FAQ’s – Auto Accident

FAQ: Automobile Accidents

The team at Jupiter Legal Advocates has put together this auto accident faq list that may help answer questions you have about an automotive incident.

If you don’t see your question answered here – please email us at info@jla.legal so we can help you.


Auto Accident FAQ List

Q: My ticket was dismissed but a claim has been filed. What do I do?

The person who hit my car has decided to file a claim with my insurance company.  The Traffic ticket got dismissed because there were no witnesses.

I filed a claim against the person who hit my vehicle. The person received a ticket. I received only 70% of the appraised amount leaving me unable to fix my vehicle.

I thought it was over but apparently not. 

 

FAQ - Auto Accidents

The police officer never listed me as a witness and the officer did not show up to the court hearing as the person decided to fight the traffic ticket which got dismissed for that reason but not because he wasn’t truly guilty. Now the person has filed a claim against my insurance.

Will the dismissal of the traffic ticket help him in his case against me? If he accepts the claim amount, can he still take me to small claims court for the difference, it’s under $5000 in damage?

A: Let’s take this auto accident faq item by item …
  1. After the accident, you filed a claim with the other side’s insurance company. They offered you 70% of your claim. You accepted, you got paid and your claim was closed.
  2. The other driver received a ticket that he was able to successfully fight in court. After the dismissal of the ticket, he files a claim against your insurance for about $3k in damages.

If what I understand is true, didn’t you sign a release of all claims when you settled your claim for %70?  If so, you no longer have any claim you can pursue anywhere, in small claims or otherwise.

The other driver, however, can make a claim for whatever he feels he should. Your insurance company will either settle with him – asking him to sign a release of all claims in the process – and if settled and the release signed, he will give up his right to pursue the claim any further forever and for good.

If a settlement does not happen, you may be sued, in which case your insurance will provide you with the defense per their responsibility under their contract of insurance with you.

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