QuestionON MARCH 17TH 2011 I WAS TAKING MY GRANDDAUGHTER TO THE PARK WHEN I STOPPED AT THE STOP SIGN ON MY STREET BEFORE MAKING A LEFT TURN LOOKED RIGHT LOOKED LEFT LOOKED RIGHT THEN PROCEEDED TO TURN WHEN A CAR CAME OUT OF NO WHERE WHO WAS SPEEDING HIT THE PASSENGER SIDE OF MY CAR. THE POLICE DETERMINED HE WAS SPEEDING HE DRUG MY CAR,THEN HIT A MAIL BOX AND A HOUSE. HE WAS CITED FOR SPEEDING HE TOLD THE COP HE WAS ON PRESCRIPTION DRUGS AND DIDN'T REMEMBER THE ACCIDENT SAID I HIT HIM .THE COP PUT IN REPORT THE DRUGS DIDN'T CAUSE THE ACCIDENT.
THE DRIVER IS NOT GIVING HIS INSURANCE CO OR MY INS COMPANY A STATEMENT . I HAVE NO RENTAL CAR FOR TWO MONTHS I DO NOT HAVE RENTAL REIMBURSEMENT ON MY INS POLICY MY NEW CAR WHICH I MADE ONLY TWO PMT IS STILL AT FORD AUTO BODY . PLEASE TELL ME SHOULD I GET AN ATTY? DO I HAVE A CHANCE AT HIS INS COMPANY PAYING MY DEDUCTIBLE? I AM STRESSED PLEASE HELP POINT ME IN RIGHT DIRECTION THANKS.
AnswerHi Karen,
I was away this weekend, so I apologize for not getting to your question until now. But, in truth, it would not have made any difference in your immediate need for relief inasmuch as I do not see you getting any help whatsoever from the tortfeasor's company until much later in the process.
Bottom line: see an attorney ASAP if you or your granddaughter suffered some injuries. With the trauma your vehicle sustained, it is likely both of you have some soft tissue injuries. You may have a good claim versus the other driver, but your granddaughter for sure has a claim for injuries sustained, probably against the two of you. And by law, neither you nor her parents can ignore that claim; she has the right under court rule to go forward.
If you are not interested in making a claim for your injuries, then no attorney is going to get involved over merely your rental costs and deductible. That is because there is a huge liability issue for them to fight, and not enough money at stake to merit a contingency fee.
Let's tackle that liability problem first. The general rule is that you cannot move from the stop sign unless it is safe to do so. Hence, the first rule of the road would be to tag you with negligence, and the specific name is called failure to yield right of way.
There are few defenses to FTYROW; speeding by the "victim" car is one of those, BUT this defense is narrowly applied. The mere fact that he was speeding will not, of itself, constitute a defense to the FTYROW. But, you might have the conditions present in your particular circumstances where excessive speeding can be used as a defense.
Your success in using speeding will depend in large part upon what you told the police. The way you described it to me, the view to the right must have been somewhat limited, and the speed must have been extraordinary. Hence, the burdened driver (that is you, waiting at the stop sign to check clearance) must have made a thorough check (which you did), a reasonable person must have believed it safe to proceed, but the tortfeasor, by reason of his extraordinary speed, came into the intersection far more quickly than any reasonable person could expect. Argue that the continued movement of his vehicle after the impact shows what a excessive speed he was travelling.
Hopefully, this is kind of what you told the police. Did the police cite either of you? It is not a final determination of fault when they issue a citation because their opinion is not admissible in court. But it surely carries big weight with the insurance adjusters.
The fact that the police did not conclude it was drugs that caused the accident is not helpful to you, but it does not kill your claim either. Do you have a claim? It is hard to say, but if you had serious injuries, I would have taken your case in past years when my office was open. It is likely that you both are negligent, and the key will be to fight for him to be the precipitating cause. Maybe with him at 75% fault, and you at 25% fault. That means your award for property damage and injuries will be reduced by 25% Your granddaughter has a claim versus both of you if she was injured, it is the duty of her parents to pursue that claim, even if it is against her grandmother.
It will not hurt anything to make a claim now if you do not need an attorney to handle the injuries. Yes, our website, www.SettlementCentral.Com teaches insurance claims settlements pro se, BUT, this is one of those cases in which the expertise of an attorney will be necessary because of the liability issue.
Why don't you get a copy of the police report and see what the officer wrote as the cause of the accident. Do NOT be discouraged if he said that it was your fault. Just use the speed argument I gave you above, and argue the percentages of fault and fight until you get a just result.
FINAL TOPIC, Karen: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing (e-mail is good), showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let her know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking her what the options are to resolve the matter fairly should she not agree to a reasonable claim value. In other words, let her know that you will go through with a small claims filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
