Legal Question in Personal Injury in Georgia
Problem with determining fault after truck accident
My mom was driving down I-85 when one of those big tractor trailer hit her, made her car spin and end up facing the wrong way. The truck drove off. After the cop came, the truck driver returned. Evidently it was a really stupid cop, because he didn�t issue anyone a ticket. In the police report he did not even write down that the truck driver left the scene, and also, he wrote down a telephone number of a witness without any name. My mom didn�t see any witness on the scene, so she has no idea who it can be. In the police report, the cop indicated that he tried to reach the witness but was not able to.
The truck driver�s insurance company now claims that they cannot determine fault, because they have left messages for this alleged �witness� and never heard back. They won�t give her anything. Her insurance only covered liability, so she probably won�t get anything out of them for her own car. The car is a total loss. Any ideas of what she should do now?
3 Answers from Attorneys
Re: Problem with determining fault after truck accident
She should consult with an attorney ASAP. Just because the insurance company says it can't determine fault does not mean that someone with proper investigation can't.
Re: Problem with determining fault after truck accident
You can generally expect insurers for trucking companies to lie, cheat and steal at every opportunity, and to take advantage of every perceived weakness in the people the truckers hurt. That is standard operating procedure for many of them. Do not accept their delays and obfuscation.
You did not indicate whether or how she was physically injured. That is vitally important in finding an attorney who will handle your case on a contingent fee basis. If it is simply a matter of property damage, you can probably find an attorney but I don't know who. If there is a very significant personal injury, then there are many of us experienced in big truck cases who know what to do, how to do it, and would be willing to take the case on a contingent fee basis, i.e., a percentage of what is recovered for the client.
Re: Problem with determining fault after truck accident
One should never negotiate car accidents with insurers. Some are horrible and some just poor in dealing with individuals. I am assuming from what you posted that she probably was injured. If she was, and got prompt treatment, and the accident was recent, a personal injury lawyer might be interested in the case. Our office does handle such matters (we don't do cases with property damage only); if there is an injury we can be reached at 404-768-3509.
If there is property damage only, she may be able to sue in small claims court (magistrates court) and/or make a complaint to the state insurance commissioner.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
