QuestionQUESTION: Hi, my car was hit where front quarter panel meets driver-side door causing $1800.00 damage. Per the other driver he swerved to avoid being hit by a car on the exit ramp the appeared to be entering his lane(there was the exit ramp, car 1)driver that hit my 2) was in the lane closest to the exit ramp an I (car 3)in far right lane.
The police report states that driver of car 2 made a "faulty evasive action". My research indicates that a faulty evasive action means the driver did not perceive or respond to the situation in time to take correct evasive action necessary to avoid an accident. I did see the other vehicle on the exit ramp, car 2 was slightly behind me in the lane to me left. Had I been him I would have anticipated that the exiting vehicle might move into my lane and slowed down. Instead, upon seeing the other vehicle moving into his lane he swerved in to my car to avoid the other driver hitting him. His insurance wants to pay only 50% of my damage, as they say car 1 caused their insured to swerve into me(car 1 never stopped but they were able to track him down via license plate # car 2 gave police. driver of car 1 denied moving into car 2's lane and car 2's ins co not pursuing him)
I say the driver that hit me failed to anticipate car 1 potentially crossing into his lane after exiting the freeway ramp. Also, his "faulty evasive action" is what cause his front end to collide into side of my vehicle. I could not avoid him hitting me as I had nowhere to go but a drainage ditch to my right, and I was ahead of him when he swerved into my car.
Now what?
ANSWER: Hi Tracey,
You are absolutely correct. The person who hit you is completely at fault. Also if the at-fault company is not pursuing car #2 for the other 50%, its because they know it will not stick because there was no impact between car #1 and car #2.
You should argue this strongly. The insurance comapny is just trying to save money. They may continue to agrue some percentage of fault should be on you. If you are not willing to accept any percentage, you may have to file a law suit and let a judge decide.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: Hi Richard,
Thanks for your response. It will be one year in July, I am a person that doesn't give up when I know I am right.
Anyway, I assume that I would have to file suit against the other driver and not his insurance co., correct? Would it be one or the other meaning I could not take $900.00 from his insurance and sue driver for remainder?
Last question, are their accident reconstructionist or auto claims adjuster experts for hire that I could pay to review the case and render their opinion, and would their report help to influence the at-fault company? I already spoke with the Police Sergeant who looked at the (rather skimpy) police report and said there was no reason for the other driver to be 100% responsible for my damage. Possibly I could request the Police Dept. to render a better report or statement,doubt that though its been to long.
The statutes need to be changed to all for a arbitration system when this happens,regardless if it is not the injured parties Insurance Company
Thanks so much,
Tracey Zale
AnswerHi Tracey,
You would file suit against the at-fault person, not the insurance company. The insurance company is acting as the at-fault persons representitive. So when you are dealing with the insurance company you are dealing with the at-fault person. Therefore you can not accept an offer from the insurance company and then sue the individual. Before the insurance company would write you a check they would make you sign a release form that would stop you from filing suit.
It is very unlikely you would be able to get the police to re-write the accident report. There are accident reconstructionists. You can find them on line. However, there fees may be too costly for this case but you can call and ask.
I hope this helps
Richard Hixenbaugh
