Car accident: what are the next steps?

About two and a half years ago, some drunk driver cut me off and caused a wreck that left me with some pretty serious physical injuries. Since he was driving a rental, I’ve been stuck in a legal tug-of-war with a major rental agency. The facts are simple: he failed to yield, it's obvious, and it's clearly stated in the police report. He actually ended up getting a suspended sentence. This was my first brush with anything like this, so I hired an attorney immediately. Now, somehow, it turns out I'm being painted as partially at fault. They're claiming I was going 6.2 miles mph over the limit—which isn't even in the official report—and they're using the fact that I wasn't wearing a seatbelt against me. It looks like my settlement is going to be gutted. All I wanted was to recover about 70% of my car's value and get something reasonable for my injuries. I wasn't trying to hit a jackpot or profit from a tragedy; I just wanted what's rightfully mine. Instead, it feels like I might end up owing them money. I don't even know who else to turn to in this mess with the legal system. It honestly feels like everyone is in cahoots. Is there an actual lawyer here who can give me a straight, uncorrupted answer? Isn't the law supposed to be clear: if someone shows up drunk and runs a stop sign, they're responsible for the crash and the costs?

Justin Johnson8 said:About two and a half years ago, some drunk driver cut me off and caused a wreck that left me with some pretty serious physical injuries. Since he was driving a rental, I’ve been stuck in a legal tug-of-war with a major rental agency. The facts are simple: he failed to yield, it's obvious, and it's clearly stated in the police report. He actually ended up getting a suspended sentence. This was my first brush with anything like this, so I hired an attorney immediately. Now, somehow, it turns out I'm being painted as partially at fault. They're claiming I was going 6.2 miles mph over the limit—which isn't even in the official report—and they're using the fact that I wasn't wearing a seatbelt against me. It looks like my settlement is going to be gutted. All I wanted was to recover about 70% of my car's value and get something reasonable for my injuries. I wasn't trying to hit a jackpot or profit from a tragedy; I just wanted what's rightfully mine. Instead, it feels like I might end up owing them money. I don't even know who else to turn to in this mess with the legal system. It honestly feels like everyone is in cahoots. Is there an actual lawyer here who can give me a straight, uncorrupted answer? Isn't the law supposed to be clear: if someone shows up drunk and runs a stop sign, they're responsible for the crash and the costs?

If it isn't documented in the police report, how can they possibly claim you were speeding? And what does the car dealership have to do with your settlement? That's strictly an insurance matter. What is your lawyer actually telling you...

Ronald Howard61 said:If it isn't documented in the police report, how can they possibly claim you were speeding? And what does the car dealership have to do with your settlement? That's strictly an insurance matter. What is your lawyer actually telling you...

I guess I played myself by being honest. I told them I couldn't remember my exact speed, but it was probably around 40 mph—and since it was a rural area without any posted signs, the limit should have been fine. Apparently, the guy was renting a car from a local dealership, and now the insurance company is using that against me. My lawyer mentioned that just because they filed a specific claim doesn't mean what they're saying is actually true.

Justin Johnson8 said:I guess I played myself by being honest. I told them I couldn't remember my exact speed, but it was probably around 40 mph—and since it was a rural area without any posted signs, the limit should have been fine. Apparently, the guy was renting a car from a local dealership, and now the insurance company is using that against me. My lawyer mentioned that just because they filed a specific claim doesn't mean what they're saying is actually true.

What you said doesn't actually matter here. It’s all about the evidence. You have a lawyer, so let them handle the heavy lifting. It's just going to be a waiting game...

I was in a hit-and-run. A car came speeding up from my left on a closed section of the road and slammed right into my front driver's side just as the light turned green. It trashed my bumper and fender...

I pulled over and called 911 immediately. The guy took off, but I managed to catch his license plate number.
The cops haven't been able to track him down, and to make matters worse, it turns out the car was already sold to someone else who’s also gone missing.

Following the police's advice, I filed a claim with my insurance company. They sent an adjuster out, did the investigation, and gave me a damage report. Since I'm actually leasing this car through Ford Credit, I signed off letting them handle the recovery from the insurance side.
The repairs are already done, but I've been sitting around waiting for the official police report for 52 days now.

What happens if they never catch him? Am I just stuck eating the cost through my collision coverage and that's it? 🙄 Is there any actual chance I'll ever get reimbursed by the insurance of the guy who bailed?