Posted: Fri Apr 11, 2008 3:05 am Post subject: Not At Fault
Hi!
Today I had to swerve to the right to avoid a large car that had pulled almost completely into the right lane (which I was in) and paused in the road. I would have hit the driver's side door of the car, but instead I swerved to my right and went around the car, avoiding it. I did however, cause severe damage to my car by running into a ditch and probably totaled my vehicle. The other driver's car was not touched. The cops did not give either of us a ticket, but I think he absolutely should have cited the other driver for pulling into the road. I also have witnesses who told the cop that I he was so far into the road I would have hit him had I not swerved. Anyway, because no one was given a ticket, my insurance company says I am responsible to pay my deductible, and the damage is not even worth it to fix the car. I felt that I avoided a tremendously dangerous situation, but I am being penalized. Is there anything I can do to recoup the money for my car or to appeal this situation? _________________ Register Now to have your Insurance queries solved.
Need to know some things..
Did you do the first things first- exchanged information with the other party?
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I also have witnesses who told the cop that I he was so far into the road I would have hit him had I not swerved.
Did you take the contact information of all these witnesses?
Have you got any statement from the police in writing?
Pls explain..JLakesbury _________________ Register Now to have your Insurance queries solved.
I did however, cause severe damage to my car by running into a ditch and probably totaled my vehicle.
Doubts!! Would like to know whether it got totalled finally or not!
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Anyway, because no one was given a ticket, my insurance company says I am responsible to pay my deductible, and the damage is not even worth it to fix the car.
Which state are you in? Don't hurry..claims in a hurry don't often live upto your damages..hope you know it! Did you say it happened 'today' ??
Regards.. _________________ Register Now to have your Insurance queries solved.
because no one was given a ticket, my insurance company says I am responsible to pay my deductible, and the damage is not even worth it to fix the car
The reason you have to pay your deductible is because you have to use your collision coverage not because there were no tickets issued...I don't know what you mean by ''the damage is not even wroth it to fix the car'' please explain that part of your post...
Here's the unfortunate truth...and I've handled many of these claims...I agree first of all the other driver is the proximent cause of the damage to your vehicle however, I sincerely doubt any carrier will accept liablity for this, without an impact....
You do have a few options however...first have you filed a claim with the other (at fault in our eyes) carrier? If not you need to do so..they will take statements (as your carrier should've by now) from all parties including the witnesses...if they still deny your claim your only other hope is if your company pays (after your deductible) then files the claim in arbitration, or you cold take the other party to small claims court...you can supena the witnesses and let a judge decide, if you get a judgement the other carrier will pay the claim...
I'm so sorry you have to deal with this, unfortunately had you hit the car there would be no liability question the other carrier would have more than likely quietly paid the claim... _________________ 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!
I agree about liability but only in that it will be more difficult to get the other carrier to accept some liability and extremely difficult to get them to accept 100% (which probably won't happen). Then state laws come into play. In some states you cannot collect _anything_ from the other carrier if your 1% at fault (which you will be in this accident). Other states you cannot collect if your 50% or 51% at fault (which the other carrier _might- argue in this case).
If you have good independent witnesses I'd say you stand a good chance of recovering a very large portion of your loss from the other carrier. What this means to you, is a large portion of your deductible. You may loss $100 or so, but that is not too bad.
Again, the other carrier could always take the position such as, you should have seen the other car pull and and stop and had enough time to simply change lanes or stop. I'm not saying that was the case... only that the argument could be raised. I know already that the other drivers statement is going to be that they pulled out _slightly_ and stopped and that you had plenty of time to drive around them. Again, I'm not saying this was the case... just that this is probably going to be their statement. That is why independent witnesses are good.
Sorry to hear this happened to you. I see why you would be upset at having to take responsib ility and pay your deduct. Things like this stink but what can we do. Good Luck.
