by kathy78566 » Thu Sep 11, 2008 03:00 pm
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.... :?: :?: :?: :?:
Thank you,
Kathy
Thank you,
Kathy
Posted: Tue Sep 16, 2008 10:13 am Post Subject:
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.."( 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...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..
Posted: Tue Sep 16, 2008 10:18 am Post Subject:
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 ;)
~Jeremy
Posted: Tue Sep 16, 2008 10:29 am Post Subject:
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?
Posted: Tue Sep 16, 2008 10:45 am Post Subject:
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.
Thanks,
Rupert
Posted: Tue Sep 16, 2008 10:59 am Post Subject:
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?
Just the reason I believe that she might not receive compensation for all her damages, rather, if its determined that she has contributed more than 51% in the accident, she will not receive a dime from the other party instead would be held responsible for the other car's damages. And non-availability of insurance has made the situation even more difficult.
Texas is considered to be a tort state (Proportional Comparative Fault at 51%), which implies that the drivers are required to bear the financial responsibilities of the damages caused by them. And if she is apportioned to have contributed more than 50% in the accident she and her family might face the consequences as well.
Regards,
Juanita
Posted: Tue Sep 16, 2008 11:24 am Post Subject:
It's be wise to be insured! and let the carriers fight it out...
That's right, but at the same time you need to be careful with the ways you drive. She has got her licensed suspended and consequently has lost her coverage. If she has had resolved the matter with the DMV, she would have the insurer fighting the case for her.
Anyways, reckless and insensible driving can play havoc on your insurance policy as well. A claim filed under your policy is bound to increase your premium rate, moreover, you may even lose the coverage or may face problem in obtaining one if you file too many claims with your insurer.
~Jeremy
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