QuestionQUESTION: Hi!
I was involved in a motor vehicle accident that included an additional car. I was crossing the road and the cars that were driving from my right to left gave me right of way. I pulled out from the stop sign and stopped between the two cars. I looked on my left and i saw 1 car driving from my left to the right from a save distance. I then crossed the street only to be hit by a car that was driving on the extreme left lane of which he has a right of way.
My car was badly damaged (all air bags out from left and right front and back doors, and it landed on its roof) Most of the people blamed him for speeding, which he denied. He said his car has a tracker and it will be able to tell the speed at which he was driving.
Now my car went up, landed on its roof bounced several times before hitting another that was at a stop sign. this guy claims the accident was my fault as he claims that i did not stop but proceeded at the stop sign, which i was very far from when the accident occurred-it is quiet a wide road. Now his insurance wants me to pay 100%. i told them that i was not the sole cause of the accident-as i was hit by a car driving at high speed. They claim the speed limit is 100, but there is a big 90 speed limit sign where the accident occurred.
Now when we went to report the case, the guy that hit me said he was willing to compensate me financially, so that i may not claim from his insurance, but i refused as verbal agreements are not always honored.Can i use this statement as acceptance of guilt on his part?
He stated that he was not driving on the extreme left, as i claimed (i have photos that proof that he was) He said there was a lot of traffic on his right and he did not see me coming and hence he failed to apply emergency brakes.His right tires burst and we don't know why as there are no screech marks on the road.He said his insurance will contact me and we'll have to sit and talk about who is liable or not and for what percentage.
I would like to know if i have a right to fight the second guy's insurance regarding as to whether i have to pay anything at all, as i had already lost control of my car when i hit his, and how to approach the other insurance company.
ANSWER: Clementine,
Thank you for the question…I think;-) Let me begin by stating I am not an attorney and cannot and do not provide legal advice. You may wish to obtain legal counsel to defend you in this matter and assert your facts of how the loss occurred. I understand in one sentence that the speeding car hit you but in another, you hit them!? In that same sentence you state you “lost control” of your car.
The facts of the accident seem very confusing and not knowing what country and/or state you are in and your laws I will do the best as I can with the limited info I have. I presume from your comments that you live in an area which allows comparative negligence whereas the liability can be shared with others who may be negligent as well.
First, if the posted speed limit is 90 or 100 mph…you are very lucky to be alive… let alone not injured! I hope you were not injured. If the other party was indeed speeding…how fast could have he been traveling!?
Secondly; because you were coming out from a stop sign from a side street, you would have violated the other driver’s” right of way’ thus a portion of the liability would rest with you.
Third; If it can be established that the other driver was speeding, they could be apportioned a percentage or perhaps most of the liability…but proving that may be difficult unless they can get a reading from the on-board ‘black box’ or “tracker” and even then it may require a subpoena and judge’s order to attain. If it’s discovered he was speeding, then it may be found that you had every right to proceed based upon the speed of the first vehicle which you say was far enough away to proceed safely and only as a result of the second vehicle’s overtaking that car and hitting your vehicle.
Were you able to get witnesses? Perhaps you got the name of the driver of the car that was not speeding? They could establish that he passed them on their left exposing his less than honest account of the who, what, where and when.
I sincerely hope this helps in some small way and wish you the best in your endeavor to expose the truth. If not, share additional information and I’ll do my best.
Warmest regards!
Barrett
---------- FOLLOW-UP ----------
QUESTION: Dear Barrett
Thank you for your response. It is very informative. Yes i was injured, lost consciousness a bit, was confused a little. I had stitches on my finger, a superficial scratch on my head, but either than that i am ok besides a terrible neck, back and chest pain.
Please note that my car was hit by the guy that was speeding and i in return hit another that was at a stop sign-the insurance is suing me for 100% liability as according to their client " i didnt stop at the stop sign". He has changed his statements several times i must admit, making him an unrealiable witness.
There are already three different versions of the accident
1. from myself:
2. the guy that hit me as he denies that he was not on the left lane, but the "witness" stated he was, but at this point he has proven to be unreliable.
3.The "witness" first said i was turning into the road, and now he is singing a different tune and saying i didnt stop at the stop sign.
*witness refers to the driver of the third car.
I have started seeking legal advice, and we should start with the proceedings as soon as i am better.
Regards
Clementine (South Africa)
ANSWER: Glad to hear your not badly injured. I wish you a full and speedy recovery!
I think obtaining legal counsel is a good idea.
Best wishes and let me know how it all turns out!
Barrett
---------- FOLLOW-UP ----------
QUESTION: Dear Barrett
I am happy to inform you that i am no longer liable for the claim against the guy that i bumped into. Due to the fact that i was taken to the hospital, he thought that i did not have photos of the damage on his car and as a result he put more damage to his car so that he could have more new stuff on his car.
I got hold of pictures from my friends and compared it to the one that his insurance sent and they were completely differen-it is evident that his car had a small scratch at the scene but his pictures shows a complete differet damage. When I informed his insurance they said he told them he does not have pictured of the accident scene-and that explained it all-who at this time and age doesnt have a mobile phone with a camera?
So... thank you so very much. God is great!!!
AnswerI agree! God is Great...all the time!
I'm glad that it worked out well for you and only hope the insurer makes an example out of the other party for attempted insurance fraud to dissuade others from trying the same dirty trick.
You are very welcome and thank you for the follow-up!
Good for you!
Blessings!
