Lawyer?


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I have a very good case here...but I don't want to go in great details how the car accident happen. However I can surely tell that it was the truck driver fault for causing damages to my car.

I was going to sue the truck driver because he did not want to admit his fault to me. I believed he deliberately involved the third party which is to be a bus company. The manager of the bus company have told me they absolutely did not know how the accident happened until the truck driver himself went to see the manager of the bus company. The truck driver demanded the manager to admit the fault.

Ok, I'm going to tell story of how car accident happen. I was on my way to work early in the morning. I was travelling on the left side of the road, there was big trailer truck on the right side of the road. I was going to pass the truck...however when I was on the left side of the truck...the truck suddenly cutting my lane that resulted in colliding with my car. He told he was swerved to miss colliding with the bus. I did not know there was a bus because my view from the car was blocked by the truck.

I am not sure whether the truck driver was telling his dirty excuse so he cannot be blamed for this case or he was telling the truth the bus was there. But the manager of the bus company said he did not receive any reports from the bus drivers that they witness the accident. The manager denied the accident was to be his fault and he said it was none of his business. He also said the truck driver was the one who started this case and told me the truck driver was lying.

Another thing, in order to support the case...the truck driver have the witness. The witness said that he witnessed the accident but he did not stop his car, but it is said that the witness met the truck driver later in the day at the tip. To me this is very suspicious...how the hell the witness able to recognized the truck driver that he was really the one he saw earlier at the accident scene. Well come on this is complete bulls**t...don't you all think this sounds very suspicious? How can the witness able to identify the truck driver himself at the distance while he was travelling on the opposite direction on the road? To my suspicion, the truck driver somehow have known the witness before and they co-operated each other so the truck driver is not to be blamed.

I called the insurance company of the truck driver and she considered the truck driver was not at fault. What on earth she was telling the truck driver was not at fault? I was left in disbelief.

So I am now stuck between the case. I need honest opinions from you and I would like to hear it. To me the bus manager was telling the truth that he was supposed to receive report from the bus driver if one of them witnessed the accident. But he did not...so I assumed the bus company was not at fault.

I would be happy to explain in great detail if anyone wishes to help me for this case. Should I sue him? If so is that possible to sue someone without using the lawyer? I mean I want to go to court to sue the truck driver but I don't need a lawyer because hiring a lawyer costs me a lot and I can't afford it. I think this is a very good case but I have evidences...I wrote all the evidences myself in report.

Thanks for helping me. It would be great if someone might suggest another way to tackle this case.

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I would have reported the accident to police right away. They can take witness statements. Then I would have reported it to your insurance company and let them investigate. If you are not happy with the results, then hire a lawyer.

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It's the truck drivers fault for not seeing you, it's also his fault for driving too fast and having to swerve to miss the bus. Sue his ass.

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I can only speak from a US perspective, ok? But here in the absence of a police report all eveidence youpresent has no more credibility than the truck driver's witness. You will essentially have two people with different stories. If you don't have a witness then I would guess that you are actually most likely to lose the case. Think about it, why would the judge believe you over the driver? Third party corraboration is the most important thing here - and you don't seem to have it.

Now, I am not a lwayer not an Aussie, so YMMV...

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I can only speak from a US perspective, ok? But here in the absence of a police report all eveidence youpresent has no more credibility than the truck driver's witness. You will essentially have two people with different stories. If you don't have a witness then I would guess that you are actually most likely to lose the case. Think about it, why would the judge believe you over the driver? Third party corraboration is the most important thing here - and you don't seem to have it.

Now, I am not a lwayer not an Aussie, so YMMV...

Agreed. The fact that there is no police report is not a good thing. :no: Sorry man.

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First of all, the bus company seems irrelevant here. If you really wanted to dig deep you could go to the bus company and ask them to check their bus schedule against the time of the accident. Also, if you have any license plate numbers for the truck, I would immediately go to the police, file a report with them, and then call your insurance company as well. If you really want to take legal action I would shop around to various law offices and tell them your situation. They will sit down with you and let you know if you have a case or not - my friend just went through this.

Unfortunately, I will say this: more than likely, there's nothing that can be done. Without the bus driver witnessing the accident, you kind of are stuck in a bad pickle. Good luck man, hopefully you were able to get some identifying information on that truck so the police, insurance company, etc. can run a search.

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At least if you report it to the Police right away, they can do some investigation for you, maybe right there at the accident scene. Same with insurance company. They can do the investigation for you too, at least some. Plus, won't your insurance company try to fight for you to prove you were not at fault?

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Some more info:

- I was not insured on the day of the accident but I was going to insure that day.

- I got the details of truck driver and his company he worked for

- I got the evidences as both the truck driver and the witness was not telling the truth. For one example that he claimed the bus was parked illegally on the road and he said it is not a bus stop. The truth is...I have revisited the accident scene and found out there was actually a bus stop there.

- I have contacted and convinced the insurance company of the truck driver so they will reconsider the matter. Hopefully they have the right answer as soon as possible.

- There was no presence of police on the time of accident. However I went to police office to explain the situation. One officer have confirmed the truck driver was at fault. The police officer have contacted the truck driver but he still denied the fault.

- This accident was not my fault. I was going straight and have no intention of overtaking and I was not speeding. But the truck cut into my lane suddenly...so it is truck's fault without further evidence. I saw it with my own eyes.

- I have seen my lawyer and she said it was highly likely I will win the case since the witness has to have physical evidences to prove bus was at fault. But the witness did not have the evidence. The lawyer and the judge wouldn't trust what witness have said by their words without supporting physical evidences. The witness cannot just say what the witness believed to have seen the accident...in fact it is possible that the witness was intended for story-making.

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