Well, this week I got into an auto accident and there were three witnesses as officer told me. The other driver ran the red light so I collided with them. The one witness said that there was green light for me and the other said it was green for the other lady. But I know she ran the red light but the witness just felt sorry for her. What should I do? I don’t want to take blame for her. Does your insurance goes up for “no-fault” since your insurances pays for your damages? What happens usually?
2007-03-02 07:43:46 · 5 answers · asked by kaur 1 in Cars & Transportation ➔ Insurance & Registration
The third witness was no help as police officer mentioned and she had no clue to it so I wonder why police officer considering has a witness.
2007-03-02 09:28:39 · update #1
First of all, you need to find out what the 3rd witness said. That will probably be the determining factor. If the 3rd witness was a passenger in either of your vehicles, that won't help. Witnesses in an auto accident have to be independent or not involved in the accident. Otherwise, the accident will probably be deemed 50/50 - which is what normally happens with a red light/green light accident. Now, with "no fault", the only thing that means is your medical bills will be paid by your insurance company no matter whose fault the accident is. The proper name for this is personal injury protection (PIP). "No fault" is a misnomer because someone is always at fault for an accident. Now depending on your state's laws, if the accident is deemed 50/50 it may or may not be chargeable. Some states say it is chargeable to both (if your payouts meet a certain dollar amount) & some states say you have to be at least 51% at fault to be chargeable. In my state, the % is not specified so if you are even only 40% (even less) at fault, if your company pays over $1000, it is surchargeable. Your agent should be able to tell you what constitutes a chargeable accident.
2007-03-02 08:42:49 · answer #1 · answered by Sue 6 · 0⤊ 0⤋
If your city is like mine the lights are timed, so judging by the time of the accident the police should be able to figure out who had the green light. Your insurance company will not pay a claim they aren't obligated to, and will deny her claim if necessary. Your insurance should not go up for a not at fault accident. I would file the claim with your agent, get the police report and make sure that the info is correct!
2007-03-02 09:26:18 · answer #2 · answered by FirefighterWife 3 · 0⤊ 0⤋
You said there were three witnesses? One says you had a green, one says the other person had a green, what does the third say? (That might make all the difference).
Having the two conflicting witnesses makes me think one of them is probably an idiot (or colorblind) - or like you said, they fell sorry for the dumbazz that ran the light.
If she indeed ran the light, and you can get at least two of the witnesses to agree, then you shouldn't have to invoke your 'no fault' insurance - and the person who ran the red light should have to pay all of your damages. Depending on what kind of driving record you have (and she has), you might be able to use that to your advantage. If yours is clean, and hers isn't, make sure to bring that up.
It sounds like you should probably lawyer up, and take her to court.
2007-03-02 07:49:53 · answer #3 · answered by joemammysbigguns 4 · 0⤊ 0⤋
There is always a rise in the monthly premium for a insurance claim regardless of the faults....
2007-03-02 07:50:03 · answer #4 · answered by steak5959 3 · 1⤊ 0⤋
Your rates go up no matter what you were invovled in an accident thats how insurance works. sort of like when you were in school and two people get in a fight one may have been trying to defend himself but he still gets in trouble and still gets suspended.
2007-03-02 08:16:36 · answer #5 · answered by Tone Teezy 2 · 0⤊ 0⤋