by Guest » Mon Mar 01, 2010 06:46 pm
So about one month ago I was involved in a car accident and the police officer that responded assured me that the other driver was at fault for failure to yield to the right of way. So because of this I decided to file through her insurance company, State Farm. It's been a month and now they are only offering me 80% for repairs because they feel I was partially at fault for the accident.
Basically I was driving and put my signal on to turn right, realized it was the wrong turn so I turned it off. This was about 100 feet from the intersection. A car pulled up and rolled through the stop sign and hit me. She claims she saw my turn signal on and saw me slow down to turn, but my signal was off and I never touched my brakes. I also did not have a stop sign and she did (which again she rolled through).
Anyway the officer said regardless of whether I had my signal on or not it wouldn't matter I had the right of way. State Farm is saying I'm partially at fault because of the turn signal. I don't find that fair at all, considering they didn't even fully investigate the matter. All they did was take both out statements, but they never contacted the other passenger of my car, and they never requested a Police Accident Report from my police department. The sided with her side of the things, which she said she was at a complete stop and by the time I turned my signal off it was too late for her to stop.
Anyway I just wanted to know if there's anything I can do, aside from file through my own insurance company (which I would rather not increase my rates). And also if that sound legit that I'm 20% at fault for an accident where she hit me.
Basically I was driving and put my signal on to turn right, realized it was the wrong turn so I turned it off. This was about 100 feet from the intersection. A car pulled up and rolled through the stop sign and hit me. She claims she saw my turn signal on and saw me slow down to turn, but my signal was off and I never touched my brakes. I also did not have a stop sign and she did (which again she rolled through).
Anyway the officer said regardless of whether I had my signal on or not it wouldn't matter I had the right of way. State Farm is saying I'm partially at fault because of the turn signal. I don't find that fair at all, considering they didn't even fully investigate the matter. All they did was take both out statements, but they never contacted the other passenger of my car, and they never requested a Police Accident Report from my police department. The sided with her side of the things, which she said she was at a complete stop and by the time I turned my signal off it was too late for her to stop.
Anyway I just wanted to know if there's anything I can do, aside from file through my own insurance company (which I would rather not increase my rates). And also if that sound legit that I'm 20% at fault for an accident where she hit me.
Posted: Wed Mar 03, 2010 03:04 am Post Subject:
Let me just break this down:
You have $2000 in damages...
Filing with State Farm you get paid $1600 so you are out $400.
Filing with Allstate you initially are out $500 but then you know you are going to get at last 80% of that back so you are are only out $100.
So far you see the math works if you file with Allstate.
But even beyond that, Allstate should seek 100% recovery. At _least_ they are going to get that 80% but there is a _good_ chance they will get 100%.'
So why not file with Allstate.
Posted: Wed Mar 03, 2010 03:23 am Post Subject:
Again, the IDIOT at Allstate who gave you this info should be fired! That person is an MORON!
No doubt. That's crazy talk. A lot of people these days are using fuzzy math.
Posted: Wed Mar 03, 2010 03:49 am Post Subject:
I had one onetime, where two vehicles had entered an intersection at the same time, where both vehicles were to yield to each other(which makes no sense-how does that protect anyone?). This was all caught on camera, so there was a little leverage
When there are cameras at intersections or on site such as Walmart, mall parking lots, convenience stores, gas pump sites, etc, is there a legal means to obtain video from the stores to corroborate a vehicle owners story, or would it take an attorney to subpoena this evidence. With digital cameras, video storage certainly isn't a hindrance. Anytime I have suggested a vehicle owner might request video surveilence it has been denied for proprietary reasons or they simply claim to erase dailey. When do insurers seek video for purposes of determining liability and would it even be permissable in court?
Posted: Wed Mar 03, 2010 04:10 am Post Subject:
It's pretty much standard practice that companies won't release video without a court order. Even when they don't have anything to so with the situation. If they do have something to do with the situation, I'm sure they will fight the disclosure. There is just nothing good that can happen to them if they release the video... only bad things.
Insureds use their insured's videos all of the time. I'm asking one of my insured for one right now to show me a slip and fall (which should be a legit slip and fall).
Posted: Wed Mar 03, 2010 04:14 am Post Subject:
I meet with business owners all of the time that have cameras. If they are video tape, the most they keep them for is a week before they are taped over. Even with digital, most small businesses on keep them on record for a few days if there has not been any problems reported.
Posted: Wed Mar 03, 2010 12:17 pm Post Subject:
And this is why I filed with the State Insurance Department, because had they interviewed the passenger of my car, the only other witness, she would have backed up my story, but they never did that and refuse to now.
We call these 'non' independent witnesses...you can't fault them for this...I'd have not given your passenger much weight either, although I would've taken her statement, if for no other reason to rule out an injury..T is right, and I'm betting my buck and a half it's an agent, and I can tell you why they don't want you to file the claim..it hurts THEIR loss ratio which translates to their bonus...idiot, bad agents...If you think for one second an agent of this caliber EVER has your best interest at heart you're (sadly) mistaken...report them (to the allstate adjuster or corp)...as T said, you'd be way better off having Allstate pay this and send it to arb if need be...I doubt you'd lose in Arb..
I've had great success getting videos (well I have to go there and view them), from small time non-corp gas stations, grocery stores etc. Have been allow to view videos at K-mart, and Hy-vee...Walmart...never
...however, I a cop can..they will cooperate and allow (here anyway) a local cop to view their videos...I got this done once..if you ever have one and have a cop or two that you have a relationship with try it..worked for me.. :wink:
Posted: Wed Mar 03, 2010 05:42 pm Post Subject:
I've had great success getting videos (well I have to go there and view them), from small time non-corp gas stations, grocery stores etc. Have been allow to view videos at K-mart, and Hy-vee...Walmart...never
I just spoke this morning with a Walmart associate manager who came to pay for his daughters car repairs. So I asked him if Walmart ever gave out their video. He says if there is a police report, they will make dvd's available to the police on questions of liability, theft, bad check passing and injuries on the property. He says they routinely give the police videos at least five times every day on police requests on various matters. However no vehicle owner can walk in with a police report and request the DVDS for themselves.
Posted: Wed Mar 03, 2010 11:57 pm Post Subject:
That explains how I've got to view the two I have at walmart, as I said, had a police man go and they allowed us to view it, (on one..on the other the cop friend of mine viewed it and then called me with what he saw)..
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