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  1. #11
    rspears's Avatar
    rspears is offline CHR Member/Contributor Visit my Photo Gallery
    Join Date
    Sep 2007
    Location
    Gardner, KS
    Car Year, Make, Model: '33 HiBoy Coupe, '32 HiBoy Roadster
    Posts
    11,243

    Quote Originally Posted by HOSS429 View Post
    well it`s been over a month since a person ran over my toyota and narrowly missed killing me and i have not heard a word from her or her insurance company ..
    From a quick Google search,
    "Under Alabama law, crash victims must file a claim or lawsuit against the at-fault driver within two years of the crash. If you miss this deadline, you may lose your right to compensation."

    Looks to me like the ball is in your court, and her insurance company isn't going to reach out to you to volunteer anything. As a "fault state" it's up to the injured party to figure out who all to go after to get what's due, and there may be multiple claims or lawsuits for a single accident. For example, you get hit at an intersection by a car that runs the red light, and from the investigation it's found that they've been drinking and are well over the limit. You have a claim against her, but you also might have a claim against the bar or restaurant that over served her and allowed her to leave. If the review shows that she swerved to miss a car pulling out of a parking lot before hitting you there may be another claim against that driver. Your insurance company may be able to offer some guidance, and if you had full coverage (collision, comprehensive and liability) on the 'yota they may take the lead going after the gal, but you may need to hire an attorney to get your money.

    On the accident report, you can walk into the police station and get a hard copy of the report. You may have to visit the highway patrol office too, but I expect that they've compiled it into one document. The instructions for phone & computer are a convenience, and old school still works. Bottom line, in a fault state you have to look out for yourself and make justified claims based on the facts. Good luck!
    Last edited by rspears; 08-28-2022 at 06:34 AM.
    Roger
    Enjoy the little things in life, and you may look back one day and realize that they were really the BIG things.

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