Car Accident Question

[Kaylene]

Advertisement Expert: Richard Hixenbaugh - 1/29/2007 I have a legal situation that my husband and myself need help with, looking to hire an attorney for.

Here is our case:

On Oct. 20, 2006 my husband was involved in a car accident with an almost 80 year old woman. He was coming from our subdivision to a stop sign on US1. My husband stopped and did not have a good view of oncoming traffic because two city furniture trucks were parked at the chevron on US1. my husband inched up and stopped 2-3 times and was stopped when a woman hit him and spun his truck around 360 degrees. The man from one of the City Furniture trucks that was blocking his view gave a statement to the sheriff that my husband did not stop, just went right on to US1 without doing so. That is a lie, the person is covering up for himself being parked where people can not see to get on to the highway. After the accident before the highway patrol showed up the two City Furniture trucks moved in front of the accident and gave that statement to cover for them selves. The Sheriff did see where they were parked when he arrived on the scene and informed the Highway patrol that my husbands view was partially obstructed because where the trucks were parked. When the woman got out of her car she stated she was fine and just a little shaken up, EMS came onto the scene and said she was fine but would be a little sore because of the air bag going off. The lady did not ask to be taken to the hospital and said she was on her way to a Dr.'s appt. My husband was given a ticket from the FHP for improper left turn, at the hearing it was dismissed.

Thru out these past few months her son has been taking care of everything, both insurance companies have had problems in dealing with the son, saying he is rude and disrespectful and will not give them any information.

I received a letter from my ins. company on Friday stating they are sueing. My husband was stopped at the time he was hit, how can he by at fault? My husband believes the woman was speeding, by the way our truck looked(it was totaled) it does not add up.

I took pictures at the scene and also went back after the two truck driver dropped our truck to our house around the corner from the accident and took more pictures, the woman said she tried to stop, but there were not any marks in the road backing her story up, shouldnt the FHP have done some investigation? We believe the woman is at fault, what can we do?

Thanks!

Rose

[Torrin]

HI Rose,

First of all, I am not an attorney and this should not be considered legal advise.

What you have here is a classic he said - she said.  You should let your insurance company know that you are being sued. They will provide you with a defence attorney. Unfortunately this will come down to who the Judge believes more.  Your husband will have to make his case and convince the Judge that he is right and the lady is wrong.  

You should contact your insurance company as soon as possible to inform them of the suit.

I hope this helps

Richard Hixenbaugh