Who is at fault??

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Fri Jan 04, 2008 12:36 am   Post subject: Who is at fault??  

Last Friday nite I was involved in an accident with one other vehicle. I was approaching an intersection northbound and the stoplight turned yellow. I had to continue to proceed through the intersection based on the following factors 1. I could not stop because the streets were wet and I was afraid the car would slip and slide on the wet street. 2. When the light turned yellow I was just feet away from being in the intersection already. 3. If I had stopped I would have had to stomp on the brakes to lock them up and I know that even doing that I could not stop in time. The other vehicle was going southbound on the same street and was stopped in the same intersection waiting to make a left hand turn. The driver stated to the police officer that she looked up and saw the light was yellow and wanted to get out of the intersection. We ended up colliding. Her driver side front end is the point of impact on her vehicle and my vehicle was damaged so extensively that you cannot tell the point of impact. It looks like the point of impact on my car was the driver side front wheel to my untrained eye. My questions is who is at fault? I was going straight through the intersection and she was turning in the intersection so I assume I had the right of way. Does that make her the one at fault because I had the right of way? My view of her in the intersection was blocked by another vehicle going northbound in the turn lane making a left hand turn. The 2 witnesses interviewed by my insurance agent stated that the light was yellow and neither one saw the impact and they too were attempting to clear the intersection before the light turned red. After the collision my car was pushed into the curb wiping out a light pole and hitting a rock wall head on. When I was in the intersection and saw the other car turning into me I was not able to swerve out of the way without putting other motorists (going westbound on the intersecting street) in harms way.



No injuries have been reported by the other party. Their insurance is esurance and I have not been contacted by them yet. I have left messages. My insurance agent (Cincinnati Insurance) believes my car will be totalled. I don't have renters insurance but I need a car. What should my plan of action be? The collision shop cannot do an estimate on my vehicle until late next week. Preliminary my agent has said that the accident is the fault of the party that hit me but he hasn't made it official yet. He is waiting to talk to an esurance agent. He has left messages but no return calls yet. My agent wants me to record a statement of my version of the events.



This accident happened in Kentucky and the other party is from out of town from the state of Georgia.



A lawyer friend of mine said that since the light was yellow and we both were trying to clear the intersection we both can be cited for criminal charges and no one will be found at fault. I don't understand this because you are required to clear the intersection on a yellow light and no one ran a red light.

Katladd
New member
Leave a quick message



Joined: 03 Jan 2008
Posts: 2


2.37 Dollars($)

PostPosted: Fri Jan 04, 2008 1:03 am   Post subject:   

I am not entirely sure since it was a yellow light and you entered the intersection. But generally the person turning across or into the flow of traffic is at fault. I am just not sure since the yellow light is involved. The other person failed to yield to oncoming traffic as far as I am concerned. But I am not an insurance agent.

avengerki
Member
Leave a quick message



Joined: 01 Jan 2008
Posts: 86

Location: Oregon
1.40 Dollars($)

PostPosted: Fri Jan 04, 2008 5:16 am   Post subject:   

Quote:
A lawyer friend of mine said that since the light was yellow and we both were trying to clear the intersection we both can be cited for criminal charges and no one will be found at fault.




I guess your lawyer friend is right to some extent. Its normal for both the motorist to haste when the light is about to turn red. Go ahead and register your version of the story with your carrier, and let them decide upon it. You both may have to share a percentage of responsibility as the light was ‘yellow'.



Well, you always have the option to file the claim with your insurer if you have the collision and comprehensive coverage on you car. It'll cover you irrespective of the fact that the other driver was the at-fault party.

_________________
Register Now to have your Insurance queries solved.
survivorinthemidst
Guest







PostPosted: Fri Jan 04, 2008 6:50 am   Post subject:   

The right-of-way speaks that-



  • It goes to the driver who has reached the intersection before the other. The other driver should allow the existing traffic to pass the intersection before him.



  • If two motorists reach at the intersection at about the same time, the right-of –the-way goes to the driver who will move straight or take a right turn.



  • You should allow the right-of-way to the traffic if you can't cross the intersection without interrupting the traffic coming from the opposite side.




Hope the input will give you some hint over the issue. There are some great insurance experts around these forums, so please await more specific answers. Smile

_________________
Register Now to have your Insurance queries solved.
crazy@smile
Guest







PostPosted: Fri Jan 04, 2008 3:08 pm   Post subject:   

Good morning Katladd and welcome...



Couple of things, first I'm assuming (and hoping) that you mean 'adjuster' when you are saying agent is that correct? If not then you need to make sure that your 'agent' reports this loss to the claims dept of your company so that an 'adjuster' can handle this claim.....And you will need to (probably) go ahead with your coverage (collision) and get your vehicle taken care of....in the interest of time, while the liablity is being investigated otherwise it could be weeks before this is done......



The other party clearly had (prior to the light turning yellow) a solid green meaning they had to yeild to oncoming traffic prior to making their turn..Had they had a solid green arrow, then you would've had a red light...this being the case, I would more than likely (were I handling the claim) assess the majority if not all the negligence to this party....



Is this intersection monitored by video or photos at all? Contact your city and find out....Were there any tickets issued?



Quote:
The collision shop cannot do an estimate on my vehicle until late next week.
What on earth is this about? This is silly, first of all the adjuster for your company should be handling this, either inspecting the vehicle themselves or hiring an idependent adjuster to do the same...Have you talked to an adjuster from your company at all?



Quote:
Preliminary my agent has said that the accident is the fault of the party that hit me but he hasn't made it official yet. He is waiting to talk to an esurance agent. He has left messages but no return calls yet. My agent wants me to record a statement of my version of the events.




Again I need some clarity here...first of all an adjuster from your company should've already taken a recorded statement from you and the other driver and any witnesses...I'm worried/concerned that your 'agent' in an attempt to keep this claim off of your policy (thus not affecting his loss ratio) has not reported this claim to the claims dept of your company, and trying to get it handled thru the other carrier....which frankly is unethical if it is not in your best interest and in this case IT IS NOT IN YOUR BEST INTEREST!



Please clarify this for me, and if this is what is going on...call your agent and tell them to report this claim PRONTO!



I await your responses....


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Fri Jan 04, 2008 9:35 pm   Post subject:   

Let me try to answer your questions. But first I want to say thank you so much for taking the time to address my issue and share your expertise.



The agent I am referring to is actually an adjuster with my insurance company. Sorry about the confusion I didn't know the difference (but I am learning).



There is no video monitoring or photos at this intersection and no tickets were issued.



Our adjuster has taken statements from the witnesses only. I have not given a recorded statement to my adjuster but will do so early next week.



Our car is at a collision repair shop recommended by the dealership where we bought the car. They are doing the estimate next week and our adjuster is going on Monday a.m. to take pictures of vehicle.



Our adjustor said our insurance will handle our claim and they will duke it out with esurance themselves over the liability issue. Our adjustor also said he will use the NADA book to determine how much our car was worth and then add sales tax to that percentage. Does this sound reasonable?


_________________
Register Now to have your Insurance queries solved.
Guest







PostPosted: Fri Jan 04, 2008 9:44 pm   Post subject:   

I think Lori and the other Members are handling this quite well, but I'm really curious, did you buy the insurance online?



_________________

"The good you do today may be forgotten tomorrow. Do good anyway."

— Mother Teresa
InsuranceMaze
Community Consultant
Leave a quick message



Joined: 16 Oct 2007
Posts: 582


24.31 Dollars($)

PostPosted: Sat Jan 05, 2008 1:13 am   Post subject:   

No, esurance is the car insurance for the car that hit me. I have Cincinnati Insurance.



Esurance has not contacted me or my adjustor and we have left numerous messages.

Katladd
New member
Leave a quick message



Joined: 03 Jan 2008
Posts: 2


2.37 Dollars($)

PostPosted: Sat Jan 05, 2008 4:47 am   Post subject:   

Esurance seems to not be living up to its claims in its commercials. Other than being cheap.

avengerki
Member
Leave a quick message



Joined: 01 Jan 2008
Posts: 86

Location: Oregon
1.40 Dollars($)

PostPosted: Sat Jan 05, 2008 7:36 am   Post subject:   

Now, now, Lori... we work as fast as we can. We'll get out asap to inspect the OP's car. Laughing



Based on _your_ description OP, the other party is at fault. Entering an intersection under a yellow light is perfectly legal. If the other part sticks to their story about their light being yellow, they will be at fault as they have a duty to yield the right of way. But there is a possibility that their story might change slightly to it being a red light. But with the witnesses statements I don't think you will have any problem.



To be honest, you do want to file the claim with Cincinnati. They use NADA retail value to pay on a total loss. I'm betting Esurance uses CCC, which will be _much_ lower. If you file the claim under your policy, you will get paid less your deductible but Cincinnati will attempt recovery from Esurance so in the end, it's all the same (except that Esurance will want to pay less then NADA retail but that is fine... you only need to be concerned about what you will get paid).



Your lawyer friend says running a yellow light is illegal? He also says if your both running a yellow light neither would be at fault? Let me guess... he/she is an immigration attorney. Razz Just kidding (a little)... but that could not be more wrong. KY is a pure comparative state, which means the amount you can collect from the other party is reduced by the amount you contribute to the accident. If your 1% at fault, you can collect 99% of your loss from the other party. If your 95% at fault, you can collect 5% of your loss from the other party. Two people can't be at fault and have no money change hands.



If you file under your policy and then Esurance comes along and accepts liability, ask them if they would be willing to send you your deductible amount up front and then wait on your carriers subrogation documentation.



(Just a note: it would better to refer to the person handling your claim as an "adjuster" and then person who sold you the policy as your "agent" Smile )

tcope
Forum Expert
Leave a quick message

tcope
Forum Expert

Joined: 22 Nov 2006
Posts: 6175

Location: Salt Lake City, UT
375.37 Dollars($)

PostPosted: Sat Jan 05, 2008 9:53 am   Post subject:   

Quote:
Now, now, Lori... we work as fast as we can. We'll get out asap to inspect the OP's car.
LaughingLaughing Come on dude over a week!? get out from behind the desk, I promise you won't get 'too' dirty, and kick rocks for pete's sake! WinkLaughing



Quote:
The agent I am referring to is actually an adjuster with my insurance company. Sorry about the confusion I didn't know the difference (but I am learning).
Good that was kind of worrying, and ticking me off (if it was the agent)...a lot of people make this mistake...tcope is right,
Quote:
(Just a note: it would better to refer to the person handling your claim as an "adjuster" and then person who sold you the policy as your "agent" )
saves confusion...thanks....



tcope and I also agree on the accident...as I stated as well...vast majority of this loss will (should be) against the other vehicle....However you are far and away better off going thru your own carrier....If you want to give me all the info (make, model, year, options, mileage any prior unrepaired damage etc) re: your vehicle I can run a value on it for you that should be pretty close to what your adjuster comes up with....also if you have a lein, you will need to get that info ready for the adjuster also if you have GAP insurance (your lein holder will likely know this)...get a claim started with them too (if you think this vehicle is totaled)....



Anything else we can assist with please don't hesitate to ask! We are all glad to help....


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Sat Jan 05, 2008 5:54 pm   Post subject:   

Quote:
However you are far and away better off going thru your own carrier....If you want to give me all the info (make, model, year, options, mileage any prior unrepaired damage etc) re: your vehicle I can run a value on it for you that should be pretty close to what your adjuster comes up with
Can get exact... just use NADA.com and run it using retail value. That is what Cincinnati uses. I can almost guarente that Esurance's amount would be less (not incorrect... just less).
tcope
Forum Expert
Leave a quick message

tcope
Forum Expert

Joined: 22 Nov 2006
Posts: 6175

Location: Salt Lake City, UT
375.37 Dollars($)

Quick Reply
Your Name
Subject
Message body
All times are GMT
Page 1 of 1


Get a Quote
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

    Connection Error: Connection refused