Car Accident...need input! Long, sorry!

[kbarro1]

Oh...I just typed this whole thing and it erased! Ahhh....

I will try again. I was involved in a car accident last Friday afternoon and am in need of some input from you guys.

This is how the accident happened...
I was traveling west on a busy road (2 lanes west, central turn lane, 2 lanes east) and approaced an intersection on that road that has lights at all directions. As I approached the intersection I had a green light and so I proceeded through the intersection when a car making a left turn from the east direction made its turn directly in front of me and I collided with her front passenger side. Noone was seriously hurt and we made our statements with the policeman and went home.

Since it was on a Friday afternoon and I have never dealt with this before, I waited until Monday morning to call my insurance agent to see what the next steps were. She said that I should file it under the othere ladies insurance since I described it as above and that way I would not have to pay my deductible. So, I called and made the claim with her insurance and was given an adjustors name. Mind you, at this point, she had not called my insurance or her insurance...she had done nothing. So, her insurance calls her and she says that she was turning left with a green arrow and that I was at fault!!!

!!!!!!!!!!!! So, she lied to them and made it in her favor! So, her insurance company tells me that they need the police report and so I go downtown to get it and send it to them.

On the police report it has the policeman's opinion of what happened and he states that she is the primary contributor to the accident and that she failed to yield right-of-way to me. YAY! Right? WRONG! Her written statement at the time of the accident says that she had a green arrow and mine of course says I had a green light. So, we have conflicting stories there too. Now her insurance agency is telling me that they have to investigate it further and call the policeman and see how he came up with this and how he faulted the blame to her. AGHHHHHHHHHHHH! On top of that, she has been treated at the hospital 4 days after the accident and the adjustor says she is too drugged up to make a statement at this point.

I always knew people like her existed in this world, but always tried to keep an open mind. But, now that I am in contact with her and she is lying in order to benefit herself I am in SHOCK that people like this are out there. THere is no doubt in my mind that my light was green! How many people just run red lights at full speed?!?! Ugh.

So, I guess I just needed to vent but would also like to know what you think about the insurance agency going against what the policeman stated was his opinion of the accident? Especially when there are conflicting stories...I thought that would be the tie breaker and was initally told that by the insurance agency. Thanks so much and sorry it is long.

 

[luckystar112]

Ugh, that stinks. Sounds like there isn''t much you can do besides wait for them to finish their "investigation". I would think that the policeman would have have the ultimate say in what went down, but insurance companies will look for any reason not to pay a claim. It''s ridiculous.

 

[lliang_chi]

UGH! I''m glad no one got hurt in the accident but I can''t help but feel bad for you! I had a similar accident happen to me. I was turning left and the other car ran the red light and we collided.

 

[Shoopy]

It''s not that they''re going against the policeman. She is their customer so they''re going to investigate everything before they place blame on their customer. Was a ticket issued?

The same thing happened to me. A woman made a right turn from the outside right lane (in FL you can make a right on the red but only from the inside lane) as I was making my left turn. We had the green light to turn. Hers was red. She got out of the car and said that I took the red light. I explained to her that her light was indeed red but our light coming off of the turnpike is green before they are allowed to go.

When her insurance contacted me, I just told them exactly what happened. I also offered a lot of my help to them. I took a picture of the intersection for them. I videotaped the traffic flow showing them that the turnpike drivers go before she is allowed to turn. It took about a month of them "investigating" before they faulted her and I was given a check.

I know it can be frustrating (believe me, every time I pass that intersection I curse her out under my breath lol) but just be patient. It was her fault and they will find her at fault.

 

[akmiss]

Date: 4/22/2009 12:32:06 PM
Author: fieryred33143
It''s not that they''re going against the policeman. She is their customer so they''re going to investigate everything before they place blame on their customer. Was a ticket issued?

The same thing happened to me. A woman made a right turn from the outside right lane (in FL you can make a right on the red but only from the inside lane) as I was making my left turn. We had the green light to turn. Hers was red. She got out of the car and said that I took the red light. I explained to her that her light was indeed red but our light coming off of the turnpike is green before they are allowed to go.

When her insurance contacted me, I just told them exactly what happened. I also offered a lot of my help to them. I took a picture of the intersection for them. I videotaped the traffic flow showing them that the turnpike drivers go before she is allowed to turn. It took about a month of them ''investigating'' before they faulted her and I was given a check.

I know it can be frustrating (believe me, every time I pass that intersection I curse her out under my breath lol) but just be patient. It was her fault and they will find her at fault.

Exactly, the police office should have issued a ticket one one or both of the parties. I know they are required to in my state.
Sorry to hear that this happened and were there any witnesses? Good Luck and I am sure everything will be resolved rather quickly.

 

[kbarro1]

Thanks to you all for your input! No ticket was issued to either party, but if you look at the police report, it clearly says that she was the main one at fault and I was told by her insurance company initially that there is one box on the report that they use to place fault and her name was in that box. Now, they are saying this and I am just worried that it will come to be that I have to pay out of pocket for this and I don''t want to....It was not my fault in any way, shape or form. Also, I don''t want to be badgered by the adjustor... In my statement to him, he asked me a series of questions and one of them was "What did you do to avoid the accident?" Seriously?!?! I am sure he asks that to everyone, but the answer in this case is nothing! She turned so quickly that I couldn''t avoid it and would have A) either hit another stopped car or B) gone into oncoming traffic. I don''t think either of those two options would have been any better and then she wouuld have probably just driven away without staying to state her part and I would be stuck at fault an paying!

Thanks again for your input. It is appreciated as I was interested to hear how you guys thought this should be decided.

 

[AmberGretchen]

There really isn''t a whole lot you can do at this point, unfortunately. It totally sucks, and I feel your pain - I was in an accident caused by a driver who didn''t have a driver''s license and was CLEARLY at fault (witnesses, others in the accident, and police report all agreed), and yet there really wasn''t anything I could do while they figured it out, and because it happened in a "no fault" state, I still kind of ended up screwed.

I will keep my fingers crossed and send PS dust and good thoughts your way that this works out for you - it sounds like you are clearly not at fault, it may just take the insurance companies a little while to figure it out.

 

[Diamond*Dana]

First off, I am sorry that you are dealing with this...I am sure that it is frustrating for you, KNOWING that the other driver is at fault

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Thankfully there were no serious injuries

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I hope that the this all works out for you.

 

[Italiahaircolor]

Well, clearly this is a horrible situation...and I''m sorry you''re stuck square in the middle of it.

Insurance agencies never want to pay...esspecially not for two cars. Of course if there is a conflicting statement made they are going to want to find the weak spot of the story to avoid being held responsible for front and side impact damage on two cars!

If I were you, and knew I was right and innocent, then I would let it work itself out because the Officer will report correctly to the agent and things will start happening, eventually. I know it''s probably a huge inconvience and setting back any plans you have to have your car repaired...but, the truth is, you cannot make anyone work faster--so why stress out even more over it? Be thankful no one was severly injured and that it was only things that got banged up.

Please let us know how it works out!

 

[kbarro1]

You guys are like a breath of fresh air! It is always so nice to have the support you guys give to everyone on here! THANKS!!

I will just take a deep breath and let it all work itself out. I think it is true that they are looking for the weak spot in the story by going after the conflicting statement and not by the police report. The adjustor told me that he needs to talk to the officer and get his side of the story, too, but I can''t imagine that the officer will say anything different than what he wrote. He wrote it for a reason and it says clear as day that she was at fault. I will keep you guys updated! Thanks again for being such a great shoulder to cry on!

 

[Sabine]

Oh that stinks! I was in almost the exact same situation, only we both stopped before we had an actual collision. However, the girl driving claimed that we DID hit when we didn''t really and was blaming me for damage to her car when there was no way it had been caused by me. She was screaming, so I called the police. They determined that we did not in fact hit, but the policeman basically warned me that if I was EVER in that situation again where I was claiming I had a green light, but someone else was claiming they still had a green turn arrow, the first thing I should do is stop people to get a witness. He said that if we had hit, there would have been no way to determine who really had the green light and it would have been her word against mine, and insurance would have faulted us both!

 

[bee*]

I used to work for a car insurance company and they will definitely do anything not to pay out. Just try and hang in there and they will find out that she was in the wrong.

 

[strmrdr]

if you have full coverage turn it back to your insurance, it is their job to collect.
If you just have liability then you will have to play the game yourself.

 

[AmberGretchen]

Date: 4/22/2009 3:36:27 PM
Author: kbarro1

You guys are like a breath of fresh air! It is always so nice to have the support you guys give to everyone on here! THANKS!!

I will just take a deep breath and let it all work itself out. I think it is true that they are looking for the weak spot in the story by going after the conflicting statement and not by the police report. The adjustor told me that he needs to talk to the officer and get his side of the story, too, but I can''t imagine that the officer will say anything different than what he wrote. He wrote it for a reason and it says clear as day that she was at fault. I will keep you guys updated! Thanks again for being such a great shoulder to cry on!

Glad you are feeling better about things! I''ll keep fingers crossed for a speedy resolution

 

[kbarro1]

Okay, so here is the latest update....

The adjustor from her insurance company called me this a.m. and left a voicemail saying that she is adament that she had a green arrow and that since she says that they are not liable for paying my claim and will terminate my rental car tomorrow.

I am amazed that they are just allowed to disregard the police report that clearly states that she failed to yield right of way and just say they wont pay...

I have now contacted my insurance company and am moving forward in fighting it, but am so frustrated and amazed that people like this exist in this world.

Have anyone ever been in a situation like this where they won in the end???

 

[D&T]

oh so sorry about your accident.. I know what you mean about people like her that exists. DH had an accident last year come turn left from our home onto a busier street, so he usually decide to turn into the middle lane to wait for the cars to pass, anyhow the other car turns into the middle lane thinking he would turn at the street before DH pulls out.. well,, the other guy decided he didn''t want to take the left. and just kept driving in the middle land where hubby pulled into... whack.. dented his side in (back passenger- not his door),, anyhow,,we knew it was DH''s fault,, but the guy claimed he was so hurt, and reopend the case to get medical paid for--lots of medical... luckily we had enough to cover... (even though he decided to leave the scene right after the accident).... but I hope you are ok...

 

[choro72]

Your insurance company should be dealing with this, not you. They shouldn''t be contacting you directly anyway, so don''t tell them anything. And just to let you know, this woman might come back at you later. I had a guy that sued me for injuries from a car accident that happened TWO YEARS ago.

 

[D&T]

Date: 4/23/2009 5:53:00 PM
Author: choro72
Your insurance company should be dealing with this, not you. They shouldn''t be contacting you directly anyway, so don''t tell them anything. And just to let you know, this woman might come back at you later. I had a guy that sued me for injuries from a car accident that happened TWO YEARS ago.

agreed... don''t talk to them directly... don''t give her any ammunition

 

[kbarro1]

Date: 4/23/2009 5:58:35 PM
Author: D&T

Date: 4/23/2009 5:53:00 PM
Author: choro72
Your insurance company should be dealing with this, not you. They shouldn''t be contacting you directly anyway, so don''t tell them anything. And just to let you know, this woman might come back at you later. I had a guy that sued me for injuries from a car accident that happened TWO YEARS ago.

agreed... don''t talk to them directly... don''t give her any ammunition

I did make a statement to them b/c they were acting like they were going to pay and said that they needed to have an official statement from me and so I answered some questions. Nothing that I wouldn''t have said to anyone else and certainly nothing but the truth. Maybe I shouldnt have even done that.... I have not spoken to them again and am now going to let my insurance company fight for me since I am not a good negotiator anyway...

 

[rainwood]

Your insurance company should be the one going to bat for you (and themselves).

And I did have a success story one time when I didn''t think I would. A guy rear-ended my car (in an appropriately named Dodge Ram pickup) when I was stopped at a green light so a Medic One vehicle with lights and sirens could go through the intersection. The truck apparently belonged to the kid''s uncle, but had been recently purchased or sold (I can''t remember which) and the insurance company (Liberty Mutual) was adamant that the truck was no longer insured by the insurance policy identified on the card the kid provided after the accident. So any insurance would have to be through my uninsured driver coverage. My insurance company paid for the damage and medical, but our state has a procedure where you can file a notice that there was an uninsured claim against a specific vehicle which my insurer did. Eight months later when the truck owner found out he couldn''t renew his license tabs because of the unpaid claim, Liberty Mutual called and said that they''d somehow managed to discover there was insurance coverage after all and reimbursed my insurer. So justice ultimately prevailed.