I was just in a car accident, where I was turning left onto the main road from my neighborhood road, and a car was speeding on the main road toward me as I turned left, and he had to swerve to avoid me and hit 3 other cars in a parking lot as a result. No one was hurt, just the cars were damaged, but the police say that only the driver that had to swerve will be allowed to file an insurance claim. The police officer and the mother of the boy who was driving both say it should be alright, and most likely, his insurance company won't call, but the officer also said that if it wanted to, his insurance company could sue mine to pay for damages. But it seems like it might not happen, because the mother was very supportive and nice (more than I deserved), and said everything will be fine. I have to go and pick up a record on Monday from the municipal center. What will that tell me? ALSO, do I need to call my ins. comp. now? The officer didn't say anything about it when I was talking to her.
2007-05-25 13:01:16 · 9 answers · asked by rosesandrainydays 2 in Cars & Transportation ➔ Insurance & Registration
Yes, he did tell the police officer he was speeding, b/c when she asked me if I thought he was speeding, she told me that the he did admit that. I told her that I couldn't tell properly, but that it did look like he was driving fast.
2007-05-25 13:19:00 · update #1
Also, the police officer (as is normal) did take my information-drivers license and car tag information
2007-05-25 13:20:07 · update #2
If your actions caused him to have to avoid you, you can be held in as a responsible party. If he was speeding the question is did his speed cause the accident. If he was driving down the road over the speed limit and you had not made that turn in front of him nothing would have happened. And that's the essence of liability. If not for your actions the accident would not have happened. Now, you didn't say where this happened (what state) so how this is handled can vary because states have different laws of negligence such as contributory and comparative negligence. Why did you turn in front of a speeding vehicle? That will be the question when this claim gets investigated.
And remember, police officers are not insurance employees, they don't investigate negligence. They handle the criminal end of this, which has nothing to do with who is at fault. So just be aware you could be pulled into this. And every car involved can bring you in, not just one person. Supportive and kind or not, what happens at the scene is not always what people end up doing when they think about it later.
2007-05-25 14:46:47 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
More likely than not, once his insurance company repairs all the vehicles, they will contact your insurance company and pursue subrogation (basically reimbursement for damages) - because even though the other person was speeding, you have a duty to make sure that it is clear prior to making a left turn, and you failed to yield to right of way. It is a great possibility that there will be comparative negligence on the other party, however - once his insurance company gets a hold of the police report with your information, they will be filing a claim. You then have 2 options - 1. file the claim now with your carrier so that they can investigate it properly, especially since the loss just happend, or 2. wait until the other party files a claim with your carrier - your carrier will investigate, and it may be possible they will send a risk notice to underwriting due to your delay in filing the claim, which could potentially affect your premium/renewal - however if you are found more than 50% at fault for this collision, your premium will be affected anyways.
2007-05-25 13:26:44 · answer #2 · answered by S17V 4 · 0⤊ 0⤋
First off.. EVERYONE ALWAYS says the other person was "speeding" when they fail to yield to them (like you did) Did you have a radar gun? Did he admit he was speeding? Well then what proof do you have hes speeding?!
Now, they do have proof you did something wrong. You failed to yield on a left hand turn.
If the damaged parties feel you were partially (or fully) at fault for this accident they will come after your insurance for damages to the vehicles. This will likely be both of your fault. You caused it partially because you failed to yield and he had to swerve to avoid you. He caused it partially because he cant just hit other cars to avoid yours.
So, really.. its up to you. You better believe they will be calling your insurance company eventually- do you want to tell your insurance what happened first? (i would hope yes) It doesnt matter if his mom was nice or anything.. the only thing that matters is who is at fault here- and you have some negligence on you.
2007-05-25 13:13:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First it sounds like this accident wasn't your fault being that the other party was speeding Second the other party has no Idea what an insurance company will do. Notify your insurance company so they have your side of the story. In the end you are libel for all the damages provided you were found at fault. The other insurance company will sue yours to recover their losses. Your insurance rates will likely go up.
2007-05-25 13:10:28 · answer #4 · answered by Abel H 5 · 0⤊ 1⤋
I'd say you are going to be fined and may get a license suspension for not having insurance. I live in Ohio and here you don't go to court for not having insurance. The state contacts you and suspends the drivers license for 90 days on first offense then to get the license reinstated you have to pay a big reinstatement fee. Going to court with insurance might or might not help as far as the fine goes with the judge. The insurance card will have the date the insurance went into effect.
2016-05-17 23:17:53 · answer #5 · answered by ? 3 · 0⤊ 0⤋
The police officer did not cite you. It is the responsibility of the driver to have his car under control at all times, so he is at fault. It looks like you have no responsibility. Wait until your insurance company contacts you, before filing any reports. If questioned, tell them just what I said about not being cited, so therefore you were not at fault.
2007-05-25 13:15:48 · answer #6 · answered by Beau R 7 · 0⤊ 1⤋
Sounds to me like you did nothing wrong and have no reason to worry. If your car isn't damaged, you were not involved in the accident.
2007-05-25 13:10:47 · answer #7 · answered by Nc Jay 5 · 0⤊ 1⤋
He was at fault because he was speeding. You only have to pay money if they were to take you to court and win the case. Your fine!
Cheers!
2007-05-25 13:06:09 · answer #8 · answered by Anonymous · 0⤊ 3⤋
forget the whole thing, you have no liability
2007-05-25 13:05:39 · answer #9 · answered by tireless1963 2 · 0⤊ 2⤋