Grover Beach, CA Personal Injury Law Firms & Lawyers

A person can be sued for causing an accident regardless of whether anyone was cited for the accident. There are a number of reasons why law enforcement may not issue a ticket. An example could be if both driver's were at fault for an accident. Law enforcement may choose not to issue a ticket to either driver. These drivers can still sue each other. As long as a person is less than 50% at-fault for an accident, he or she can recover, less their percentage of fault, from the other driver. For example, if one driver is 60% at fault and the other driver is 40%, and the case is worth $1,000.00, the 40% driver would recover $600.00. As to your situation, if you are sued by the other driver you can file a counterclaim against the other driver asserting that he was at fault. A judge or jury would then determine who was at fault and if you prove the other driver was a fault, you would win on your counterclaim and receive money. You may want to talk to an attorney to discuss your case and learn more about your rights and options.

Here's how it works First, the expenses are deducted, then the attorney's fee is one-third of the remainder. After that, any liens such as medical or workers comp. For example: suppose the gross settlement is $30,000 with expenses of $6,000 and a medical lien of $3,000. Here's how it goes: expenses are paid, that leaves $24,000. Attorney's fees are one-third of that, which is $8,000. That leaves $16,000 out of which the medical lien is paid, which yields you a net of $13,000. You should file a complaint with your local grievance committee, they will straighten it out for you very quickly.

That is the maximum that that insurance company is going to pay per their contract. It is possible to get more from the at fault driver if they have other assets. It is also possible to make a UIM claim against your own policy as well as any other policy in your household.