Posted: Thu Sep 11, 2008 3:00 pm Post subject: Auto accident.. Need Help?
Hello everyone Iam new to this and I have a question to ask.... I was involved in an auto accident and I had no insurance at all... I was exiting a restaraunt and I was already in the middle lane (yellow markings) and there was this company car coming out of a bank exit and he proceeded to get into the yellow lane that I was in. I saw that he wasnt paying attention cause he was looking the other way to make sure no other cars were coming so he can get into the middle lane but he failed to see me so he hit me and they gave me a ticket for no insurance and driving with a suspended lic..... but no ticket saying that i was at fault.... So i recieved a subrogation notice/ payment demand... saying i owe there company 1800.00 I am not going to pay that amount cause i feel i wasnt at fault, can they come back at me saying since i had no insurance and no DL can they say I AM AT FAULT.... I have sent them a letter stating that I am seeking $ for damages she caused to my car.. can anyone help me and help determine what I should do....
Driving without insurance has certainly put you in a disadvantageous position, but that certainly doesn't imply that you ought to be the party at-fault. To understand the situation better we need to know your state of residence, so that we can look into the state's insurance laws.
I think you need to seek legal help. An attorney can help you in understanding your situation better.
can they come back at me saying since i had no insurance and no DL can they say I AM AT FAULT....
No they cannot say you are at fault for those reasons, only for driving in a lane that is meant for turns only...but you also cannot pull directly into that lane which is what it sounds like the other guy did...
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I have sent them a letter stating that I am seeking $ for damages she caused to my car.. can anyone help me and help determine what I should do....
I cannot figure out from your discription of the accident exactly who was at fault...what did the police report say or have you got it? I know about the tickets that's not what I mean, there will be a narrative by the officer and also a box or something that lists 'contributing circumstances' or some such wording...
sorry got to ask, what are you thinking driving without a license AND suspsended, (why are you suspended by the way?)....seriously going out to eat cannot be that important! Do you have ins. or atleast a license? Who's the owner of the vehicle you were driving? _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Well my lic is suspended because of a ticket I never resolved years back, but I already sent in paymnet but DPS told me it will take about 3-4 weeks or longer for it to clear and able to obtain a lic.. Its been about 2months and I didnt just GO EAT.. I work so I was on my lunch break and there is no one else who can drive me around when I need and the Vehicle is not under my name my uncle co signed the veh for me a while back...My isurance had a lapse and I already took care of that, but I reside in Texas and the police report stated that we both met at the center lane, but there was also a witness and his contact number was documented on the police report and another thing, i called the Insurace (other party) and I asked if they talked to the witness to see if they got a statement and he said "No, the number was not readable" so i provided taht number to him and as soon as we hung up I called the witness to make sure that he hadnt gotten a phone call and the witness stated that he had not heard anything on the incident. (note: When I called the witness I did not state that I was one of the persons involved in the accident I was basically calling to get a statement from him in refrence the the accident) and he clearly stated that the driver of the other vehicle told him that it was HIS fault and that he did not see me.....SO THATS clearly not my fault! So I dont know why the polic man didnt place that on the report....
Posted: Mon Sep 15, 2008 7:58 pm Post subject: update....
I called the Insurance company to see if they had already called the "witness" and if they had gotten a statement from him but they said no and that it really doesnt matter if the 'witness stated that there insured said he was at fault cause it didnt state on the police report... nor there insured said so.. So now they are requesting the pictures that shows the damages done to my vehicle so they can "conclude who was or wasnt at fault"( How can they conclude that I was at fault from damages done to there vehicle BY PICTURES!!! that was like 3 months ago and I already fixed some damages....) also another thing the Insurance company said that there insured said that I was on the cellphone at the time of accident, THATS A LIE.. I told the insurance company that i will be very GLAD to submit a call log from my carrier stating that I WAS NOT ON THE PHONE AT THE TIME OF ACCIDENT but he also stated that they already came to a conclusion that I was at fault and that was all they can do but they can take a look at what I have and take it from there.... What do yall think
How can they conclude that I was at fault from damages done to there vehicle BY PICTURES!!!
There are certain measures that help the insurance company to decide the at-fault party, namely
The point of impact
The position of the vehicles involved
The intensity of the damages
The police report, if you are listed in it as unit#1 you'll be adjudged as the at-fault party.
Skid marks, and so forth
The insurance adjusters are professionally skilled to determine the damages.
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that was like 3 months ago and I already fixed some damages....)
You were required to take snaps of the damages right after the accident, if you haven't done so you may face problems in establishing the damages. However, retain the bills and other related documents of the repairs done for references.
Kathy, who was cited as the at-fault party by the police? You are required to obtain a copy of the police report to know how much you have contributed to the accident. Driving without license and insurance has definitely put you in a tight situation, but the insurance company can't hold you responsible for the damages for this reason.
Also, since your uncle was the co-signer for the car, his insurance policy may extend its coverage to you. You may inform the insurance company regarding the accident and let their adjuster deal with the matter. The other party can pursue your uncle for compensations since you were uninsured at the time of the accident. Hence, it'd be wise to intimate your uncle's insurance company beforehand.
Determining the party at-fault has remained the most important factor in any car accident. It goes without saying that the negligent party is responsible for compensating the damages caused by his/her negligence. But often times the circumstances don't identify the party at-fault with 100% accuracy. Several influential factors may create chaos in the decision making process. Hence, the insurance companies often face challenges in determining the responsible party.
The state of Texas seems to be following the Proportional Comparative Fault at 51% rule, which bars the party contributing more than 51% in the accident from recovering for his damages from the other involved party.
Hence, if you are determined to be contributing more than 51% in the accident, you'll be responsible for compensating the other driver for his losses, moreover, will also be barred from recovering for your damages from the other driver's insurance.
I agree with you Juanita, the process of determining the responsible party in an accident is important, yet very difficult. The facts received during the process instead of solving the matter often complicate it even more.
Different states have implemented different laws in determining the responsible party, this is done to help in fair judgement. I think if you shade some light upon the different laws practiced by the different states, it would help the community to a great extent.
I think if you shade some light upon the different laws practiced by the different states, it would help the community to a great extent.
Thanks jeorge,
Yes, I too feel that consolidated information on the different laws practiced by different states can help our visitors. Often times the terms like no-fault and tort may create confusion amongst the motorists.
The states can be categorized as the following,
Tort: in a tort state anyone can sue anyone, ie, the injured party can sue the party responsible for the damages to collect for the damages.
No-fault: the no-fault law restricts the parties from filing lawsuits. The involved parties are required to file claims under their own policies. However, some states allow the injured party to seek coverage against the policy of the at-fault driver once his/her medical bills exceed his/her policy limit.
The third in the row can be the theory of comparative/contributory negligence. This policy states that if you are identified contributing even 1% in the accident, you'll not be entitled to receive any compensation from the other party.
clearly stated that the driver of the other vehicle told him that it was HIS fault and that he did not see me.....SO THATS clearly not my fault
It's not that easy or clear just because a person says it's their fault really means nothing...the average person does not have a clear understanding of the rules of the road...this really does nothing for you
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.."( How can they conclude that I was at fault from damages done to there vehicle BY PICTURES!!!
Points of impact have a lot to do with determining liability...
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What do yall think
I think you need to get photos of your vehicle to them...what have you repaired EXACTLY..?
Unfortunately for your Uncle he's likely gonna get a bill too...if he is a listed owner on the title...not just on the loan, most states hold the owners as liable as the drivers for no insurance...Have you broke this news to your Uncle yet? He should contact his carrier and see if there is any coverage (if he is an owner)..doubt it but it's worth a shot.. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Most of the states don't follow the pure no-fault or the tort rules now-a-days, instead new policies are devised to distribute the responsibility amongst the participating motorists.
Several states have adopted the policy of Proportional Comparative Fault at 50%, ie, if you have contributed 50% or more in an accident you'll receive compensation from the other driver.
Its gradually becoming difficult to put the blame on one motorist for the damages. Hence, it'd wiser to drive safe to avoid collisions
Hence, it'd wiser to drive safe to avoid collisions
It's be wise to be insured! and let the carriers fight it out...
In pure comparative, any division of a hundred can be determined and all are paid...if you are 20% at fault you get 80% of your damages from the other guy and he gets 20% from you or 50/50 you each pay 50% of other's damages...
In modified comparative with a 51/49 rule, if you are 51% at fault you are barred from recovery the other (49% at fault) is paid 51% by you.
I do not think this accident is a 100% fault one or the other of you...from your discription, nor do I think you are free of fault....where exactly is your impact and where is the other vehicles impact? _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Hey guys, I don't think that the insurance companies have any definite formula to determine the fault of the driver. Rather, its decided through the dialogue between the involved drivers and their insurance companies.
The insurance companies also register the versions of the drivers and the witnesses available at the scene to determine the at-fault party. However, there are other factors too contributing to towards the determination of fault.
If the parties disagree with the insurance companies, they then have to resolve the matter at the court of law. The involved party may also seek legal help to continue the negotiation on their behalf. The claim attorneys can help in settling the claims satisfactorily in cases of disputes.
