Legal Question... Hoping To Hear From The *real* Attorneys Here.

[Farin]

I know, in the US, anyone can sue for any reason, so this question is not about whether someone can sue or not - it's more about the possibility of suing and winning.So person A is in an accident with person B; person A rearends person B. Person B owes $8700 on the vehicle, and person A's insurance will total it for $6200, leaving person B without a vehicle and owing a final payment of $2500.00. Can that amount be recovered from person A? I don't think person B wants to play the lawsuit lottery, just not have to pay for something that wasn't their fault.

[bertie98]

These take-it-or-leave-it "offers" from the insurance companies are really maddening, especially if the car was really worth more than $8700 to *you* because of proven reliability, emotional history, whatever.

[Uilleam]

I believe the state is important here, as the pertinent laws will vary.

[Burt]

Before attorneys are in the mix: I would call person A and share what their insurance comapny is doing and offering, and that if it is not settled fairly for person B....That and then leaves person B with only the option of attorney and suing: Which(if a ticket was issued to person a) then person B will have a better chance of settlement in or out of Court.My opinion! On what I would do!Blessings..........Annlee

[Newlin]

Annlee said: 4 Before attorneys are in the mix: I would call person A and share what their insurance comapny is doing and offering, and that if it is not settled fairly for person B....That and then leaves person B with only the option of attorney and suing: Which(if a ticket was issued to person a) then person B will have a better chance of settlement in or out of Court.My opinion! On what I would do!Blessings..........Annlee 54 months ago

[Davian]

You probably have a good case. You may be better off taking on the Insurance company.  You do NEED to talk with an attorney,(legal aid, if your city has a law school they usually have some students that answer questions)  What ever you do...DONT SIGN ANYTHING OR GIVE ANY ANSWERS OVER THE PHONE TO THE OTHER INSURANCE CO.  You may also call your own Insurance Co. some of them offer  help.  Every state has different laws, and every Insurance company has different rules.   A is at fault here, at least in Texas.  Should there be any claim for health problems this could get tacky.  You should find one who will at least consult with you for FREE the first time you see him/her   Good luck usmc 54 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Saer]

LexWordsmith said: 2 These take-it-or-leave-it "offers" from the insurance companies are really maddening, especially if the car was really worth more than $8700 to *you* because of proven reliability, emotional history, whatever. 54 months ago

[Gamaliel]

woodchips said: 1 I believe the state is important here, as the pertinent laws will vary. 54 months ago

[Farson]

sorry, not a JD -- i don't even play one on Askville!

[jan46]

You may be better off taking on the Insurance company.  You do NEED to talk with an attorney,(legal aid, if your city has a law school they usually have some students that answer questions)  What ever you do...DONT SIGN ANYTHING OR GIVE ANY ANSWERS OVER THE PHONE TO THE OTHER INSURANCE CO.  You may also call your own Insurance Co. some of them offer  help.  Every state has different laws, and every Insurance company has different rules.   A is at fault here, at least in Texas.  Should there be any claim for health problems this could get tacky.  You should find one who will at least consult with you for FREE the first time you see him/her   Good luck