What can I do if I was not at fault for a car accident I was in a car accident but was ticketed?
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What can I do if I was not at fault for a car accident I was in a car accident but was ticketed?
A truck pulled out in front of oncoming traffic. We all had to make a sudden stop. The car in front of me and myself both had to dodge the truck in front of us causing me to hit the back of her car. We did not hit the truck but I hit her. I ended up going to the ER due to the accident and never had a chance to speak to the police. But I was informed that the other driver told police it was the truck driver fault but I was ticketed. Is this my fault? Can I take this to court?
Asked on January 25, 2016 under General Practice, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It would be advisable to obtain a copy of the police report to find out whether or not you were deemed at fault in the accident. You were probably ticketed for hitting the car ahead of you and following too closely.
If the police report says that the truck was at fault in the accident, you would have a claim against the truck owner's insurance company for the property damage (cost of repairs to your car) and a separate personal injury claim.
As for the personal injury claim, obtain your medical bills, medical reports and documentation of any wage loss upon being released by the doctor after completing your medical treatment. Your personal injury claim filed with the truck's insurance company should include those items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If the case is settled with the truck's insurance company, NO lawsuit is filed. If you are dissatisfied with settlement offers from the truck's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the truck's owner. If the case is NOT settled, your lawsuit for negligence against the truck's owner must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
As for the ticket you received, if your state has comparative negligence, the amount of monetary compensation you receive in a claim against the truck's insurance carrier will be reduced if you were held to be partially liable in the accident. It is also possible that the truck's insurance company might use that ticket against you to deny your claim altogether. Therefore, it would be advisable to challenge the ticket in court.
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