Auto accident help

[carrowsboy]

I was in an accident last Friday afternoon. I was going straight down a road into a parking lot when an SUV made a left hand turn out of an adjacent parking lot and her back passenger tire hit my front driver tire. It did no damamge to her SUV, yet my whole quarter panel, blinker lights and even part of my door are messed up.

I called the cops & they refused to write a ticket or report saying that it was "on private property." So I called her inusrance company and told my side of the story. Today I get a letter stating that they will not pay for damages & it was my fault for "not maintaining a proper look out." So I guess it is against the law to drive straight while cars make left hand turns. "Failure to yield to oncoming traffic" must have been thrown out the window.

Anyways, what do I do???

I am looking into the road I was on and seeing if it really was private. If it was public, then I'm thinking of contacting an attorney and bringing a suit against the Sheriff's department for their negligence.

Any other suggestions?

[CO Liberal]

1. Go to the Yellow Pages

Find an attorney who specializes in car accidents and make an appointment for a consultation. You may have grounds for legal action against that insurance company.

[radwriter0555]

2. Call YOUR insurance co, this is what you pay premiums to have them

handle for you.

[carrowsboy]

4. I called them

am still waiting for the adjuster to call me back.

They did basically say that without a witness and no police report than teh other company is not liable.

So I either pay out of pocket or pay my deductible ($500) and my premiums go up.

In any event, I pay for an accident that was not my fault.

[radwriter0555]

5. Also, it doesn't make sense that her car hit you. It sounds like your car

hit hers.

Bite the bullet, pay the $500 deduct, get your car fixed. Then, take her to small claims court.

[carrowsboy]

7. yeah it really does make sense

I mean I was just following the road rules by going straight, while she pulled out (no turning signal) and tried to cut me off, only to end up hitting me.

Yeah I guess it is so my fault.

[CO Liberal]

9. No....SHE'S At Fault

In effect, she made an illegal turn for not waiting until it was safe to turn.

In 1990, I was making a left turn and had my car stall in an intersection and was T-boned by a Suzuki Samurai going straight. I was found at fault.

[DemoTex]

11. Careful! Not all states have small claims courts.

I think Virginia is in that number without.

[DACT]

24. Can't you supeona the cop on the scene

I would do this immediately.

[kentuck]

10. Yes. Sometimes your insurance will negotiate with the other insurance

:shrug:

[Hawkeye-X]

3. I was also in an automobile accident today

I was just driving straight ahead on a side street and there was a Ford Focus that failed to stop at the marked stop sign. Unfortunately, I saw the car, and tried to stop myself but the problem is the ice from Monday's snowstorm didn't help matters as I hit my mom's 1994 Honda Passport right to the side of the car. Fortunately the guy immediately admitted that it was his fault, and being a deaf guy, I had to page my dad to help me out (I was on the way to their house to drop off groceries since they were sick), and he came over and called the police. We exchanged insurance information, and the police came, determined that the guy was at fault, and gave him a ticket. My dad told me to drive the car to Bill's (one of our clients that owns a body shop) and drop it off and give him the insurance information, and go to school from there.

Just to let you know that I'm ok, and the guy and his twin boys were OK too. :)

Hawkeye-X

[RevolutionStartsNow]

6. Glad everyone is okay!

Be careful on the ice, I don't envy you having to drive in that weather!

[kentuck]

8. Do you comp and collision coverage?

If you have that, it doesn't matter whose fault it is? Of course, your insurance will probably go up more than the cost of the quarter panel..

[carrowsboy]

12. I have full coverage

But why should I have to pay when it was not my fault? I was obeying the law, she was not.

[sandnsea]

13. Press your insurance company

Something similar happened to my daughter, except the other guy got a ticket and was clearly at fault.

Anyway, the insurance company wanted to put the accident on her comp/collision because they were both covered by the same company. We pitched a fit and wouldn't settle until we made sure the claim was going only against the other guy. It was very clear he was at fault, but we still had to demand his policy was charged.

So just stick to your guns with your insurance company and make them investigate. That's what I'd do anyway. And cops don't write tickets on private property. I've heard alot of strange things about parking lot cases. You might also want to look at where the accident took place and see if shrubs, signs or anything else contributed to the accident and go after the owner of the complex. Lawsuit crazy America, yeah, but you shouldn't have to pay if you don't think it's your fault. I think if we fought this stuff more instead of just paying up, things would get better.

Just my opinion.

[kentuck]

15. Do you have a $500 deductible?

If so, I can understand. Your best bet is probably to press your insurance company. If you can prove that the other person was at least 51% at fault, her insurance should have to pay. Sometimes they will say tha no one was at fault and the companies will split the costs to repair...but you still have your deductible and a probable increase in premiums...

[Fescue4u]

14. Two viable options

Call your insurance company and file a claim, they'll then pursue damages against the driver.

file suit against the other driver in small claims. You've got a good chance of winning there.

Don't bother with suing the sheriff (???), unless the other driver WAS a sheriff, they are not at fault. ALso if you retain an attorney, you'll spend FAR more than you might collect.

[Padraig18]

16. Have YOUR insurance company pay for the repairs:

They normally will, and will then ask you to sign a subrogation-of-claim agreement, and will arbitrate the matter with the other driver's insurance company. That's how it works in IL, at any rate.

[kentuck]

17. That is correct.

Subrogation...that is the word I was looking for...But they will pay to fix your car, minus your deductible.

[jcv1]

18. claims help

hey carrowsboy - I'm new to this forum and this is my first post so no fair dissing the newbie :) I handle insurance claims and also am most of the way through law school so maybe I can help you on a couple fronts.... The most important thing to do now is to take photos of the area where the accident happened from the viewpoint of both drivers and try to show any road markings, stop signs, signals, etc. If you notice a pattern of traffic that is different than what it should be, video the area for a few minutes. Then, make sure you find out where the closest claims office for your insurance company is to you. If you are calling your agent and asking them to turn in the claim, and they don't, you can bypass them and get to the claims office or department directly. Let the claims person investigate and make a determination, based on the information you provide, whether you have a valid claim against the other party. If not, then you're back to your options of accepting payment from your company less your deductible or paying for the repairs yourself. If you have a valid claim and don't want to claim through your company, go ahead and file small claims against the other party. It's a hassle but fairly inexpensive. Most insurance companies have to defend their insureds in any court action so you may get a call that they would rather pay your claim than pay $150 an hour to defend a small claim. Finally, if you continue to get a hassle from your company, notify the insurance department of your state govenment through the complaint process and you'll get action very quickly. Let me know if you need anything further,

JV

[ScreamingMeemie]

21. Welcome to DU JV!

Good to meet you. :)

[jcv1]

26. welcome

thanks - just trying to be of some help... and glad to know there are soooooo many like minded people out there just waiting to "take back" our country from the small minds - I'm just waiting for the Dem. candidate, whichever one, to start changing the rhetoric from "Libs" v. "Cons" to Americans v. Regressives so that more people on the fence would feel comfortable looking forward instead of trying to recover an imaginary past....anyway, thanks again

[chromotone]

19. There are several excellent suggestions on this thread...

I've had my share of accidents. Fortunately, I haven't been at fault.

The best advice I've read here is to let your insurance company do the work. If you have an agent, talk to him/her directly. He/she should be working for you!

25 years ago, I was involved in an accident where the other driver was clearly at fault (he attempted to make a right turn from the left lane and ran into me (I was in the right lane of a 4-lane divided road, going straight)). I didn't have an agent but contacted my insurance company. I got the feeling no one really wanted to help me because I wasn't a client. So I received some general advice and wound up dealing with the other party's insurance company directly. After running around for 3 estimates, the other driver's agent said he would settle for half of the lowest amount. I accepted although I felt I was getting conned.

Fast forward to two years ago. The same thing happened (not the same driver). I now have an agent and simply turned the other driver's name and insurance information over to him. He did the rest.

One thing he did tell me is that often times insurance agents/companies will "drag their feet" to see how much you are willing to pony up, even if you are NOT at fault. If you agree to a suggestion (settlement) that they find beneficial (i.e., you pay for some of the costs; you accept a lower settlement; etc.), then they come out ahead. That's what your agent is for: seeing through the bullshit and getting the other party's insurance agent to settle 100% when his client is totally at fault.

I know insurance can be pricey at times, especially if you have auto, health, home, life, etc, but my (auto) agent has been VERY helpful on numerous occasions.

[TorchTheWitch]

20. oh dear

I used to work for a major insurance company in the auto claims dept. so I know all their slimy tricks. When I went into law, mostly I did medical malpractice but still did a lot of personal injury (mostly auto accident) cases.

Go to the emergency room. Doesn't matter if you think you're ok or not... go anyway. Most soft tissue injuries don't show up for sometimes weeks or even months, but if you don't go to the ER, the ins. co. will hold it against you if you don't go now (even though they know damn well it doesn't mean squat... they'll hold it against you anyway). Tell them you were involved in an auto accident and you're sore... your neck/back/whatever hurts (neck is your best bet). It doesn't take much of an impact to cause a neck injury, and insurance companies know this. Soft tissue injuries are also VERY difficult to prove false. I'm not saying you should fake injury that you haven't got, but at this point, you don't KNOW that you definitely haven't been injured since symptoms may not crop up for a long time... cover your butt. Insurance companies are far more afraid of injury claims then property damage claims, so go to the ER.

Go right now to the accident scene with a camera and take photos from every angle. There should still be broken glass, skid marks or other evidence that shows where the impact occured. Make sure you take a few photos that show the evidence in relation to the environment (i.e.: the police claim it was on private property but you say it wasn't). Photos are irrefutable evidence. Take photos of the damage to your car from all angles with close-ups. If you have to, buy one of those throw-away cameras with a flash.

Go to the police station that handles the area where the accident took place and insist on filing a personal statement. They might be a pain in the ass about this. The personal statement is an explanation of who the parties involved are, what happened and where it happened in your own words. Make sure you sign and date it. The may charge you for this, but normally it's about $10 (that's their "nuisance" fee). Keep the receipt and insist on a copy for your records.

Get an attorney. Don't worry about the cost, personal injury cases are done on a contingency basis. An attorney will be honest with you on whether or not you have a case, and if not, what your best options are. Here's a google search on auto accident attorneys in your area: http://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=auto+accident+attorney+richmond+virginia&btnG=Google+Search Pick one that has a lot of experience and specializes in personal injury cases specifically auto accident cases. Keep a copy of anything you give your attorney... attorneys lose stuff too.

ASAP write down everything about the accident like you are reliving it. Don't leave out any single little detail since you don't know what little detail may or may not be important. Include street names, other party info, damage info of both vehicles... everything. You'd be surprised at how much is forgotten even a day later.

Don't worry that the insurance company of the person that hit you denied the claim... that's standard operating procedure. They always deny a claim right off the bat if they think they can get away with it.

The area of damage to your car shows that you were hit and not that you hit someone else. Contact your insurance company and have an adjuster evaluate the damage. You'd be amazed at what adjusters can tell about an accident just by evaluating the damage. Make sure you get a copy of their evaluation.

Don't admit fault under any circumstances to anyone INCLUDING YOUR OWN INSURANCE COMPANY.

For future reference... ALWAYS have a camera available in your car to take photos of an accident scene, and absolutely refuse to move your car until you've taken photos.

PM me if I can help anymore.

[carrowsboy]

22. I went back to the scene of the accident

Almost a week later & there si still debris from my car there.

I checked with the Texaco and other stores around and sure enough THE POILCE LIED to me. The road is indeed public and not private. Thbey refused me a police report on the basius that it was "private property," but they were wrong. I really want to see if I have a case.

[DACT]

23. Don't sue the Sheriff's department. Sue this woman

The cops are right. Private property is exempt from ticketing. Second, cops don't determine fault, the courts do. The cops also have immunity in "gray" areas.

But take this woman to small-claims court. If you present a good case, like you did here, the jury will side with you.

[carrowsboy]

25. Road wasn't private

It was public. The police ignored their duty.