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 Posted: Tue Jul 14, 2009 8:18 pm Post subject: Insurance claiming 4 way stop accident my fault |
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Help!!!! I was T-boned going south at a 4 way stop and another driver was to my left and heading west. I have read car farthest right has the right of way. His insurance is blaiming me and wants my insurance to pay damages to his vehicle and also pay mine!!!! I did not receive any citation and there was a police accident report at the scene. I think they are trying to get out of paying for his totaling my car!!!!
The other driver told his insurance I was 30 feet from the stop when he took off but mathematically his story doesn't make sense!!!! I came to a full stop, looked and his truck was not quite at intersection, I took off was half way through the intersection when he T-Boned into the driver side of my car. I have read even if we were at stop sign at same time the car farthest right has the right of way. My vehicle was farthest right and he ran into me so I think his insurance should pay damages!!!!! What should I do?
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pbyas12
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| Posted: Tue Jul 14, 2009 8:54 pm Post subject: |
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First, you need to make sure your carrier knows about the loss so that they can provide you a defense for the other carriers demand.
I'm I understanding correctly that the drivers side of your vehicle was damaged? If so, this certainly indicates that you had control of the intersection _and_ that the other driver left the stop sign after you did (how else would you have gotten to the middle 1st?). As you were "in the lead", how is it that the other driver did not see you pulling out into the intersection? You would have been in front of his vehicle when the impact occurred so he should have seen you well before the accident. Why did he not stop? Ask the other adjuster these questions and let us know what they tell you. In order to better understand what we are looking at, we need to know the other drivers version of what happened.
Note: Be specific... how could you have been 30 feet away from the intersection and still beat the other driver to the middle? |
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tcope
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| Posted: Wed Jul 15, 2009 5:22 am Post subject: |
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Which portion of the car was hit? I guess the point of contact would play a crucial role in determining the fault.
Can you grab a copy of the police report?
Which state are you from? Have you not informed your insurer yet?
~Jeremy |
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JeremyHolter
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| Posted: Wed Jul 15, 2009 11:17 am Post subject: |
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As Tcope stated, first you have to get your carrier involved. If need be they will handle your damage under your collision coverage and the subrogate the other carrier. If you don't have collision your carrier still needs to get involved, so they can investigate the claim and deny the other guy.
Tcope is (of course  ) correct. In these types of accidents, POI (point of impact) is critical..If you were hit in the side, then 'x' amount of your vehicle got by the other car. You clearly had control of the intersection.
I'm assuming there were no witnesses?
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Lori
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| Posted: Wed Jul 15, 2009 6:18 pm Post subject: follow up 4/way nightmare |
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| My daughter was a passenger in my car. His carrier called and left a message that his story was he saw me 30 feet from the stop and entered the intersection then I hit him. His carrier said they did not have a copy of the accident report but were sure I was cited for failure to yield right of way. (I received No Citation) I did report it to my insurance with my side of the story, I had stopped saw he was approaching to the right and took off when midway through the intersection he T-boned the drivers side of my vehicle. As far as I know neither carrier has done an inspection of my vehicle. My carrier called today and said they received a letter from his carrier asking for my insurance to pay his damages!!! |
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pbyas
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| Posted: Wed Jul 15, 2009 7:00 pm Post subject: |
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My recommendation is that you call the other carrier and speak to the adjuster. Ask if they have a copy of the police report and explain that you were not issued a citation. Explain that their insured's version does not add up as there is no way you could have covered 30 feet, plus what it takes to get into the middle of the intersection in the same amount of time it took the other driver to get to the middle. The point of impact to your vehicle supports this information and based on the point of impact to your vehicle, it indicates that you had already entered the intersection when the other person pulled away from the stop sign. If you were not issued a citation, what are they basing their insured's version of the loss on? Just his statement? Certainly your statement _and_ the point of impact to your vehicle out weight the other person's statement. As icing on the cake ask them where they are getting the info that you were issued a citation. if it was from their driver then point out that the police report will confirm that he's incorrect about that as well.
Some people just lie about what happen and hope that they will get away with it. In your case I think you have enough to show that your version of what happened was correct. Also it appears that the other adjuster may be jumping the gun in looking for recovery when they don't even have a copy of the police report yet and your version differs from their insured's.
Ask the adjuster to send someone out to take photos of your vehicle. Or, if you can, offer to email the adjuster photos of your car. You could also email photos of the intersection if it's not difficult to obtain. Perhaps even pick up a copy of the police report and fax it to them. Handing your version of the accident to the adjuster on a silver platter goes a long way. |
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tcope
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| Posted: Thu Jul 16, 2009 12:22 am Post subject: |
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You must have been driving one of those new Obama Motors side-way driving vehicles, when you hit this guy's front end with your driver's side.
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Dasfuk
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| Posted: Thu Jul 16, 2009 11:34 am Post subject: |
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| Quote: | | You must have been driving one of those new Obama Motors side-way driving vehicles, when you hit this guy's front end with your driver's side. |
 There you go pbyas, maybe that's what they are basing their liabity decision on! haha...His carrier is (IMO) doing a sloppy job, any adjuster on the job more than a week should understand the basics of a controled intersection accident. If you damage is to the side of your vehicle, (and his to the front of his) CLEARLY you had control of the intersection...For the accident to have happened the way their insured explained it, he should have damage on his left side, or your vehicle should be damage to the left front, and maybe all the way down the left side..Any adjuster that makes a liability determination, with disputed facts of loss, without a police report, AND inspection of both vehicles is either inexperienced or lazy.
There are many sites (google maps for one) that you can get arieal photos of just about every intersection in the world. You can check to see if this intersection is listed if so forward on to his adjuster.
You shouldn't ''have'' to do the work on this claim, but if you want it to proceed quicker it won't help (per T's suggestion of the silver platter).
Did your adjuster say they were denying the other carriers subro claim, and would be subrogating them for your damage?
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Lori
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| Posted: Fri Jul 17, 2009 9:13 pm Post subject: 4 way nightmare continues |
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I just spoke with my insurance & they obtained a copy of the police report, no citations were issued. But was told the report says that Unit 2 said he stoped at the intersection and proceed ahead when my vehicle unit 1 contributed to the accident by proceeding through the intersection at which time unit 2 struck me.
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Pam Byas
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| Posted: Fri Jul 17, 2009 9:19 pm Post subject: 4 way nitemare |
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The police did not issue citations to either driver, the officer listed his opinion that Mr. X stopped & drove forward in Unit 2, that I Unit 1 stopped but did not see Mr. X and drove into the intersection contributing to the accident. (When I reached the 4 way I did stop looked all ways then proceeded ahead he was not yet at the stop sign.) My insurance said they were going to settle but I could protest the police report. ) Will it do any good to send a protest to the police report that point of contact and actual vehicle damages support that i was in the lead and he should have yielded right of way?
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Byas
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| Posted: Fri Jul 17, 2009 9:41 pm Post subject: |
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| You could... they would probably just amend it to the police report. It seems like the officer used some poor choices for words. He/She makes it sound like they were giving an account of what happened when really they were just repeating what one (?) driver told them. This is something a good adjuster will understand. A new adjuster or one who does not care is going to take the officers written info and make it into what actually happened. I think the point of impact to the two vehicles pretty much spells out what your stating. Id' through in the other person stating you were 30 feet away when he pulled out and this would lead me to take whatever he said with a grain of salt. I doubt that you could have covered 30 feet plus 20 feet in the before the other person could have covered 20 feet. If you did, he'd have notice you driving full speed into the intersection. |
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tcope
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| Posted: Sat Jul 18, 2009 8:51 am Post subject: |
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Tcope, what our OP can do if the other driver's insurer stick to their version of the accident? Does she have to sue the reponsible driver to collect her losses?
Pam, I guess you need to inform your insurer immediately. In case you get sued by the other driver, your insurance company would provide you with legal assistance. |
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kelvin
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| Posted: Sun Oct 11, 2009 12:10 pm Post subject: accident |
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I parked my truck parrell to the bldg. after I made a del i came out ck my back door to see if it was lock. I saw a car getting ready to enter entrance of bldg parking lot. She entered and went left on a phn. I got in my truck and checked my mirrows and proceeded to back up 6 ft to entrance to make turn r turn to leave. Suddenly bam. The car that went left decided to stop and backup in my blind side. I tapped it with my truck. very little dmg if any. a bumper scratch. After calling husband on phn she made seen and demanded to go to hospital. If she had kept going she there would be no accident. noscratches on my 16' box truck. She told the police that she was going left stopped backed up stop and I hit her. Witness in bldg only saw me hit her while her vehicle was stopped. Funny part is that She called my ins co already to claim. After reviewing my policy I was told that it expired and that I was not ensured by them. 1 mth later her attorney is writing letter needing my insurance info who I work for and who i live with. Im in Fl. I was an independent driver for a local courier co. I have no money, need help, need to know what actions to take. Scared
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Bart
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| Posted: Sun Oct 11, 2009 12:40 pm Post subject: |
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Oh Bart, honey you got trouble boy for sure. If there is no insurance on your truck. Your best bet is to get an attorney for yourself, (eventually-maybe). If the lady you hit has UM (uninsured motorist). Then she will need to file this with her own carrier. They will settle with her, then come after you for re-payment.
If what you have posted is correct. It sounds like she (or her husband) saw what they thought was a deep pocket, (delivery company). And then after running to the hospital ran to an attorney. Boy are they in for a shock huh?
It looks to me like Forida is a PIP state, | Quote: | REQUIRED COVERAGE IN FLORIDA
In Florida, you must carry:
>> A minimum of $10,000 of personal injury
protection (PIP).
>> $10,000 of property damage liability.
Florida’s Financial Responsibility law requires drivers
convicted of certain traffic violations, or who are
involved in an accident but cannot pay for damages,
or who are uninsured, to carry even more.
Per sonal Injur y Pro tec tion
PIP covers you in an accident, regardless of fault.
The usual coverage amount is $10,000. PIP pays:
>> 80 percent of reasonable medical expenses.
>> 60 percent of lost wages.
>> All reasonable expenses for replacement
services such as child care or housework
>> Up to a $5,000 death benefit.
Proper ty da mage lia bili ty: |
If their PIP laws are like most other states, then the injured party's injuries have to eclipse the predetermined threshold for them to even go after the 'at fault' party.
There is a former Flordia adjuster that posts regularly on this site, hopefully he will pop in on this thread, as he has much great knowledge of Florida's laws than I.
Gotta' ask you...why on earth were you driving a box truck without insurance? and do you have it now?
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Lori
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| Posted: Mon Oct 12, 2009 3:02 pm Post subject: |
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As far as PIP applies in this claim, the injured person needs to pierce the PIP threshold in order to file a BI claim against the at fault party. Problem is, in FL one threshold is "permanency" and an attorney can easily find a doctor to claim that there is some degree of permanency (one of the reason's why FL wanted to get rid of PIP).
OP, who owns the truck you were driving? If you were acting as an agent for a company that company would probably provide you some type of coverage... even if you are an independent contractor. So you may want to notify them of this accident (or the attorney probably will). If you don't have 2 cents to rub together, the attorney will probably drop his/her client unless his client has Uninsured Motorist coverage. If that is the case, the attorney will just go after that instead of you. |
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tcope
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