PeachParts Mercedes-Benz Forum - View Single Post - Need letter-writing advice/ Insurance Issue

Jim B. · #15 12-20-2007, 01:29 AM

Quote:

Originally Posted by bstreep

Just a simple observation here. I'm sorry for your friend, but you were in your friend's car. Your beef is with HER insurance company. Not the guy who hit y'all. It's NOT your job to figure out who was at fault. In your case, it's your friend's insurance company that needs to pay you, then go after the other guy.

And yes, get a new lawyer. NOW.

P.S. I don't care where you are, ALWAYS call the police. ALWAYS, ALWAYS, ALWAYS. If the other driver leaves, tell the police it was a hit and run.

Are you sure about that?

In Maryland, (example below), as elsewhere,

http://www.kramerslaw.com/step2.htm

Things can get complicated, sometimes. I would think the claim is actually against the tortfeasor, ie, the driver of the OTHER car, that hit the car in which she was riding in as a passenger.

Is it a no fault insurance state? Would custom be to collect from insurance of the car the passenger was in, and let them subrogate, as you have suggested, or would it be to sue the driver of the car who hit them in the rear, after negotiating directly first, with that driver's carrier (MAIF group)?

I really don't know. But theoretically at least the passenger could be paid from both sources.

A good lawyer is needed here for this car accident victim.

These things can get complicated:

For example:

"Two drivers were heading towards the same intersection in their cars, on different streets. The first driver was was speeding over the posted limit; the second was in violation of a statute that stated you shall not drive while intoxicated, but was driving under the posted limit.

However, there had been a terrible storm a few hours previously, that had downed power lines and caused terrible emergencies, one of which was a malfunction in the traffic light grids, which caused a disruption in the signal lights, such that the traffic signals at this particular intersection were BOTH lit green, for each direction, at the same time.

Moreover, the City KNEW about this, for three hours, but had done nothing.

Then: BAM!!!! Huge car crash at the intersection!!!

Discuss legal liabilities". (This was actually a question in the California bar examination many many years ago)!!!