As i was passing through an intersection with a green light, a car on the adjacent street ran the red light and hit the passenger side of my car. I called the police & they refused to come to the scene due to the fact that there wasnt any injuries. I only have liability coverage & my insurance company isn't helping me prove that he is at fault. I don't know how i can prove that he ran the red light, if you have any ideas or you have been in a similar situation please help me out.Thanks.
2006-10-31 18:31:01 · 14 answers · asked by TAM 1 in Cars & Transportation ➔ Insurance & Registration
As i was passing through an intersection with a green light, a car on the adjacent street ran the red light and hit the passenger side of my car. I called the police & they refused to come to the scene due to the fact that there wasnt any injuries. Unfortunately, there weren't any witnesses and I had no way to take photographs. The other driver refuses to admit that he ran the red light. I only have liability coverage & my insurance company isn't helping me prove that he is at fault. I don't know how i can prove that he ran the red light, if you have any ideas or you have been in a similar situation please help me out.Thanks.
2006-10-31 18:41:40 · update #1
Actually, until this accident, i was unaware that the police don't have to respond to auto accidents unless there is an injury. Some cities will send out a patrol car as a civil courtesy. However, Richmond, CA is not one of them.
2006-10-31 18:48:19 · update #2
Whether or not the police came and did a report, you did those needed things, right? You exchanged information and got the other persons name, address, phone, make and model of vehicle with plate and VIN, and his insurance carrier, right? Find out how much it will cost to fix your car, then contact that person and his insurance company, and make a claim for that amount. They will take your statement, his statement, and made some type of decision. If they pay for your loss, not a problem. If they decide their client wasn't at fault, then you need to decide your next steps. You might, in that case, decide to talk to an attorney, or perhaps file in small claims court, depending on your level of loss.
2006-11-04 17:35:58 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
Check to see if there were red light cameras anywhere in the area. Other options might be ATM cameras, though that would be hard to get.
Basically it's your word against the other driver's. You may get a call from the insurance companies to take your statement. Make sure your facts are specific, with any kind of timing evidence you can come up with (i.e., what speed you were going, if you had gone through a previous intersection on the green--they could time it).
If all else fails, you can take the driver to small claims court.
Add: The above post is incorrect, as you probably already know. Where I live the cops don't come unless there's an injury.
2006-11-01 02:41:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Okay, just so you know, those reports you get from the traffic department only tell you the sequence of the light and if they were reported as broken or not. They don't tell you what color the light was at exactly the second the collision occurred. Nice thought, but technology is not that advanced on traffic lights that I'm aware of.
If there are no independent witnesses then you are hosed! The only thing you have on your side is that you were hit on a part of the car that proves you had control of the intersection, but it still doesn't prove your light color.
And also, your insurance company can't help you because you don't have collision. If you'd carried it and they paid something they would have a right to pursue the other party. Sorry!
2006-11-01 18:51:34 · answer #3 · answered by Chris 5 · 0⤊ 0⤋
i am surprised that the local law enforcement refused to come down..they can at least file a report, especially if there are going to be insurance claims.
taking down the names and contact information of any witnesses would have been a good idea. also, if you had a camera in your vehicle, or even a camera on your cell phone, (or if a bystander had one), taking pictures of the aftermath, the placement of vehicles and the where damage resulted would have been a good idea.
as for the traffic signals, if they were lights that operate on a timed schedule, the city may have a record of what color the lights were at the time of the accident. this works only if you have proff of the exact minute at which the accident occured (taking a picture of a clock or something would be good, .also, some camera display the time and date of when a picture was taken). if the lights are not timed, and only operate with pressure plates that are beneath the paved surface, such a record for the lights may not exist.
good luck:) feel free to send me a message, I'd like to hear how this one turns out.
2006-11-01 02:45:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
unfortunately, you are in a really bad way here. it's true in many states cops won't come to a scene of an accident unless there are injuries. it's not a lie. many states have that as a prerequisite. some states just have too many accidents and the police department's time is just not best served responding to all of those. the only thing you may have in your favor is the points of impact. but as chris said, it still doesn't prove that you had the right of way. at best, the points of impact will show that you have shared liability. unfortunately, this is a case of word vs word. you have a requirement to prove your claim if you are filing on the other party and unfortunately, you just don't have any evidence. the only thing i would check for is to see if that intersection had any cameras that may help you. other people were trying to say talk to the city about their light timing...good in theory but how do you prove what time the accident happened if the other person is saying it wasn't red? next time, witnesses, witnesses, witnesses. if youare in an area where cops aren't required to respond, grab as many people as possible. otherwise, you're pretty much stuck. and as the other person said, you're carrier has no reason to assist you as they have paid nothing on your claim. they have no requirement to. they cannot persue on your behalf as they have no vested interest. it would be illegal for them to as they have no legal standing in the claim. the only thing they may do is defend your claim if the other person tries to file on your insurance. (additionaly, it would seem questionable if the other person said your light was red but haven't filed a claim...) i would suggest trying to get collision coverage so your carrier can help defend you in cases like this and take care of your damages. oh, and do NOT listen to mr. mobiguru. his advice will take you straight to jail. false witnesses...supplying false information to an insurance company to benefit yourself...know what that's called? INSURANCE FRAUD! and you know what else? that's a FELONY!! and what's more...California is one of the largest states doing a crackdown on insurance fraud. they have some of the heaviest penalties in the country. think twice before you even try to do that. if you don't mind the idea of jail time and uniforms...hey, that's your call. i just wouldn't suggest it...i like my freedom...
2006-11-04 16:29:43 · answer #5 · answered by Infinity606 3 · 0⤊ 0⤋
Don't create any false witnesses,, that is a Felony called fraud. What will probably happen is in a case like this the two insurance co's will assign a fault percentage to each driver. with your word against his,, it is a 50/50 accident,, I know it is unfair,, and i suggest you don't settle for it. They have to settle the claim. Just stick to your guns and do not accept anything less that 80%. Vid Cameras at the scene are a good idea,, if you can find one.
2006-11-01 03:43:34 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Run a advertisement in your local paper requesting anyone who may have witnessed the accident contact you. Some folks still have a back bone and are willing to help out their fellow man while others sit on the side lines until it happens to them! Give it a try you have nothing to loose and only something to gain!
PS: avoid the immigrant MOGI MOSHU or whatever his name is! Just what we need in this country is more of his kind! Stick to the facts as we all know HONESTY is the best policy! So does the man in the sky!!!!
2006-11-01 10:05:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
File a complaint against the accused with the local police and obtain an FIR. Do u have any contacts among the high officials? if u have use them.
Verify with the police if there were any closed loop cameras monitoring the crossing.
Are there any shops at the crossing?
If u r sure it was his fault... u can create false witnesses[ It is done in such occassions].
Once that is done.... u can get around with ur insurance.
2006-11-01 02:59:47 · answer #8 · answered by MobiGuru 2 · 0⤊ 1⤋
Do you have any witnesses? If not, it's going to be hard to prove if he says he has the green light.
You are probably going to have to take him to small claims court, and hope he doesn't show up - which would give you the automatic judgement.
2006-11-01 10:25:40 · answer #9 · answered by Anonymous 7 · 0⤊ 0⤋
get the time the accident occured and go to the people that deal with the lights and get what the lights were at this time yes they do keep records of such things this will prove ya right
2006-11-01 02:33:46 · answer #10 · answered by mustang_rws 4 · 0⤊ 0⤋