Posted: Tue Feb 19, 2008 4:01 am Post subject: auto accident, rear ended
HI! I am from Iowa. On January 23rd of this year I was rear ended. I had just picked up my husband from work and was waiting at the stop lights. It was an intersection where you are able to turn right on red. However I am sure my light had just turned green. I looked both ways before pulling out into the intersection and saw nothing coming. After I cleared the intersection and was down the road a ways we were rearended. His van pushed us for a little while. I tried to get out of his way in to the median and then he t-boned us on the drivers side. My insurance company and every one else I have talked to said this was not my fault. However because a proper police report was not filled out his insurance is saying it was my fault. that I pulled out in front of him and refuse to pay anything. Is there anything legally I can do? If so who do I report his insurance company to. Because the other driver clearly hit me.
Sincerely,
Varb _________________ Register Now to have your Insurance queries solved.
Posted: Tue Feb 19, 2008 4:50 am Post subject: wondering..
my friend, have you not taken any of the pictures of the accident sight, I have reasons to think that now-a-days people do maintain the safety measures as well as a camera too!
Is it that he hit your car so hard & it didn't suffer even a scratch! Its wonderful to believe such an outcome, my dear _________________ Register Now to have your Insurance queries solved.
The rule of thumb says that when you're rear ended the driver, who has rear-ended you is at-fault. Therefore, your insurance company is right in that way. You may wish to consult your insurer with the situation in hand, they may be able to safeguard your interest and can also help you in deciding the course of action. Was that intersection an accident prone one? The police may have a monitor fit to record the movement of the vehicles. That evidence may help you in establishing your claim. Thanks, _________________ Register Now to have your Insurance queries solved.
A lot of insurance companies will try and claim no fault by their driver. They would like for you to leave this matter alone and forget about it. They probably are hoping that you will get upset and not try and pursue this matter. If you have full coverage, you can file a claim on your insurance policy and they will pursue the accident. If not, go up to your courthouse and follow their procedure in opening a court case. Take the driver to court. There will be a small fee and some steps you must follow to start the court process. However, it is not that hard and should be well worth it in your case. I would get photos of damage, the accident scene and any witnesses you can find. In most cases, the driver who was in the back or rear end will be at fault. It is hard for a driver in the back to prove no fault.
Whoa, I can tell right now that you either did not explain what happen very well or you left a _lot_ out of your post!
You mentioned that you can turn right on red but then state that you were sure your light was green. Why did you mention that you can turn on red... I'm betting someone else brought this up. You state that you were on the road awhile after making your turn and were rear ended. Where did this other vehicle some from? The light behind you would have been red. Or... is someone else stating that you made a right turn under a red light and make the turn right in front of the other vehicle? I'm not say that is what happen... I'm only asking what the other carriers version of the accident was. No one gets a claim denied because a police report is not filled out... it, in itself, does not determine liability. Is it possible that the police report states that you turn right in front of the other vehicle, that your light was red, and this is why you state it was incorrect?
You also mention that after being rear ended you tried to get out of the way and into the median when you were t-boned. I'm not clear on how this happened. Are you saying after you were rear ended, you recovered right away, tried to move into the median and his vehicle, still going faster then yours t-boned your car?
A "proper" police report was not filled out? What was filled out?
Pretty confusing. Can you clarify why the police report was not proper? Sounds like one was filled out, but I can't fathom what could be incorrect with it. Sounds like a possible cop out by the insurance agency not wanting to pay your claim.
As mentioned, consult your insurance company for the proper action to take. They may be more than willing to lend a helping hand. Sorry for your misfortune and I hope this works out!!
Posted: Wed Feb 20, 2008 6:25 am Post subject: about rearend accident
Thank you to all who responded. Yes I went through all the normal proceedures. We exchanged insurance information and both insurance company says neither the other driver or myself is at fault. So we both have nothing on our records claiming fault. Yes there was pictures taken and significate dammage was done to our car. I may have been a little fuzzy or confussed on how I explained all of this, but this is the first time this has ever happened to me.
I appreciate all of your input. I however do not wish to recieve any other responces.
Thank you,
Barb _________________ Register Now to have your Insurance queries solved.
Confused?...... you have to read between the lines as it appears that some have. Stopped at red light.... allowed to turn right on red.... I believe light was green.....LOOKED BOTH WAYS BEFORE TURING.... Sounds like looking before turning on a red light.
OP turns right on red.... other vehicle hits rear end, most likely not square... OP speeds up and spins out... other vehicle continues and hits side of car...
Improper Police Report.... Translation.... OP gave their version, other driver gave their different version... police put their hands in the air and issued no tickets as there were no witnesses and no evidence of what happened. Poof! Improper police report? HUH! Both carriers are sticking to their insured's version. Other option is no police report was filed, where carriers are going to stick to their insured's versions if they make sense.
Although rear end accidents are normally the rear vehicle's fault, there are a few occasions where this is not the case.... this could be one of them.
As far as what to do? If you have coverage let your carrier fix the damage and let them fight it out with his carrier. If you don't have coverage go to small claims court and roll the dice. _________________ Register Now to have your Insurance queries solved.
Posted: Sat Oct 11, 2008 5:35 pm Post subject: Accident at the Left turn light
Today I had stopped at the red light behind the pick-up truck waiting to go left at the Y fork.
Within few seconds i saw the truck backing up and ramped into my front popping my hood up and scratches to my front bumper.
I waited at the accident spot and called the Police while the other party insisted on pulling it on the side.
Then upon receiving instructions from the control room, i too pulled on the side behind that truck.
The truck guy asked apology and also mentioned that it was very unfortunate this could happen and he has no clue how it happened really.
It sounded he did accept his fault at that instance.
However the story he made up in front of the officer was different.
The officer spoke to both of us separately. The cop informed that i should have been more cautious at the back leaving atleast 6 feet of distance so as to see the tires of the front car.
I told officer that he did mention before that it was his fault. The Police report has not been received yet.
The other guys were coming from Vermont (atleast 4-5 hrs drive ) and they looked tired and sleepy too. I did mention this to the cop and that i have a clean 5 yr driving history.
Lets see what the report has to say.
Would you guys have any suggestion for me until then? Thank you for your time in reading this long story. _________________ Register Now to have your Insurance queries solved.
