Auto accident not my fault, how will this work out?

Question

I was in a wreak Monday. This guy failed to yield at his yield sign, then he illegally crossed 3 lanes of traffic to get to the side street across the main street. Here's a drawing of the accident. I'm driver #2 and he's driver #1 http://pic20.picturetrail.com/VOL1423/9734610/18133705/307742025.jpg

He was found at fault, and issued a citation for failed to yield right of way. I had to go to the hospital because I'm 34 weeks pregnant, and I started having cramps that turned into contractions. They stopped my labor, and sent me home yesterday.

I called his ins. and they said he was disputing fault. It's clearly his fault, so will I have any problems getting his ins. to pay for damages? I have full coverage, but I can't afford the deductible right now. So how will this work out?

Answer 1

First off, I hope all is well with you and your baby.

Secondly, thanks for the diagram. I wish more people would include them. It makes it a lot easier for us claim adjusters to give good answers.

I have handled many claims like this over the years, so I'll throw in my two cents on this one.

In most states each driver can be held partially responsible for an accident (except for a straight rear-ender). The legal concept is called "comparative negligence." (comp neg)

Under comp neg the fact that other driver will be found to be at-fault does not automatically mean they are 100% at-fault. It just means they are more than 50% at-fault.    

From looking at your diagram, we can assume that he failed to yield to your right-of-way (ROW).

You had the ROW, however that does not mean that he is 100% at-fault. I don't have the benefit of the police report or statements from the drivers, but I can see a small amount of comp neg on you. (5% to 15%) The reason is that the other driver crossed two lanes of traffic before the impact. If I was the adjuster for the other driver I could be argue that you had comp neg for "improper lookout." Most states have laws that state that the driver with the ROW has to still drive with care and caution and be prepared for somebody to violate their ROW. The ROW driver is supposed to keep a lookout for idiots. This is where the improper lookout can come in.

Now that I have probably made you mad, let me suggest the following in order to help get your car fixed ASAP.  Make  a claim to your own company under the collision coverage.  You're right about the deductible, but there is a way to deal with that. Let's say that you have a $500 deductible. The body shop will expect you to pay them that when you go pick up your car.

I suggest you ask the other drivers adjuster what they see the comp neg % at. Let's say they tell you they think you are 15% at-fault for the accident and they offer you 85%. Tell them that you are going to collect from your own collision coverage but that you want them to pay the 85% of your deductible "up front." That way you will get $425 from them, which leaves you only needing to come up with $75 instead of $500 when you go pick up your car.

There are some things to keep in mind BEFORE you attempt this kind of settlement.

1) talk to your own adjuster to see what they think the comp neg % is so you know that the % the other company offers is legit.

2) please keep in mind that the at-fault company does not have to pay your deductible "up front." I do it all the time just because it is easier and keeps people a little happier and they don't take up a ton of my time screaming at me on the phone.  

Good Luck

Answer 2

Unfortunately, you'l now have to put the claim thru your insurance co. and then let them "subrogate" against his company. They will then get their money back + your deductible, if he is found at fault.

Sounds like he is due to him getting a ticket.

Answer 3

First try turning it into his insurance company, since you called them and they know about the claim you should be able to turn it into his insurance under his med pay assuming that he carries this coverage.  Even though he is disputing the claim, the insurance company has to investigate, and a citation is pretty big evidence that he was at fault.  With med pay you don't have to prove liability so you should be able to collect from them.  If that does not cover all your med expenses turn it in under your own med pay.

Answer 4

You can request payment directly from his insurance but they have every reason to stall.  And you can't file a "claim" with another's insurer, only the insured party can.  Your best bet is to work through your insurer.  If the fault is as clearcut as you say, you should be able to recover your deductible.

Answer 5

You need to go through your carrier and have them subrogate. It is not as cut and dry as you would think. Most states have comparative negligence. What this means is that even though the other driver may have been majority at fault they may find that you had some liability. This is a very common practice. You did not tell us your speed, your evasive actions, location of damages, etc. All of this plus more plays into comparative negligence. Also just because he was cited by the police does not mean anything. The police did not witness the accident. Sorry. I am 36 weeks pregnant and feel your pain - I would not want to be going through this!!

Answer 6

I can not answer, I do not have related documents to verify your story, nor details of other driver. There is a lot to consider, and you may be surprised at the final results!

Answer 7

you need to submit this to YOUR company and let them handle it.  they will contact his company and deal with them.  your company will get a copy of the police report too.  if his company drags this out, your company will pay your claim and then go back to his company for repayment plus your deductible.  if he is found at fault (which it clearly seems to be) this will not go against your policy and rates should not be affected.