I was on my way home from work, on my motorcycle, a few days ago and was involved in an accident. It happened on a four lane road. A large SUV was in the left lane, a protected left hand turn lane. I was traveling straight in the middle lane with a car to my right traveling at the same speed and direction. As I was passing the SUV, who was in the turn only lane, they decided to merge into my lane, with no signal, at a much slower speed, and crossing a solid white line. Since I couldn't swerve into the either lane, I hit the brakes and swerved right just enough to avoid a collision. Unfortunately, my front tire lost traction, and I hit the ground at about 30 mph. The SUV drove off but a witness who was behind me followed them and copied their license plate number. The accident report states it was a hit and run accident, even though there was no contact. Also, they didn't have a driver's license. I filed a claim with her insurance, will they hold her liable?
2007-01-21 15:52:32 · 11 answers · asked by Danomyte7 1 in Cars & Transportation ➔ Insurance & Registration
I hate to give you a conditional answer, but here goes..
Yes they will most likely accept liability in a situation occuring as you described. Among the factors they'll consider tho, will include the strength of the witness, & what they saw. The other is of course, how honest the other driver is when giving their statement of what happened.
The fact they had no valid license is not a factor, tho it can affect how credible their statement is to the adjuster.
One thing to be aware of, & avoid being saddled with, is what your speed was, and what the posted speed limit is at that location. Check it out before giving your statement.
It's not uncommon to have the at fault carrier claim you were contributorily at fault due to speed, or saying you failed to maintain proper control of your vehicle. Good Luck!
Late addition....when fault is clear insurance companies pay the claim....it's what we do!! And they want to make you whole as quickly as possible to move on to the next claim, & also because if we handle the claim professionally you might just switch your policy to US!!
Avoid getting a lawyer too quickly, it doesn't intimidate an adjuster, & just might cause a delay in getting a check they're willing to pay once the facts are in.
Again the license issue is NOT related. I've been involved in a claim where a driver was cited for speeding, dwi, and suspended license. The driver making an unprotected left turn across his lane was still legally at fault!!
2007-01-21 16:07:32 · answer #1 · answered by SantaBud 6 · 0⤊ 1⤋
I love these types of claims, and I hate these types of claims.
The answer....it depends on the adjuster at her insurance company. Hopefully they will. What you have on your side, other than your detailed account (your question above) is the witness. This is your only arguing point, so make it a good one. Make sure the insurance company has her information for contact, home phone, cell phone, and mailing address. They don't need a police report to determine liability, even if they say they do. If they, or you, don't have the witness info then they will need the p/r to obtain it--just hope the cop took down the witness info & included it in the report. What the SUV driver is negligent of? Making an unsafe lane change, making a lane change in a restricted area (solid white line), inattention, improper use of a blinker (they didn't use one), and being stupid.
2007-01-21 16:34:01 · answer #2 · answered by bundysmom 6 · 0⤊ 0⤋
Im curious why the person above me thinks you need a lawyer? People crack me up. Does he think the lawyer will help with liability? Its funny how everyones first response is GET A LAWYER!?! When they have no idea what they are talking about. Lawyers have NOTHING to do with who is found at fault and cannot pressure insurance companies to determine the same.
Anyways, your very lucky that you have a witness that saw this accident. If they describe the incident exactly like you did to the other drievers carrier- they will LIKELY be at fault. The thing you dont have going for you is the fact that there was no impact between the two vehicles. That makes it very hard to move this happened. Also, the other insurance may say that you overreacted to the merging of their drivers vehicle and that you are partially responsible... so be ready for that.
Good luck
2007-01-22 01:15:52 · answer #3 · answered by Anonymous · 2⤊ 0⤋
More than likely. Especially if she was driving without a license. Was the other driver cited for anything? She violated the law which caused the accident. She should be held liable. However, if you want her insurance to cover your damage, you may have a fight on your hands. Insurance companies do not like paying anyone. See what they say and be prepared to get a lawyer.
2007-01-21 16:03:13 · answer #4 · answered by David L 6 · 1⤊ 0⤋
Sorry to hear about your accident. I also ride and unfortunately many car drivers just dont pay attention or notice bikes.
Yes, they will hold her liable since you have a witness. The unlicensed part will not affect liability but it will put her in a ton of trouble with the local authorities and the DMV.
2007-01-22 02:06:18 · answer #5 · answered by NY1Krr 4 · 0⤊ 0⤋
The insurance carrier should hold her liable. I don't understand how she could be insured without having a driver's license?
2007-01-21 16:06:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Call a Lawyer... Accident Lawyer
Goes with the rest of your good answer's..
Your ALIVE
38% of everyone that takes aheader or slide on a multi lane Hwy's and roads get run over.
...
2007-01-21 17:45:06 · answer #7 · answered by Spinner...428 6 · 0⤊ 2⤋
They will go after them but rember you are on a bike and need to be very wary when driving or you wil die. it is still your responcibilty to drive defencivly good luck, I would worry more that you are still alive and not who is at fault.regaurdless if they were at fault you could be dead right, and what good will that do you?
2007-01-21 16:08:13 · answer #8 · answered by Right 6 · 0⤊ 0⤋
Your details of the accident are well presented.
Usually folks asking similar here suck.
You are very lucky for the witness. I don't know how it will end up but wish you luck.
Fellow motorcyclist here.
2007-01-21 16:15:05 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Yes they sure will. Hope you don't develop any body aches or pains, double vision, etc.
2007-01-21 16:00:56 · answer #10 · answered by Anonymous · 1⤊ 0⤋