Car Accident insurance fault?

Question

On saturday night, sept.9, around 10pm, I was driving southbound on dranesville road,.

Anyway, we were turning left onto wiehle avenue from Dranesville, but the light was red so we stopped. (he was infront and i was in the car right behind him) Then, we got the green ball/green arrow to turn left so we started into the turn. He was about 20 feet away from me, but while I was into the turn, an oncoming suburban ran the redlight and hit me almost head on.

The guy that hit me is claiming that he had a green light. I know i had a green ball and green arrow and my friend infront of me also told the cop on the scene we had a green ball/green arrow. The police report just says that we are both saying we had green lights and it says there are *no witnesses* although my friend was right there in the car infront me. (he heard the accident but didnt see it because he was infront of me, under 20 feet away). This guy clearly ran the red light but is lying and saying it was green. Also, on the pol

I have liability coverage on my vehicle only. So if it is split 50/50, my insurance would not cover my vehicle.

Answer 1

As your friend did not see the accident, he did not witness it. The police seem to have this as a he said, she said situation. It could go 50/50 or both your co and his could deny liability as you each claim the other is at fault. Make the claim with the other drivers ins co and see what happens-- you may have to file a small claims suit to recover the damages to your vehicle.

Answer 2

Your friend is not a witness to the accident. Witnesses are only helpful if they see what happened. Your friend did not see it, or see the light. This is a very common dispute, and it may not work out very well for you being the left-turning vehicle unless your light color can be proven. Your insurance company should send someone out to the scene to check the light sequence. However, if there is a sequence there that allows for traffic in both directions to have a solid green ball at the same time, that may not help you at all. Only if the sequence gives your side a green ball and arrow, and his side a red will it really show who did what. Also, your friend can be considered a biased witness because you know each other. It doesn't matter though since your friend saw nothing.

What cowboy bill said above is true as well. I just think you should know your insurance company will not be able to do much for you other than pay for your damage if they don't have any evidence that can weigh heavily in your favor. If it's just your statement and no other independent proof, they won't probably be able to get any $ back for you.

Sounds to me like you will be denied for word vs word by this guy's insurance company. As far as going 50/50, that's just bad claims adjusting. The other company isn't going to offer you 50% or more if they don't have proof of negligence to that extent on their person. At least they shouldn't unless they just want to be nice (and when does that ever happen?). And this is NOT uninsured motorist. That coverage comes into play when the at fault person doesn't have insurance, not if they deny or won't pay your claim. And in order to get that, you have to be free of negligence or less than the other person. So forget UM coverage in this case too.

Ok, I've done everything to cover what I think you're dealing with and extinguish some not so accurate information that won't help you that was posted here. Good luck!

Answer 3

I worked for insurance as an adjuster about a year ago. From what I hear from your statements, if the police is going to say there were no witnesses, then your insurance company will take a recorded statement to get your side of the story. I believe the cops said no witnesses for possibly two reasons: 1) Your friend just HEARD the accident or 2) Your friend is your friend so it wasn't really a neutral witness if you get what I mean.

I'm not sure what state you are in, but each state is different with comparative fault. So worse comes to worse, you are 50% at fault. Best case scenario, your claim goes to arbitration and they rule in favor of you making the other person 100%. The other car is definitely negligent at least 50%. But I can probably tell you this, if this claim goes to insurance (which it should), it will probably take awhile to settle if what you are saying is true and you stick to your guns (which you should). If you still want to talk to me, shoot me an e-mail. I'll try to help you as much as I can though of course I don't want to be held responsible for your decision making as well. I'm just here to help. Shoot me an e-mail at [e-mail] if you need more advice or help.

Kevin

Answer 4

If there was an independant witness to verify your light was green, then you would be fine. Indpendant meaning "not associated or related" to you in any way. In other words, a stranger.

In this case the insurer's will state that it is "word vs. word". Each will defend their insured and will pay the damages to each vehicle on their own (less your deductible for collision) and subrogate each other.

Subrogation is an attempt to collect the damages paid on their own insured's vehicle. Both companies will not pay the other and it will go to arbitration.

Arbitration is a 3rd party company who looks at all the facts of what happened and makes a binding decision as to who is held responsible.

In the end they may say that they were unable to to determine and your own insurance company will have paid out without reimbursement.

This can take up to 6 months to complete.

I am a claims adjuster.

Answer 5

Your friend in not an independent witness so any testimony from him is almost worthless. A police report is just that -- a report. If the officer did not witness the accident he does NOT make the determination of who was at fault. That is the job for your ins company. Let your claims adjuster handle this for you. He or she will sort it all out and make a rational decision based on given facts. If the other company refuses to pony-up, your collision coverage will repair your car and your company will likely subrogate for the full amount of repair costs including your ded. which they will return to you.

Answer 6

I had pretty much the same thing happen to me except I didn't have a friend in front of me. It ended up being a "word vs word" case and we both ended up paying our own deductible.

Hopefully, you will fare better because you were the SECOND car to make the turn. That makes it pretty clear that your light was green. My insurance company said that even though all signs pointed to it being the other person's fault, none of it was actual proof. They said if there was someone ahead of me I would have more of a case.

Hope it works out for you!

Answer 7

MAY BE YOU COVERED BY UNINSURED MOTORIST MEANING YOU HAVE FULL COVER INSURANCE OR MAY BE THERE IS A CAMERA AROUND THAT AREA OR SOME ONEWHAT HAPPEN BESIDE YOUR FRIEND YOUR FRIEND IS A GOOD WITNESS POLICE WRITE THE REPORT ONLY HE DIDN'T SEE WHAT HAPPEN YOU AND YOUR FRIEND CAN MODIFIED THE POLICE REPORT

Answer 8

Tell your friend that was in front of you to confirm that he saw it all and the guy ran the red light!!!

Answer 9

If you were following your friend he too should be able to verify that the light was green.

Hard to tell how this one will turn out.

Answer 10

Just turn it in to your insurance company and let them handle it.