i had an accident and his insurance says it's my fault. I disagree. Was it my fault?

Question

Long story short... I was driving to work, going towards a bridge. A man pulled right out in front of me from my left and cut me off. I hit my breaks and horn. The guy immediatly started sliding due to ice. I still had my breaks on because he did pull out but because of ice, I hit him as he was spinning. I hit his driver side rear. (where the gas door would be) It's been 3 weeks and I just found out today that it's my fault. How can that be if he pulled out in front of me and lost control? Is there anything I can do? also, my car is totalled now. I'm left with storage fees for my car being there and no car.

the police report does not state whos at fault nor did they take my statement before it was filled out. I was in the hospital when it was written. So I didn't have any say in what goes in the report. There was one witness on the report but just a name and number not his explanation of what happened. So I have no clue who the witness is or what they said

Answer 1

From what I remember while typing for an insurance company, you should have total control of your car at all times so if someone pulls out in front of you and you hit him/her it's still your fault. Doesn't matter if it's icy or not. Very unfair if you ask me. You could try and fight it but you'd need a lawyer.

Answer 2

did ya'll call the police at the time of the accident? If so, what does the police report say? If it states you were at fault, then maybe you should try talking to the patrolman's sergeant or officer in charge and see if you can get an explanation as to why this was your fault. If the report says it wasn't your fault, then you should contact your insurance co and let them handle it all. If they aren't working for you, then contact an attorney. In most cases, they will work on a contingency fee, which means they don't get paid unless they win the case and you get paid. Watch out though, some attorneys charge up to 40% of your settlement.


Added:
The police station has all of the official statements on file from everyone. When you go in to get a police report, you do not get the detailed copy, you basically get the face sheet that sums up the incident. I believe you must have an attorney request the full report under the freedom of information act? Anyway, I still suggest contacting a personal injury lawyer. You shouldn't have any trouble finding one to represent you without charging you up front. If they ask for money up front, thank them for their time and go somewhere else!

Answer 3

The main thing you have going for you is the ice. In some cases, when the weather is the reason for an accident, there is no blame. Think of all the recent pile-ups on icy interstates. Do you think they track the first guy who lost control and blame all the wrecks and damage on him? It falls under the 'act of god' clause in some cases but this has to be backed up by a police report. The first thing noted on your insurance card is to CONTACT THE POLICE. Very first thing. This is for your protection when it comes to blame. Second thing is to look for witnesses. Track them down at the scene, write down lisence plate numbers, get phone numbers, etc. With these things on your side, you can prove that the weather is the actual cause of the accident in which case each of your insurance companies will cover themselves because with police reports and witnesses, it's not worth their time and money to go to court. ALL insurance companies will fight tooth and nail to blame the other person. Get in touch with your insurance company, give them ALL the information you have regarding the accident and explain your side of the story. Just because his insurance company is blaming you doesn't mean that your insurance can't blame him, in which case it will lock up the settlement and go to court. (Assuming you don't have an accident report from the police that is citing particular fault.)
Sounds like it's worth fighting for. If there is no police report, this will be a very expensive lesson for you unfortunately but one you'll never make again. Failure to maintain control is one of the main causes of fender benders and if that's what it was, you would take the blame for failure to control (if the weather would have been clear.) Again, the weather is the variable in this case (have you ever seen an accident ticket? There's an entire section devoted to the weather/road conditions for the time of the accident)....a police report would have legally noted those conditions and would have helped you out.
Contact your insurance company, explain the full details. That's what you pay them for. See what your options are...your insurance company will NOT pay without a fight if it's a good company and then the truth will come out in court, assuming the other insurance company looks at the evidence and decides it's not worth persuing in the legal system...which CAN happen where there is lack of evidence. They wiill not go to court without a police report and witnesses most likely where it will be simply your word against his. If there are witnesses and a report, they should reflect the truth, in which case you should win based on your description of the incident. Contact your insurance company immediately to check your options and find out their stance before contacting a lawyer. Again, that's what you pay them for every month...to protect you in situations like this and fight for your (their) money when a settlement takes place. Good luck.

Answer 4

This is why there are insurance companies. A case that could be argued for years to come in my own opinion.

First thing that bothers me is you said "his insurance" blames you! What does YOUR insurance company say? Just because HIS insurance company says something doesn't mean that's the case! Sounds like they might be trying to railroad you!

Also, a lot depends upon the circumstances. Often times in accidents you have a case of "he said she said" issues. Not knowing what the other driver said occurred I only have an opinion based upon your side.

If the other car entered the main roadway without sufficient clearance...he should be found at fault for failure to yield to the right of way traffic. Additionally, the icy road conditions don't help his situation of entering the main flow of traffic.

However, the OTHER side of the story could be that he had sufficient time to enter the roadway but because you were driving too fast for existing conditions, you were unable to slow your speed prior to impact.

One option you DO have available is hiring the services or requesting the services of an accident reconstructionist if there's one available in your area or through the insurance company.

Another option is to get your insurance company in gear letting them know what the other party insurance company is alledging.

Sadly, people have lost the fine art of defensive driving and you see more and more accidents on the roadways. Sorry this happened to you!

Best wishes!

Answer 5

Forget the icy condition they mean very little in this accident,if you were on the main road and he has pulled onto it basically it is his fault.My sister had a accident very similar to yours but she was the car pulling out,she said the car on the main road must have been speeding.There was no witnesses and it was her word against the other driver,the police told her she was at fault other car speeding or not.This is because when you pull out into oncoming traffic you are responsible for pulling out safely and not the oncoming driver who has right of way.Contact your insurance company find out about any witness statement and explain you are challenging the decision of who was responsible.

Answer 6

First of all was a police report filed? The police usually determine who was at fault based upon witnesses, the car position, etc. Talk to the police and your insurance company. They should be able to help you. Your insurance company should pick up the cost of the storage fees. If you don't have insurance, then why are you driving?

Answer 7

sounds like it wasn't your fault nor his fault... you both reacted correctly... you honked and hit the breaks and he hit his breaks...

First I'd try to find out what the witness saw if possible and try to further examine what happend with the witness statment...

If you're absolutly sure that this wasn't your's or the other driver's fault get a lawyer and build a caseto take the insurance company to claims court

ps. I'd also consult a lawyer before concidering to take any legal action

Answer 8

Did the police get involved?
If they did, and they filed a report, I would think they would be the ones to assign blame.
And what does YOUR insurance company say?
If your insurance company is on the hook financially for the accident, and it really wasn't your fault, then I am sure they will fight it out with the other insurance company.

Answer 9

What does your insurance company say? Normally the two companies agree on a percentage of blame for each person. They might argue that you were unable to stop because you were going too fast for the road conditions for example, or that you disobeyed a traffic signal or whatever. You need your insurance company to fight this for you - you can't deal with this on your own. You are one person, and the other insurance company has a battery of lawyers just waiting to make your life miserable if you try to fight them.

I'm assuming you do have insurance...

Answer 10

Are there any witnesses? At the moment it's his word against yours, so you could really do with CCTV footage or independent witnesses.

Failing that, it's quite possible you'll take the blame. If you drive into someone in-front of you, it's seen as your fault by default. The fact that it was really his fault will only stand if you can prove it.