Expert: Doctor Settlement - 4/20/2008

Question
Hi, I was involved in an accident yesterday. At the intersetion, I was attempting to make a left turn. I stop and looked both side and determine I have enough time to make the left turn (the speed limit is 25). As I was turning left, a car coming from my driver side hit me. I am pretty sure she was speeding and didn't pay attention. My rear bumper (both the left side and the left back) was damaged. The back (left) side bumper was broke open. My question is 1) Is it enough to prove the other person was speeding based on the damage. 2)who's fault do you think it is. Lastly, we both have 500 deductible and the repair cost would be around 1000 for me and 800 for her. Is it worth the file a claim. Or should we just each spend $$ to repair our own car? Thank you so much!

Answer
Dear Ivy,

I am Morgan Jacobsen, a personal injury attorney at www.SettlementCentral.Com    Since Dr. Settlement is down and out for last week and this week, I have been asked to take over his service here so that will not have to wait any longer.  

Dr. Settlement had two dozen requests like yours backed up, and he wanted me to contact him on each answer I am submitting for him, just to be sure that you questioners get the best information.  He also wants me to give FULL information to compensate all of those who have waited for his answers.  

Thank you in advance should you send any well-wishes, which I will pass along to him.  Meanwhile, Dr. Settlement thanks you for your patience and understanding and he hopes to be back to work later this week (at which time he will face a full two week’s worth of backlog  ).  

As for your accident, you are at fault since speed is never a defense in failure to yield cases, assuming that you had a clear view of the oncoming traffic lane.  Speed CAN BE a partial defense, however, and it CAN be used to assign some fault to her side on the basis that she had the last clear chance to avoid the accident, but she could not do so since she was speeding and not paying attention.  

But the basic liability will always rest with the party that is under the burden to yield the right of way, which is YOU in this instance.  Yes, you CAN AND SHOULD allege that you were misled by her speed in that she arrived at the scene a lot earlier than a car that was doing the speed limit.  

If you can both use your deductibles and if she will take something like $400 to $500 toward her deductible, then I think that would be a great settlement.  

WRITE TO ME TO GET A RELEASE FORM. In the event she is willing to take just $400 to $500, let’s get her to sign a release form that also mentions personal injury claims.  So if you achieve that agreement, write to me via Dr. Settlement and he or I will get back with you to send you a format letter for a release that includes the personal injury aspect as well as the property damage.  

In fact, you do not even have to come back to this site.  Just go to our website for top insurance settlement information www.SettlementCentral.Com  and hit the contact us link and make sure to put in the subject line or somewhere that this is an allexperts.com topic.  One of the www.SettlementCentral.Com personal injury attorneys will get a form out to you so that you can take it with you when you propose to hand over your check.  

I trust that my time here has been of value to you, Ivy.  And if so, I am asking you to take a moment to leave some feedback for Dr. Settlement.  He is still not feeling well, so any greetings at all will be appreciated.

Very Truly Yours,

Morgan Jacobsen, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com



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Dear Ivy,

I am sorry to say that our own Dr. Settlement is out sick still.  He went down last week with the flu, and he thought that he would be back on Monday.  Things did not improve today, so rather than wait for him to return in order to answer your question, I am going to pass your inquiry along to another experienced personal injury attorney at www.settlementcentral.com    Her name is Morgan Jacobsen, J.D.   She will set aside all of her work tomorrow in order to get to the backlog of work on the desk of Dr. Settlement.  Hence, while we apologize for the delay owing to sickness, we are tuned in to the needs of those Dr. Settlement is serving---so expect your answer from attorney Jacobsen tomorrow morning.  .  

Very Truly Yours,
  

Douglas H. Green, President
Www.SettlementCentral.Com