t boned and frustrated

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PostPosted: Thu Jun 11, 2009 3:23 pm   Post subject: t boned and frustrated  

My husband and i were t boned about a month ago. We were coming out of a gas station parking lot and he crossed over into the center lane, he then checked to make sure that traffic was clear and moved over into the far right lane. He went about 750 feet and proeded to make a right turn and was t boned in the door. The other car came out of the same gas station and according to the witness statement was speeding and hit him. the other driver was ticketed at the scene for reckless driving and like i said I have a witness. The other driver took a long time to contact their insurnace company to give a statement and then denied fault, and I only have liability so right now I have over 1000.00 worth of damamge to my car and the insurnace compay is bucking on the claim.I have gotten a police report and my witness has gave his statement to the insurnace company. I talked to a claims manager, my adjuster will not return my phone call. She told me that in my state there is a 1% law and that if they can prove by 1% that my husband contributed to the accident that they will not have to pay. She told me that you can not stop in the center lane to wait fot traffic to clear, but this would not matter anyway beacuse the accident did not occur in the center lane. I think they are jsut trying anytihin they can to get out of paying. I am so frustrated with this and any info that you could give me would be great. I thought that if the other party was tickted and I had a witness then it was cut and dry. Thanks

kisser2429
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PostPosted: Thu Jun 11, 2009 6:43 pm   Post subject:   

Move to another state... one with better negligence laws.



Seriously, state that bar recovery if 1% at fault are not doing anyone any good.



Without speaking to both drivers and the witness there is no way to tell if there is 1% liability against your husband as 1% is just so small.



For future situations you may want to think about getting collision insurance due to your state laws.



If your husband is making a right turn from the right lane how did the other party his his right door?

tcope
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PostPosted: Thu Jun 11, 2009 7:11 pm   Post subject: If your husband is making a right turn from the right lane h  

According to the witness she tried to pass him and t boned him the the rear door . There were no skid marks or any indication that she ever tried to stop.

kisser2429
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PostPosted: Thu Jun 11, 2009 8:50 pm   Post subject:   

How and why would someone pass a vehicle that is in the right turn lane, on the right side of the vehicle? They would need to either drive in the right emergency lane or sidewalk to do this.



The other part that does not help is that it appears from your description that you husband moved right from the left lane(s) of the road way. Damage to the passenger side of his vehicle would make sense if the other person was in the right lane and your husband tried to make a right turn from one of the left lanes right in front of the other vehicle.

tcope
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PostPosted: Fri Jun 12, 2009 4:40 am   Post subject:   

Quote:
She told me that in my state there is a 1% law and that if they can prove by 1% that my husband contributed to the accident that they will not have to pay




Which state are you from?



However, I'd agree with tcope from your description it seems that your husband infact have tried to cut across the other driver and got hit.



The other driver might be speeding but you need to tell us more about the incident. What does the police report state? Does it mention anything regarding fault?
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PostPosted: Fri Jun 12, 2009 7:36 am   Post subject:   

Hi kisser2429,



Quote:
I have gotten a police report and my witness has gave his statement to the insurnace company.




Did the witness say anything regarding the position of your car? Was it possible for your witness to comment on this from his/her position?



Quote:
I talked to a claims manager, my adjuster will not return my phone call.


What did she say when you told her that the accident didn't occur at the center lane?

What are the possibilities of an adjuster contacting you?



See, if you're confident and still being regarded at-fault you might communicate this issue to the DOI, but before that you'd need to clarify a few things!



Steven
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