tunedup

I Talked W/ Insurance and they said i am liable for this accidnet because the person that got charged came away w/ no damages to her Car. And i was the person that went into the vans lane...
heres the accident
isnt there anythin i can do, the lady even admitted that she was the cause of it.

so im going west on a street and im about to pass thru the intersection and this corolla facing me waitin to make a left turn to go north starts turning i swerve around her with my foot on the break the whole time and then i avoid her i stop in the middle of the intersection facing west in
oncomin traffic and this van comes and takes me out..
damage.. serious. Bumper is in 2 air bags deployed , headlights all over the place.
Thank fully the corolla lady decided to stick around and told the story so she was charged..

MY girlfriend was w/ me and she was badly shook up both us went to the hospital w/ ambulance
her neck and her right shoulder seem to be bothering her and my lower chest is givin me a lil pain

Stereodude

I'm not insurance expert, but that sounds kinda fishy to me. The police ticketed someone else. They're known to be at fault. I don't see how your insurance company can point the finger at you. You might want to talk to a lawyer and get some legal advice.

Stereodude

ohboiya

iTrader: (3)

that's really weird ... if the other person admitted her fault & the police charged her for it .. then her insurance should be liable ... or is the logic too simple to be true? ... what was she charged with? you may want to call the cop & talk to him about what your insurance said .. he may be able to tell you if you're being scammed or not ...

tunedup

for improper left turn.

Talking to a lawyer isnt a bad idea... but y should i when the finger has already been pointed at the corolla.. see what im saying.
.

??? u can't win w/ insurance companies.

MaineI30

call a good lawyer. it'll amaze you how things change

amixam98

iTrader: (25)

You guys should get $$ for your injuries too. Yeah go talk to a lawyer. The old lady's insurance should pay for this and not your insurance..

akrus

iTrader: (1)

I'm not an insurance expert either, but I think what they will claim is that you caused a 'secondary' accident by stopping in the middle of an intersection. It definitely would have been better(?) if you would have been even tapped by the corrola, then you could have proven that she was at fault. Insurance companies don't necessarily follow what the officer does at the scene. Since the lady can still take the fine to court and have it overturned, the officer's judgement cannot be used. Don't take this as a shot at you. I probably would have done the same thing.

I would definitely seek legal advice for your situation. Hope this works out for you.

Albert

tifosiv122

iTrader: (2)

When you get into an accident with someone you go to their insurance company for the $$$ not yours...if you go to yours you pay...its that simple.

Erik

ohboiya

iTrader: (3)

so what you're saying is that he's screwed?

CKNY

iTrader: (1)

I work in the claims department of an ins. co. and I can tell you that from your accident description it does sound like you would be at fault for the accident.

Let me just clarify one thing... common sense and road laws do not go together... Some things are ****ed up but that's the way they have to be to get some kind of order to driving.

For instance... by all accounts, the lady in the corolla did a stupid thing and forced you to go around her. This is why she got the ticket. Unfortunately she did not collide with you at all. She's not a part of the accident. As someone else said, it would have been much much better for you if she tapped you. But she didn't. As a result, you ended up in the vans lane - the van had no where to go. Put it this way... Is the van at fault? You ended up stopped in his lane. That's your fault. You can't go after the woman since she was not directly involved in the collision.

Sucks... I know. But listen, at least you HAVE insurance and you will only have to pay your deductible.

ohboiya

iTrader: (3)

That's brutal!

He's getting screwed ... again! & when his policy expires this year .. they're going to screw him again!

Joey ... you better buy a lifetime supply of KY!

CKNY

iTrader: (1)

tunedup

that's tight.

deezo

iTrader: (3)

Get legal advise and change your insurance company.

ohboiya

iTrader: (3)

good advise ... you can try suing the woman for the cost of your damages & for any physiotherapy u may both need ...

CKNY

iTrader: (1)

You guys are nuts if you think he's going to get anything going after this woman. He won't. Although she may have been the reason he got into the accident... she did not hit him at all... no contact. He chose to drive around her and ended on the wrong side of the road. Don't get me wrong, I'm sure it's a choice we all would have made, but nonetheless she never struck him. I'm sorry but I don't think you're going to get anywhere with this.

deezo

iTrader: (3)

Personally, I'm not telling him to sue anyone. I'm telling him to tell his story to a legal consultant who deals with traffic cases if he feels he's not being treated fairly.
If he feels the insurance company is not doing a good job for him, he needs to go with another company.

Frank Fontaine

I was always curious about these types of issues, and all I could really come away with by talking to a couple of people who used to work in insurance, is that the first incident wont jack your rates. Subsequent incidents jack your rates no matter what. Again, I don't know how true it is, only that 2 people who worked in insurance told me that. I think the bottom-line is that insurance is out to make a profit.

As far as the lawyers go, I've been interested in that too. I know of a friend's father who got 1.4 million in a lawsuit, and it took 6 years to settle. Before anyone gets any ideas, his face was smashed and cosmetically recreated or something. Needless to say he's fully recovered and lives like a millionaire now. Is that right? I don't know, but I tend to doubt it.

I also know of a person who was involved in a serious accident and also sued. She got a total of 12,000. To me, it's not worth all the fees and what not especially your time for 12 grand.

I'd like to hear more stories because I'd like to think we're not a sue-happy society, but I guess when lawyers tell us we're owed millions we start listening.

LEADFOOT

Well, if you lie down and roll over like the insurance co tells you, you'll be KY'd (borrowing from a previous poster ) for many years to come by insurance rate increases.

OTH if you talk to a lawyer, there is a good chance that the lady's insurance will cover your legal fees if fault or even just partial fault is ruled.

Most of these cases get settled out of court and I have seen a friend of mine (I was in the car with him when it happened) who was totally at fault, get off scott free and blame another driver who wasn't charged through a smooth talking lawyer.

It is definitely in your interest to at least discuss this with a traffic lawyer to see what your chances are in your situation. I doubt very much that a 1 hour consult is very expensive (if not free) that it wouldn't be worth your while just to see where you stand.

Good luck.

pawn

this ? is a little OT but it has to do w/insurance companies so i will ask it here..:

i got a speeding ticket a few months ago(oct. i think) my insurance rates haven't gone up yet...when do they usually raise them after you have recieved a ticket???

LEADFOOT

I think that would depend on your individual insurance company and their corporate policy. Where I live, I have seen insurance companies routinely pull up driver's records (they have access to the ministry of transport records here) from time to time and or on renewal or when you try to file a claim.

It's very much like a credit check. I have also known one company didn't pull a record in 3 years even when a ticket was on record at that time and did not jack up the rate.

It depends.

MaineI30

Just because her car didn't contact his does not absolve her from any and all responsibility.

So if I'm running from the police after robbing a bank, and in trying to get away in the pursuit I run a bunch of red lights, and it causes a guy who had a green light to swerve to avoid me and he hits a telephone pole, by your logic I have ZERO responsibility for that accident? Come on, dude!!!

one more time, folks: CALL A LAWYER

Jeff92se

iTrader: (82)

Why isn't his insurance company working for him!?! That sucks. At the very least, his insurance company should be trying to get either the lady to pay some of the damages. Why? Because if they don't go after the lady, his insurance company would have to foot the bill(minus the deductible). Maybe I'm not understanding.

shumax

These are all GREAT points. I work for an insurance company too and have to say---these comments are dead on. You might be able to prove negligence on the part of the old lady, but that's a big stretch. I think that I would just be happy you have insurance, pay the ded. and chalk it up to "$hit happens."

I hear so many people say that "Insurance Companies are this and Insurance Companies are that." Go back to that person after they have been compensated fairly! If you buy cut-rate auto insurance, don't expect to get perfect service and compensation. You get what you pay for in this industry!

SHUMAX

CKNY

iTrader: (1)

You have a very valid point but what I'm trying to say is that it will be next to impossible to get anything from the lady for this. Trust me.

Raf2kMax

iTrader: (2)

it would have been her fault if you just plowed into her. same thing happened to me last week..except i was making a left and the moron was on a right turning lane..instead of taking that right, he comes straight and DESTROYS the side of my car..my car spins and hits another car. its your right of way so youre supposed to just go straight i guess. i hope all goes well man. gettin screwed thru insurance is not the greatest thing in the world..i know how it feels.

mikelly

If I remember correctly even if she admit that she was at fault the
insurance will charge you because you chose to avoid her and get onto
an incoming lane. If you would of hit her it would of been her fault
and her insurance would of paid for it. My bro had the same problem.
You can try to beat it but I'm afraid it'll be mute.

mike

SuDZ

some may wait till the next year also.

SuDZ