QuestionQUESTION: I was involved in an accident earlier this week and I need help to prove fault. I was headed northbound at an intersection approaching a red light. When I was about 30 ft from the light, it turned green and I accelerated. As I passed over the crosswalk a car heading westbound ran their red light and made a left turn and I hit them. The driver is stating I ran the light. The police were not able to state who was at fault in the report because they did not witness it. I have pictures to show that my car has the least damage because I was goin a max of 15 mph and she was running her light. In addition, even though I hit her, she pushed my car into the oncoming land, thus indicating she was the faster vehicle. I called her insurance company and they said since its my word against hers, I'll be lucky to get a 50/50 judgement. I dont want to make the claim on my end because it wasn't my fault and it was my boyfriend's vehicle and his insurance. I dont want his rates to go up. So my questions are...How can I help prove I'm not at fault and what happens to his insurance rates if there is a 50/50 liability claim? Please help me.
ANSWER: Dear Sara,
Please accept my sincere apologies for the delay in answering your question. I was not asleep at the switch: instead we had some e-mail problems between the server and allexperts this past week that caused SEVEN questions to drop out of the system so I did not even know these questions existed. It is cleaned up now, though.
Now, on to your question:
The BASIC RULE OF THE ROAD is that no one turns until the way is clear. Hence, that is one argument versus the other driver.
A second argument is that the sequence of the lights is such that your vehicle was going the normal speed, but the other was speeding to get through the red light. This is demonstrated by the relative momentum of the vehicles, in which one can deduce her speed was greater. Momentum is the force, which is derived by multiplying mass times velocity. Assuming the mass of the vehicles to be approximately equal, the movement of the vehicles whereby yours was pushed so far, clearly indicates that she was speeding through the intersection.
If you are concerned about an “at-fault” designation versus your boyfriend’s insurance, then you can do two things. First, contact your state insurance commissioner and ask whether or not the liability of a guest can count as an “at-fault” accident for purposes of raising the rates. The insurance commissioner http://www.settlementcentral.com/links.php
has set rules by which the company will be bound so that they cannot increase rates unless the accident facts meet those standards.
Second, if you are worried about your boyfriend’s insurance, try to use your own insurance as primary.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
---------- FOLLOW-UP ----------
QUESTION: Thank you for your previous response. So my next questions are...the other party's adjustor came out, saw the car and pictures and said that I'm definitely not going to get 100% despite being able to show that she was speeding because it doesn't prove she was running the light. They said they only award 100% if it was a rear end collision or if someone saw her running the light. They also said I'll probably get like 80-20 or 75-25....So to my knowledge, that means I'm responsible for 20 or 25 percent of the damage...but is that for the repairs to my vehicle or both my vehicle AND the other party's? And if they are trying to say that I am 20% at fault and I have to pay for hers, is it too late to make a claim through my boyfriend's insurance to cover that 20%? Its been a waeek and they dont know that his car has been in an accident. He doesn't want me to call them and I dont have my own insurance. Also, if I just pay the 20% out of pocket and his car gets repaired, does his insurance become voided because it was in an accident without them knowing? Thank you again for all your help...I know there are a lot of questions, but no one will give me a straight, unbiased opinion...except for you.
AnswerHi Sara,
Thank you for your kind comments, but the best place to put those is in the feedback forum on this site.
Let me answer the questions in the order you asked them. Unfortunately this site does not have HTML coding so I cannot distinguish your text from mine unless I USE ALL CAPS. OK?
#1. "So to my knowledge, that means I'm responsible for 20 or 25 percent of the damage...but is that for the repairs to my vehicle or both my vehicle AND the other party's?"
YES, THAT IS WHAT THEY ARE SAYING. BUT I WOULD FIGHT THAT AND TELL THE ADJUSTER THAT WHAT SHE SAID ABOUT ONLY 100% IN REAR ENDERS OR WITH A WITNESS IS A VIOLATION OF THE STATE INSURANCE COMMISSIONER'S CLAIM ADJUSTING STANDARDS FOR FAIR DEALING. I am switching to lower case now as it appears I am yelling with bigger letters.
I would go to your state insurance commissioner http://www.settlementcentral.com/links.php and find out if that kind of assertion--which is a bold lie--is a violation of fair dealing.
I would also have your boyfriend go to the courthouse and take out a small claims file and complete it. Now two things are at play here. First, he is just going to use it to scare the adjuster. Second, you can use the form from your local small claims court, but be advised that the correct court jurisdiction is the part of the county or city where she lives, OR WHERE THE ACCIDENT OCCURRED.
The adjuster knows that no attorneys are allowed in small claims court. So she is going to have to pay the other 20% to him for his vehicle repairs.
#2. "And if they are trying to say that I am 20% at fault and I have to pay for hers, is it too late to make a claim through my boyfriend's insurance to cover that 20%? Its been a waeek and they dont know that his car has been in an accident."
NO IT IS NOT TOO LATE TO REPORT IT. He has a duty to report it ONLY if he wants them to pay. I would not report it at this time. See if you can use the small claims court first.
#3. "Also, if I just pay the 20% out of pocket and his car gets repaired, does his insurance become voided because it was in an accident without them knowing?"
ABSOLUTELY NOT. NO WORRIES THERE. THEY NEVER HAVE TO KNOW.
My BEST ADVICE: fight them hard with the small claims court complaint filled out but not yet filed. THAT will turn the tide I am sure. DO NOT PAY ONE DIME OF YOUR OWN MONEY. If they do not come around, then go thru the small claims process. Your boyfriend will win versus her IF YOU DO THE FOLLOWING: GET A DRAWING AND PHOTO OF THE INTERSECTION SHOWING DISTANCES, ETC.
In fact, I would first make up that document and submit it to the adjuster and tell her there is NOT ANY WAY that you will pay one dime for repair of her vehicle and that her insurance has to pay 100% of your boyfriend's vehicle. DO THIS IN WRITING AND NOT OVER THE PHONE.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair resolution, 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
