Driving history and its effects on fault in an accident

by bmfpoker » Fri Nov 27, 2009 08:15 pm

I was recently in an accident. I was traveling South bound on a two lane road (speed limit posted 55) at approx. 45-50 mph on a mildly wet road (not raining at the time). A minor was driving northbound and turned left on to a side street in front of me, as I continued traveling south he proceeded to quickly u-turn and without stopping (there is a stop sign on the side street, but no control on the road I was on) pull out in front of me in which I think he was planning to continue north. I had nowhere to go and tried to maneuver into the oncoming lane to get around him but had no chance and I skidded into the front left fender of his pick-up. No injuries in the wreck and after I called 911 they said they weren't going to send out any emergency vehicles. I immediately called my insurance company to get a claim started as I knew it'd be awhile for them to get a tow truck out to my car which had significant damage to the front. The kid was with two friends and he was panicking and apologizing for the wreck. He later called his sister and after talking with her immediately began to claim that I'd been speeding, which I wasn't. His sister later arrived and TOLD me that this would be a no-fault accident and she knows this because she used to work for an insurance company, blah.. blah.. blah. I laughed it off and said I'll let the insurance handle it. My insurance company said a police report would not be needed, so I went ahead and filed a claim and exchanged info with the other party. His insurance contacted me first for a recorded statement which I complied with. I later did the same with my insurance company. The other party only gave a statement to their company and because he is a minor refused to give a statement to mine. My company has found him at fault, but they say his company is looking into possible speeding on my part.

So now my question (finally!)... if I have a speeding ticket and at-fault accident on my record, will this play into any decisions?

And do you think this should be a pretty easy case to determine fault?

Thank you for your time and advice!

Total Comments: 5

Posted: Sat Nov 28, 2009 01:24 am Post Subject:

So now my question (finally!)... if I have a speeding ticket and at-fault accident on my record, will this play into any decisions?

Nope.... has nothing to do with this accident.

And do you think this should be a pretty easy case to determine fault?

Can't tell from your description. I can say that people claim the other party was speeding all of he time. Unless there is something to support it, it's almost never considered.

Posted: Sat Nov 28, 2009 12:18 pm Post Subject: accident

I'm surprised, when you called 911, they didn't send anyone out to the scene. ..that's really crazy!! Were there any '3rd party' witnesses?..just curious. I'm glad no one was hurt.

Posted: Sat Nov 28, 2009 01:53 pm Post Subject:

I'm surprised, when you called 911, they didn't send anyone out to the scene. ..that's really crazy!!



Not really. If there are no injuries and/ or vehicles are not disabled, dispatchers only inform the parties to exchange information.

Posted: Sat Nov 28, 2009 06:49 pm Post Subject:

No 3rd party witnesses, although the kid had two friends in the truck with him. They all seemed to think it was his fault as well.

Both vehicles were disabled with his truck being partially in the road, thought the 911 dispatcher didn't ask about disabled vehicles. My airbag had deployed, so I wasn't driving away for sure.

Posted: Sat Nov 28, 2009 11:17 pm Post Subject:

It just depends on the circumstances or if there is an officer readibly availible in the area. I have worked many on scene accidents were 911 was contacted and police didn't respond.

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