QuestionQUESTION: Hello Jane. On the 13th of February I got into a accident i was on a turning lane and i saw the incoming traffic had her turning light on to make a left on the near by store. She slowed down so i made a left into a ally i don't know what happened but she hit me on my right side of my car she was an old woman maybe she tried to hit the brakes but hit the gas instead the police came in and talked to both of us and at the end the police said it was not my fault and told me that he well clearly say that its not fault in the report and it was the other driver because she was trying to make a left to the store and was not on the turning lane and i was 100% on the turning lane. The problem is i don't have insurance her car had no major damage compare to mine i know i should have insurance the irony is that i was about to call a insurance company that morning but i choose to go to church first then call them after what should i do? Do i need a lawyer? its my first time in a accident my driving record is clean no speeding and no other accident in the pass.
ANSWER: Hello Mike,
If I am understanding your description, you were turning left in a turn lane. The other driver had her turn signal on to turn left, but she was not in a turning lane. Apparently, as she went to turn she either misjudged or went straight and ended up striking you on the passenger side.
What the officer says does have some bearing on the situation, but ultimately it is her insurance company's determination of fault that matters.
I am unclear if she actually turned from a no turn lane or if she went straight. In that she had her signal on to turn, had she turned properly - turn lane or not - she would not have hit you. On the other hand, if she went straight, as would be expected since she was not in a turn lane, you would be at fault for turning left in front of her. You are required to yield to her even if she has a turn signal on - especially if she is in a straight lane.
Obviously I do not have all the details, but here is what you must do.
You don't indicate what state you are in, but most states require at least property damage liability coverage. So you need to file a property damage claim with her insurance company. I assume you have this information from the police report. Her property damage coverage will cover your damages if she is deemed to be at fault.
The insurance company is required to investigate the circumstances of the accident. They should take statements from both of you. From there, they will make a determination of fault. Depending on the laws in your state, you would be eligible for full or partial settlement based on the liability assessed.
Unfortunately, however, if her insurance company determines that you are fully at fault for the accident, you are not entitled to a settlement. From there, there is really not anything else you could do. Just make sure you provide all details including the information from the officer. They should obtain the police report, but they may not. For that reason, I would suggest that you obtain a copy immediately and forward it to them if the adjuster does not have it.
You need to purchase insurance. If you had collision coverage (which is optional), your policy would pay you (minus your deductible) regardless of fault. Most states will suspend your driver's license if you fail to carry required insurance.
Hope this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
---------- FOLLOW-UP ----------
QUESTION: Thank you Jane i have another question Since i don't have insurance i have to pay for the damage for her car. I was wondering since the process for the insurance takes 6-8 weeks because of the police report what if i pay for the other drivers damage would that void my claim to her insurance if they say that it was not my fault?
Answer Hi Mike,
Someone is giving you bad information.
First, you are not required to pay for her damages unless in the unlikely event she sued you and won a judgement against you.
Just because you do not have insurance does not mean that you have to pay for her damages. And, according to what you have already told me, you are not at fault. When you are not at fault, you are not obligated to pay damages for the at fault driver. Even if you had insurance, your insurance company would not be obligated to pay damages for an at fault driver.
If you were at fault, this could pose a problem. She could try to sue you for damages. But again, I doubt this is likely. Sometimes states will impose penalties and restrictions for drivers who do not have insurance and who cause damage. This would depend on your state laws.
Now as for the police report taking 6 to 8 weeks!!! Whoever told you this is completely incorrect. Sounds like a bad adjuster excuse!
You should go personally to the records department of the police department that took the report and get a copy without further delay. It should be available by now.
Nothing is going to "void" your claim, unless her insurance company decides you are at fault. In that case, they will not pay for your damages. However, you would not be required to pay her damages either. Just because they claim you are "at fault" does not mean they are correct. But sometimes insurance companies will arrive at these important decisions without conducting a proper investigation. Hence, that is why it is important for you to obtain the police report that apparently establishes that you are not at fault.
Hopes this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
