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Insurance Claim?

By admin on March 25, 2011

Ok I was traveling Eastbound on a one-two lane road(by one-two I mean there was enough room for me to get around the car stopped because of traffic to get into the right lane which is a turn lane for fast food places and about 100 yards down a turn lane for a major intersection. It is not marked as a only turn lane. The other driver is headed westbound turning south which is a left turn across traffic. She went between 2 cars in the left lane, but I was in the right traveling at approx. speed of 15. I struck her on her back of the sliding door on a van with the front of my bumper. The police did not take a report, but the officer told her no matter how much room is their she has to yield to me. I thought it was pretty cut and dry, but I got a call this morning from her insurance saying that they think it is my fault. What can I do and what do you think?

Posted in | Tagged , , , , , | 4 Responses

4 responses to “Insurance Claim?”

  1. oklatom
    oklatom
    March 25, 2011 at 8:05 pm |

    Of course cars turning have to yield for traffic and not pass until it’s safe, that’s the law. But the other insurance company will try to make it your fault if they can.

    Just let your insurance company handle it with the at fault person’s company. Just let your company know about the call and what they said.

    If they call back, refer them to your insurance company.

  2. Nate W
    Nate W
    March 25, 2011 at 8:27 pm |

    Call your insurance company and explain the situation to them, they’ll take care of it for you.

  3. Matt W
    Matt W
    March 25, 2011 at 8:48 pm |

    In almost every intersection accident, there can be at least some fault placed on both drivers because there is usually SOMETHING that either driver could have done differently to avoid the collision. The fact that you hit the van on the back side of the vehicle indicates that she had almost made the turn before you hit her. It doesn’t excuse her failure to yield the right of way, but it does show that a reasonably prudent person should have seen her making such a foolish move and would have taken action to avoid the collision. Had you been a little more cautious, this may not have happened.

    Having said that, it would seem on the surface that the van was more at fault than you are.

    Most states allow your damages to be reduced based on how liable for the accident you are. i.e if you are 20% at fault, you would get 80% of your damages paid.

    However, some states will not allow you to collect any damages at all if you are even 1% at fault. I hope this is not the case in your state….because if it is…..you’re likely screwed.

    If your sate has better laws, you can always threaten to sue their policyholder in small claims court. That may get them adjust their position. But be prepared to at least take a reduced damages amount due to your portion of the negligence.

  4. javeyote
    javeyote
    March 25, 2011 at 9:29 pm |

    I’m going to play the “Devil’s Advocate” here and say that you are at fault because you were passing on the right side (suicide) of the road, which by your own admission was not a marked turn lane.