sprained ankle and several bruises so we are very thankful.  She had an older car and it was totaled (value ~ $5000-$7000) and her current medical bills are around $10,000 before insurance. The other driver (Truck going east bound) was waiting to turn across oncoming traffic and as the light was changing to yellow he turned into this intersection.  My daughter was traveling westbound into the intersection at about 45 mph and the cars collided.  No witnesses to the accident came forward to shed any more light.  The other driver claimed my daughter ran a red light she is convinced it was just turning yellow.

I went to the intersection recently and watched the sequence and i could not see a scenario where the accident would have been her fault.  IF she did run a red light, then the truck turning in front of her also ran the red light (both at fault at a minimum or maybe more him since he turned in front of on coming traffic).  IF the light was yellow as she described it would clearly be the truck's fault.  

My insurance said it would likely go to arbitration since both parties are saying "not me".  So my question is, would it be worth contacting an attorney for this?  The costs on our side are not large.  My daughter does have some fear now to drive so even adding that as pain and suffering I know this is not a big case for any attorney.  But I have heard that insurance companies have sort of decided it is not worth the money to fight on small deals like this and will just agree to settle with a no-fault and move on.  

Any advice would be appreciated.

Sorry to hear about your daughter's injury and accident.  1.  Get a copy of the police report. Was anyone ticketed?  2.  Contact her insurance company claims department and find out what they are needing and going to do.  You said leading toward arbitration.  Does that mean your daughter's insurance premiums will go up?  Was the trucker insured?  3.  Make sure to document daughter's health situation and costs.  Do not be surprised when, down the road, she finds continuing health issues and therefore costs.   4.  Contact an experienced attorney and ask to have 1/2 hour free consulting.  But have your ducks in a row to do that.  At least talk to them over the phone.  Do not get an inexperienced attorney: specifically check related experience.  5. Never, ever sign off on anything without fully understanding, from a legal perspective, what it is.  6. I hate to suggest this, but check the time of the accident and your daughter's cell phone usage within one minute before the accident.  7.  Are there traffic video cameras at that intersection.  The local street maintenance division or the engineering/traffic division of the local political jurisdiction would be easily able to tell you if it is recorded.  

[mamasa 16,027]

1 hour ago, 8bucks said:

My daughter was recently in an auto accident which totaled the car and sent her to the hospital.  Fortunately, she walked away with a fractured sternum, sprained ankle and several bruises so we are very thankful.  She had an older car and it was totaled (value ~ $5000-$7000) and her current medical bills are around $10,000 before insurance. The other driver (Truck going east bound) was waiting to turn across oncoming traffic and as the light was changing to yellow he turned into this intersection.  My daughter was traveling westbound into the intersection at about 45 mph and the cars collided.  No witnesses to the accident came forward to shed any more light.  The other driver claimed my daughter ran a red light she is convinced it was just turning yellow.

I went to the intersection recently and watched the sequence and i could not see a scenario where the accident would have been her fault.  IF she did run a red light, then the truck turning in front of her also ran the red light (both at fault at a minimum or maybe more him since he turned in front of on coming traffic).  IF the light was yellow as she described it would clearly be the truck's fault.  

My insurance said it would likely go to arbitration since both parties are saying "not me".  So my question is, would it be worth contacting an attorney for this?  The costs on our side are not large.  My daughter does have some fear now to drive so even adding that as pain and suffering I know this is not a big case for any attorney.  But I have heard that insurance companies have sort of decided it is not worth the money to fight on small deals like this and will just agree to settle with a no-fault and move on.  

Any advice would be appreciated.

Hope her recovery (and legal process) goes very well!!