QuestionOn monday i was in an auto collision were the other party was at fault. it was day light and a little foggy but not heavy enough were U couldn't see . I was running on a four lane straight were a car jumped out into traffic and said he did not see me and made a complete stop in front of me . i hit his driver rear door and messed up my whole front end . i did not receive any tickets from the accident but he is saying that he did not see me because my head lights weren't on but his window was down . it was daylight and dont of peoples head lights were not on .his insurance said that they will only play 70 of my repairs but i have to pay the other 30 which is 900 dollars that i don't have what should i do in this situation because i'm without a car and no way to work so I'm on the verge of losing my job i have tried over and over to get this resolved please help
Answer Hello Chantel,
You are lucky that they agreed to pay 70%. They could have decided that you were fully responsible for the accident.
You mention that you could see just fine in the fog. The problem is, just because you can see does not mean that other people can see you. That's why most states have traffic laws that require lights-on when visibility is an issue. The Texas Transportation Code reads in pertinent part:
547.302. DUTY TO DISPLAY LIGHTS. (a) A vehicle shall
display each lighted lamp and illuminating device required by this
chapter to be on the vehicle:
(1) at nighttime; and
(2) when light is insufficient or atmospheric
conditions are unfavorable so that a person or vehicle on the
highway is not clearly discernible at a distance of 1,000 feet
ahead.
Note the term "atmospheric conditions", which would include fog.
If you cannot afford the additional $900 in repairs, you can always file a Collision claim if you have that coverage. The downside could be that your carrier would also find you responsible. In any event, you would have to pay a deductible.
Sorry for the bad news.
Jane Pytel
http://InsuranceExpertAdvice.com
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