by Guest » Tue Jul 14, 2009 08:18 pm
Help!!!! I was T-boned going south at a 4 way stop and another driver was to my left and heading west. I have read car farthest right has the right of way. His insurance is blaiming me and wants my insurance to pay damages to his vehicle and also pay mine!!!! I did not receive any citation and there was a police accident report at the scene. I think they are trying to get out of paying for his totaling my car!!!!
The other driver told his insurance I was 30 feet from the stop when he took off but mathematically his story doesn't make sense!!!! I came to a full stop, looked and his truck was not quite at intersection, I took off was half way through the intersection when he T-Boned into the driver side of my car. I have read even if we were at stop sign at same time the car farthest right has the right of way. My vehicle was farthest right and he ran into me so I think his insurance should pay damages!!!!! What should I do?
The other driver told his insurance I was 30 feet from the stop when he took off but mathematically his story doesn't make sense!!!! I came to a full stop, looked and his truck was not quite at intersection, I took off was half way through the intersection when he T-Boned into the driver side of my car. I have read even if we were at stop sign at same time the car farthest right has the right of way. My vehicle was farthest right and he ran into me so I think his insurance should pay damages!!!!! What should I do?
Posted: Sat Jul 18, 2009 08:51 am Post Subject:
Tcope, what our OP can do if the other driver's insurer stick to their version of the accident? Does she have to sue the reponsible driver to collect her losses?
Pam, I guess you need to inform your insurer immediately. In case you get sued by the other driver, your insurance company would provide you with legal assistance.
Posted: Sun Oct 11, 2009 12:10 pm Post Subject: accident
I parked my truck parrell to the bldg. after I made a del i came out ck my back door to see if it was lock. I saw a car getting ready to enter entrance of bldg parking lot. She entered and went left on a phn. I got in my truck and checked my mirrows and proceeded to back up 6 ft to entrance to make turn r turn to leave. Suddenly bam. The car that went left decided to stop and backup in my blind side. I tapped it with my truck. very little dmg if any. a bumper scratch. After calling husband on phn she made seen and demanded to go to hospital. If she had kept going she there would be no accident. noscratches on my 16' box truck. She told the police that she was going left stopped backed up stop and I hit her. Witness in bldg only saw me hit her while her vehicle was stopped. Funny part is that She called my ins co already to claim. After reviewing my policy I was told that it expired and that I was not ensured by them. 1 mth later her attorney is writing letter needing my insurance info who I work for and who i live with. Im in Fl. I was an independent driver for a local courier co. I have no money, need help, need to know what actions to take. Scared
Posted: Sun Oct 11, 2009 12:40 pm Post Subject:
Oh Bart, honey you got trouble boy for sure. If there is no insurance on your truck. Your best bet is to get an attorney for yourself, (eventually-maybe). If the lady you hit has UM (uninsured motorist). Then she will need to file this with her own carrier. They will settle with her, then come after you for re-payment.
If what you have posted is correct. It sounds like she (or her husband) saw what they thought was a deep pocket, (delivery company). And then after running to the hospital ran to an attorney. Boy are they in for a shock huh? :lol: :wink:
It looks to me like Forida is a PIP state,
REQUIRED COVERAGE IN FLORIDA
If their PIP laws are like most other states, then the injured party's injuries have to eclipse the predetermined threshold for them to even go after the 'at fault' party.In Florida, you must carry:
>> A minimum of $10,000 of personal injury
protection (PIP).
>> $10,000 of property damage liability.
Florida’s Financial Responsibility law requires drivers
convicted of certain traffic violations, or who are
involved in an accident but cannot pay for damages,
or who are uninsured, to carry even more.
Per sonal Injur y Pro tec tion
PIP covers you in an accident, regardless of fault.
The usual coverage amount is $10,000. PIP pays:
>> 80 percent of reasonable medical expenses.
>> 60 percent of lost wages.
>> All reasonable expenses for replacement
services such as child care or housework
>> Up to a $5,000 death benefit.
Proper ty da mage lia bili ty:
There is a former Flordia adjuster that posts regularly on this site, hopefully he will pop in on this thread, as he has much great knowledge of Florida's laws than I.
Gotta' ask you...why on earth were you driving a box truck without insurance? and do you have it now?
Posted: Mon Oct 12, 2009 03:02 pm Post Subject:
As far as PIP applies in this claim, the injured person needs to pierce the PIP threshold in order to file a BI claim against the at fault party. Problem is, in FL one threshold is "permanency" and an attorney can easily find a doctor to claim that there is some degree of permanency (one of the reason's why FL wanted to get rid of PIP).
OP, who owns the truck you were driving? If you were acting as an agent for a company that company would probably provide you some type of coverage... even if you are an independent contractor. So you may want to notify them of this accident (or the attorney probably will). If you don't have 2 cents to rub together, the attorney will probably drop his/her client unless his client has Uninsured Motorist coverage. If that is the case, the attorney will just go after that instead of you.
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