My car was hit by the truck behind on right rear after I merged from second lane to the third lane for several seconds and I applied brake because the front car braked suddenly. We called police. In the police report, it says, I made an unsafe merge and didn't leave enough space for the truck behind to stop. I dispute the police report on the accident cause. Can I still have chance to argue with the other party's insurance company and get my car repaired? Is the police report the only and final stuff that insurance company use to determine whose liability?
2006-06-13 13:13:12 · 16 answers · asked by age_of_stone 1 in Cars & Transportation ➔ Insurance & Registration
I do NOT get a ticket for the collision!
2006-06-13 13:22:48 · update #1
The police report is only one of the articles insurance companies use to assess responsibility to pay claims. But in most cases if such a report is unfavourable to you, you will in all likelyhood be assessed at least the majority of the fault.
2006-06-13 13:22:56 · answer #1 · answered by ½«gumwrapper 5 · 0⤊ 1⤋
I know what I am about to say is NOT good news. You are the responsible party here. You did not have enough space between you and the car ahead of you in order to merge into that lane. The general rule of thumb is 1 car length between you and the car in front of you for every 10 mph. So if you guys were doing 60, there should be 6 car lengths between you and the next car.
Now if you really want to pursue this, you can go and see a lawyer and if he takes the case on a contingency basis (meaning you pay him when you get paid). Then you should fight it, but if he asks for a retainer (meaning you pay up front) then he is bilking you and doesn't think you have a case to begin with.
The only thing I can see the lawyer manipulating is that the car behind you should have had those same car lengths between him and YOU....
2006-06-26 11:53:59 · answer #2 · answered by hazelbrwneyz 2 · 0⤊ 0⤋
Your insurance company can settle whatever cases they deem appropriate, it should say that in the policy; and it makes things a little easier because most people don't believe they are at fault.
Insurance company Liability specialists investigate cases independently of the police report, getting statements, examining the accident scene, talking to witesses. I handled all kinds of liability cases for twenty years and, even though you believe you are at fault, what you described tells me the accident is your fault.
Think of the interstate as a big party. You are standing at the door without an invitation and they can either let you in or not. If they let you in, you are good to go, but if they tell you no, by not allowing you in without a fight and you come in anyway, you are a party crasher and who knows what might happen.
Put another way, when a person is "in control" of a lane of travel, they have a right to expect that no one will interfere with that control. In merging you are placing yourself in the position of bogarting your way onto the highway, taking their control.
That's why a driver has to wait until it's safe to make a move. That includes anticipating what might happen if you crash that party.
.
2006-06-26 09:25:32 · answer #3 · answered by C R 3 · 0⤊ 0⤋
In your insurance contract is says you will let them settle the claims how they see fit. If you turned it into your insurance company you must let them handle it. You may want to speak to the adjuster and let them know your version. Typically to avoid a lawsuit, the insurance company will just pay it and there is nothing you can do. Yes it sucks but it doesn't sound like there is much you can do unless you want to take the other driver to court. In that case the police officer will be called to testify. Since they never remember a specific accident, they will have to go off their report which says you are at fault. I say give up, we all get screwed sometimes.
2006-06-19 17:48:50 · answer #4 · answered by jodi M 3 · 0⤊ 0⤋
Its your liability, no matter what. You will have to fight that in court, but under state's vehicle law (that does apply to all states), if there is a accident involving any numbers of cars, the driver and the other driver(s) are liable for the damage, regardless who is at fault. So, you'll probably be end up being handed a fine by the judge, or a probation, maybe even jail time, or a license suspension, depending on the severity of the accident. If you kill a driver during the accident, you are liable for the death of the driver and you get vehicular manslaughter, and that's a 5 years in jail (NYS's crime law and DMV law) plus 60 days license revoked, regardless who's liable it is.
2006-06-18 22:15:43 · answer #5 · answered by Zero Hunter 2 · 0⤊ 0⤋
You can argue. Here's why you don't want to: If you tell your insurance company that it wasn't your fault, they'll believe you. Why would they want to pay a claim if they don't have to. Then when they deny the guy's claim he'll sue you personally and use the police report in court to get a judgement against YOU. Now...if you weren't insured then go for it. Insurance companies are pretty cost concience so if that guy had full coverage they may just pay both of you to keep from paying the lawyer. I've seen it happen both ways.
2006-06-13 20:38:42 · answer #6 · answered by texaspicker0 3 · 0⤊ 0⤋
Take it to court and fight for your rights Get a lawyer!!!!! Insurance companies will pretend to be your pal,buddy friend and ask questions just to F*&% you. Don't talk to them!!!! I mean it the less you say the better your chances are. If you have already talked, than just chalk it up for a learning experience and don't say sh!t next time. Even to the police. Sorry but life is a bit^&. I wish that the police could help, but they usually can't, or don't.
Oh by the way the way when I say get a lawyer I mean get one that will be , what is it called (pro-***** (no not a porn star)LOL, bonno ( paid on winning the case).
2006-06-27 02:42:09 · answer #7 · answered by SKERRICROW 1 · 0⤊ 0⤋
was a ticket issued? If so, go to court and plead your case. If you win, then this will be a good advantage for you when you approach the insurance company. Other than that, your chances are slim to none. You can make a last ditch effort in going to a lawyer, the 1st consultation is free and he can recomend to you what way to go. A lawyer carries a heavier hand in a judges decision.
2006-06-13 20:19:26 · answer #8 · answered by mailbox1024 7 · 0⤊ 0⤋
No you are out of luck, because what you did was stupid. Why do you want to go infront of a truck and then step on the brakes.
An d yes you can get your car fixed without insurance....I hope you have enough money to do so!
2006-06-23 05:31:21 · answer #9 · answered by Diver4u2 1 · 0⤊ 0⤋
Police report is just one of the tools ins. co.'s are using in detemining percentage of fault. Do not dispute the police record because it would be a waste of your time, just make sure that the adjuster handling your claim is on the same page with you. If your adjuster feels you are responsible, even if it is just 51% at fault, you will end up being 100% at fault. In the same manner, if your ins feels it would be more costly to pay the damages you caused the other party than to fight it, they will just pay him off, in the mean time, it is your prem. that will go up. so make sure your adjuster understands and believes you. Goodluck!.
2006-06-25 20:06:57 · answer #10 · answered by Anonymous · 0⤊ 0⤋