by Guest » Wed Oct 24, 2012 01:02 pm
I was involved in an accident last night and I'm not sure what the likely outcome is. I wonder if the community can shed some light on a few questions.
I was in the left hand lane when traffic in front of me came to a stop, so I slowed to a near-stop and checked my right side view mirror, saw no vehicle in the other lane, and changed into the right lane (curb lane). My wife also states that she saw the lane was clear. Several seconds later I was struck in the rear right corner at high speed by another vehicle. My vehicle was spun 270 degrees and collided with another vehicle which was stopped in the opposing lane. The vehicle that struck me rolled once and came to a stop on its wheels.
I had my wife and two kids (a nine week old and two year old) in the vehicle and thankfully no one was seriously injured, although my wife has some neck and back pain. Wife and kids were evaluated at the ED and discharged. No evidence of spinal injury to my wife on x-ray.
The other driver was not seriously injured and I'm not sure if he was transported to the hospital or not.
The other driver is stating that I "cut him off" and he was unable to stop. I am sure this was not the case, but with his statement I wonder who will be deemed at fault. I live in New York state and am insured by Geico.
There is a witness who states she saw me change lanes and that the other driver was "flying." She was interviewed by the reporting deputy, but the deputy was very circumspect and said "I can't estimate speeds, all I can do is write down everyone's version of events." He seemed as if he was unsure of who was at fault, which I imagine may be difficult in a case like this. He did not issue me a ticket but I don't believe he ticketed the other driver either.
My position is that I was well established in the lane by the time of the collision and that he made no attempt to stop. I did not hear any screeching tires or a horn, we were just suddenly hit very hard. The impact was obviously at high speed due to how far both vehicles traveled. I suspect that he may have been distracted by something (phone, radio, etc) and didn't see that I had moved into his lane until it was too late.
My questions are:
1) How likely is it that this will be deemed something other than 100% the other driver's fault? I am a paramedic and my ability to work could be seriously affected if I am deemed at fault to any degree.
2) Aside from the above, are there any other details that I should provide to my insurance company that will help my case? I reported the claim last night and used Geico's towing, but the rep didn't take my description of the accident at that time as I was still at the scene and dealing with my family, etc. She said she would call back today.
3) I have rental coverage on my policy. How long am I entitled to a rental if my vehicle is deemed a total loss? The damage is extensive and I believe the car will be totaled.
4) How does the total loss of a leased vehicle work? My lease paperwork is in the car so I don't have access to it right now, but I know I have gap insurance included on the agreement. Is there any possibility that I will come out of the situation with some cash to put toward a down payment on another vehicle?
Thanks for any insight.
Jim
I was in the left hand lane when traffic in front of me came to a stop, so I slowed to a near-stop and checked my right side view mirror, saw no vehicle in the other lane, and changed into the right lane (curb lane). My wife also states that she saw the lane was clear. Several seconds later I was struck in the rear right corner at high speed by another vehicle. My vehicle was spun 270 degrees and collided with another vehicle which was stopped in the opposing lane. The vehicle that struck me rolled once and came to a stop on its wheels.
I had my wife and two kids (a nine week old and two year old) in the vehicle and thankfully no one was seriously injured, although my wife has some neck and back pain. Wife and kids were evaluated at the ED and discharged. No evidence of spinal injury to my wife on x-ray.
The other driver was not seriously injured and I'm not sure if he was transported to the hospital or not.
The other driver is stating that I "cut him off" and he was unable to stop. I am sure this was not the case, but with his statement I wonder who will be deemed at fault. I live in New York state and am insured by Geico.
There is a witness who states she saw me change lanes and that the other driver was "flying." She was interviewed by the reporting deputy, but the deputy was very circumspect and said "I can't estimate speeds, all I can do is write down everyone's version of events." He seemed as if he was unsure of who was at fault, which I imagine may be difficult in a case like this. He did not issue me a ticket but I don't believe he ticketed the other driver either.
My position is that I was well established in the lane by the time of the collision and that he made no attempt to stop. I did not hear any screeching tires or a horn, we were just suddenly hit very hard. The impact was obviously at high speed due to how far both vehicles traveled. I suspect that he may have been distracted by something (phone, radio, etc) and didn't see that I had moved into his lane until it was too late.
My questions are:
1) How likely is it that this will be deemed something other than 100% the other driver's fault? I am a paramedic and my ability to work could be seriously affected if I am deemed at fault to any degree.
2) Aside from the above, are there any other details that I should provide to my insurance company that will help my case? I reported the claim last night and used Geico's towing, but the rep didn't take my description of the accident at that time as I was still at the scene and dealing with my family, etc. She said she would call back today.
3) I have rental coverage on my policy. How long am I entitled to a rental if my vehicle is deemed a total loss? The damage is extensive and I believe the car will be totaled.
4) How does the total loss of a leased vehicle work? My lease paperwork is in the car so I don't have access to it right now, but I know I have gap insurance included on the agreement. Is there any possibility that I will come out of the situation with some cash to put toward a down payment on another vehicle?
Thanks for any insight.
Jim
Posted: Wed Oct 24, 2012 02:30 pm Post Subject:
1) How likely is it that this will be deemed something other than 100% the other driver's fault?
By your own admission, and witness account, you made a lane change moments before the collision. Obviously, if you had not made the lane change, the collision most probably would not have occurred. On that basis, you are somewhat "at fault." To answer your question, it is highly likely that you are at fault to a limited extent.
Given the conditions, if the other vehicle's estimated speed was excessive, that also weighs in the other party's "favor". It might come down to 75% him and 25% you. It could just as easily be determined by a jury to be 100% him and 0% you. 100% you (or even as much as 50% you) is highly unlikely.
are there any other details that I should provide to my insurance company that will help my case?
The only details that will help your case are the truth. Don't try to embellish anything. The facts are the facts, and if you don't think the conclusions of the insurance companies are accurate, you don't have to accept their judgment, and may instead sue the other party for 100% of your damages and let a judge and/or jury make a determination based on everyone's "details" and testimony.
How long am I entitled to a rental if my vehicle is deemed a total loss?
Typically, rental car coverage (at whatever daily rate you have selected) is for a maximum of 30 days (or up to three days following a settlement offer in the event of a total loss, whether you agree with the offer or not, as long as it is a "reasonable" one).
How does the total loss of a leased vehicle work?
Here's where you will find the value of your GAP ("Guaranteed Auto Protection") coverage, and be thankful that you have it. Your leased vehicle will certainly have a payoff higher than the total loss valuation (mostly due to the artificially high resale value associated with your low lease payments). The GAP coverage should make up all (or the majority) of the difference between what someone's insurance company will pay (yours or the other party's).
The problem will arise as to the loss valuation of the vehicle, and any offset for "comparative negligence". You could still be stuck having to come up with cash to close out the balance of the lease. I can't tell you what the terms of your GAP coverage are, but "Lease GAP" is usually more beneficial, and is probably what you have.
The real problem is if the loss valuation is unreasonably low, which might prompt you to want to sue the other party. Your GAP coverage will still apply to any shortfall in a civil judgment -- but, assuming the value of the vehicle (and injury claims) is well beyond the small claims limit in your state, your lawsuit will take a year or more to get to court and be adjudicated -- who knows, it could take three to five years with legal maneuvering. That means you'll have to come up with your own cash NOW to pay off the lease (unless you can get some sort of forbearance from the lender, which is highly unlikely), which will leave you cash poor when it comes to replacing your transportation.
So you're stuck in that proverbial space between the rock and the hard place. You may be forced to (temporarily) accept a lowball loss valuation from your own insurer, take whatever hit your GAP insurance won't cover, and then sue the other party for the balance of your loss, including your medical expenses (which, if paid for by your health insurance, are fully recoverable by the health insurer), lost wages, pain and suffering, and emotional distress. And, of course, you also get [name of sexual act withheld] by the attorney who will take 30% - 40% of your judgment, which could, once again after everything is said and done, leave you with less in your pocket than the attorney will have.
When you hear discussions of "tort reform" from this point on, you will be very interested in them.
This last part is going to be messy. It might also cure you of the desire to lease a vehicle in the future (unless you can expense it as a business owner/self-employed person).
Posted: Wed Oct 24, 2012 09:52 pm Post Subject:
Thanks for your insight Max, that was a lot of help. So far my insurance company is stating the other party is 100% at fault, so we'll see what happens.
Posted: Wed Oct 24, 2012 11:12 pm Post Subject:
If you and your insurance company are willing to handle your claim under your own collision coverage -- leaving you to handle the deductible -- and they will offer you a fair settlement, you can leave the matter of determining fault to them (they will arbitrate the matter with the other insurance company behind the scenes) and they will subrogate the claim for as much as they can get.
This will get you into new transportation in a matter of days, not weeks or months.
You will still be entitled to pursue a claim for your economic and general damages (including your collision deductible) from the other party -- through their insurance company or in court.
Posted: Fri Oct 26, 2012 12:30 am Post Subject:
I did go ahead and make the claim under my own insurance and am in a rental at this point. No word from the adjusters yet. Thanks again for your help.
Posted: Fri Oct 26, 2012 12:58 am Post Subject:
No word from the adjusters yet
You have to give them at least a couple of days to get to your claim. It's not the only one they have.
But when you're dealing with your own insurance company, don't expect them to become adversarial. They are in business to make money. As long as you pay your premiums in the future, they will make money. But if they give you a bunch of grief, you're going to take your money elsewhere and tell others about it, too. And then they won't make money.
Be considerate toward them, and you will be rewarded with the same. I personally have my auto insurance with GEICO (no one else comes close in premiums for the same high limits coverage I carry) and my wife's car was hit by a truck tire that came apart on the freeway. $1500 damage, and they wrote a check on the spot-minus the deductible . . . four days after I filed the claim online on a Saturday afternoon. Nothing for you to worry about.
And when we had the vehicle repaired a few weeks later (when it was convenient for the very busy GEICO-preferred body shop) some minor additional damage was found, and there was no problem at all. Done deal.
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