QuestionI was in a traffic accident during the Thanksgiving holiday. The other driver failed to yield, admitted to the fault, and admitted to not seeing me due to sun glare. My vehicle struck the other party who continued to left turn in front of me despite my honking, brakes, and swerving to avoid. The other driver told the police officer that I was texting (which I wasn't) and that she is sore. I have had sore neck and back and also headaches, but I can't be certain it is from the accident. Rather, I think that stress from the accident aggravated my muscles, headaches, etc. I also got sick over the holiday (after the accident) which I believe to be a stress reaction. However, other than some queasiness, I believe I am alright now. So, she is at fault, but her insurance company wants to charge me some fault for cell-phone use. I have since sent them a copy of my phone records to prove I had not been on my cell phone. I have several questions.
1-Since I swerved slightly to avoid the other party, my vehicle struck her left passenger side corner of the rear bumper. Can the insurance company claim this as a rear end when both parties agreed that the accident was a direct result of her turning in front of me?
2-I was left stranded on the holiday and was forced to take a shuttle home as the rental car companies were all sold out. I also went over my cellphone minutes talking to the police, insurance companies, rental car companies, and the tow truck company. I have a second vehicle, but it is an antique and not great in the snow. Will I get reimbursed for the shuttle? Will they have to provide a rental car company from my town? Will they have to reimburse my cellphone overage ($100 directly related, $200 arguably related--calls to loved ones, etc).
3-The insurance companies now have proof I was not on the phone and that the other party lied. What justification could they have for finding me partly to blame? (My state has a left-turn fault statute.) Is there any recourse for her lying and delaying the investigations? She delayed the case by days at the least.
4-Should I seek reimbursement for what I assume to be stress-induced pain and possibly accident-induced pain or suck it up as I would had there been no accident? I am also a student and work full-time. I missed out on valuable planned study time due to stress and negotiation with insurance companies? Should I miss work to make up for the missed school time and request payment for missed work? Should I get a lawyer?
I do not want to exaggerate or push bounds, and I want to be and appear moral in each action. I am scared of the legal and insurance process and want to make sure I proceed knowledgeably and informed.
AnswerHello Frustrated,
Let me try to answer your questions,
1. Insurance companies can try to claim this, however, if you have evidence (statements, a police report, a witness, or they get a recorded statement), they will probably have to go with that. you were trying to avoid the accident. For more information about fault, please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
2. You need to be put back in the position you were before the accident. However, insurance companies will fight you if you are not hurt. If you are hurt, they are more willing to work with you. If you can show that those minutes were related to the accident (and the injury), you need to be reimbursed for that. This also happened for the loss of use of your car. You are owed the shuttle cost.
3. Probably not recourse. This is a civil matter and people sometimes "don't remember" everything exactly. Things can be, but they can also appear to be. Contact a lawyer if you want more information on this.
4. Well, you might have claim or you might not. Please see: http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html - If the stress is related to the accident or caused because of the accident, you could make that claim and seek compensation. You can also talk to lawyer and see if you do have a claim and for about how much you need to settle. to get an attorney near you, please see:
http://www.auto-insurance-claim-advice.com/find-a-lawyer.html
