QuestionI was driving on a 4 lane county road with solid double yellow lines. There
was a disabled vehicle in the opposite direction (inner) lane that I stopped to
assist. I had passed the entrance to a strip mall driveway, and was backing to
park my car in their lot. As I was backing, the driver of the car stuck behind
the disabled vehicle made an unsignalled left-hand turn into my path, and I
hit her drivers side front quarter panel, causing a large dent. At the time that
I started backing my car up, there was no traffic coming behind me in either
lane, and the other driver had not started her left-hand turn.
The accident occured in Minnesota, which is a no-fault state. How would this
work out? I know she made an illegal left-hand turn by both not signalling,
and if I interpret this correctly, didn't heed to an occupied intersection (my
car was backed partially into the driveway at the time of the accident.)
MN State Code 169.20 Subd. 2. Left turn. The driver of a vehicle intending to
turn to the left within an intersection or into an alley, private road, or
driveway shall yield the right-of-way to any vehicle approaching from the
opposite direction which is within the intersection or so close thereto as to
constitute an immediate hazard.
She seems to want to handle this outside of insurance, due to a high
deductable, but I want to be able to protect myself from an attempt to collect
the full repair costs.
Help!
AnswerHi Daniel,
Please accept my sincere apologies for the delay in answering your question. I was not asleep at the switch: rather, I just had to put my beloved Peke dog, Sebastian ahead of all volunteer and other work. He recently developed a swelling and ulceration in his eye, even though he is only four years old. I spent a lot of time taking him in for care and eventually for surgery. Things will work out when they take off the patches. Side note: we should all be amazed at the talent the vets have: they can do any number of tasks, whereas human doctors are pretty limited. Anyway, thought you would like to know that I was not just ignoring you.
Now, on to your question.
I am having trouble following this fact pattern and determining just what your question is. Are you asking who is at fault, or are you asking how to be safe in settling a claim outside of insurance?
I will do my best with what is here, but please feel totally free to correct my misinterpretation and give me more detailed facts and questions. All you have to do is to ask again.
I will address both issues that I felt were raised by your writing. First, you seemed to want to present some facts dealing with liability, so I will address that issue first.
Liability: you are the most liable, although she might have been able to avoid the accident if she had kept a good lookout.
You mention that you are on a four lane road, but then you mention being at an intersection. At first it seems as if you drove past the entry and you are backing up in the roadway. But then you mention that you were partially into the driveway at the time you were hit.
Backing up is the dangerous activity here. You are the burdened vehicle. Did her failure to make a signal have any real impact on your not seeing her start to turn? If I were a juror, I would see you looking behind you, either in your rear view mirror or with your head over your right shoulder. Hence, even if she signaled, it would not have any impact on the accident.
On the other hand, there is also the concept of last clear chance. Did she have the last clear chance to avoid the accident? Did she have any duty to check her mirror to see you backing toward her? Probably not. The statute you cite deals with yielding to oncoming traffic. One has no duty to yield to cars backing up in the opposite lane. BUT YOU WERE NEAR as she turned, and hence an alert driver might have been on the lookout to have seen you. That is one argument you could make to show that she had the last clear chance to avoid the accident.
Probably you are the liable party. Next is why and how to do a cash settlement.
Since she raised the concern about her deductible, it seems that she is the one who has the choice, and hence that would make you the paying party. Thus, as I get your question, you are going to pay her because you are at fault and she does not want to use her own insurance because of her deductible being too high. And of course you want to settle with her because you do not want to have the accident on your record.
Here is your question: “I want to be able to protect myself from an attempt to collect the full repair costs.”
In your state, there is not any no-fault when it comes to property damage. By that I mean the party at fault can be made to pay the other party. Fault can be apportioned, but for this discussion, let’s just use “fault” as full liability.
In your case, if you were fully liable, then IT MIGHT BEHOOVE YOU TO PAY OFF THE PROPERTY DAMAGE so long as you can get her to sign a release that includes any personal injuries. Even without that release, however, adjudication (and settlement?) of property damage issues separate from the personal injuries might constitute a waiver to rights to be paid for personal injuries. But why not play it safe and go for the release that includes mention of personal injuries?
By the way, if this is what you are going to do, then let me send you a free release format that will include mention of personal injuries. Just go to my website http://www.SettlementCentral.Com and find the “contact us” button. In the title of your message be sure to mention allexperts.com so I can be alerted and they will route your message to me.
I will then send back a template for the release document you can use.
Who Pays for the Damage to the cars?
The party that caused the accident will pay for the damage to the other vehicle. And if the accident is reported, then his insurance will pay her IN FULL, without any deductible.
But you do not want to use your insurance, and as to her own insurance, she would have to pay that deductible. Hence, as you already know, she wants you to pay so she will not be subject to a deductible.
As for your car, of course you could claim under your collision coverage, minus your deductible. Of you can just forget about it and stand in violation of the law that says you must report any accident with $1,000 of property damage. Of course I cannot advise you to do that, but that is just what most people do, assuming the property damage is not too much.
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
