Some crazy soccor mom came flying down the street and hit my car as I was pulling out of my parking spot. Her insurance company has decided it is my fault and my insuance company wont talk to them. I don't know what to do. My car is undrivable and they won't pay for it. Anyone have any advice?
2007-11-15 05:54:31 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
I only have liability. I don't have full coverage
2007-11-15 06:20:14 · update #1
This was not my fault. She came flying down the street well over the 25 mph speed limit.
2007-11-15 06:34:49 · update #2
ucantseeme that really hurts my eyes. there is no reason to shout at me.
2007-11-15 08:52:24 · update #3
Have you thought about seeing an attorney? I work for a personal injury lawyer and we handle car accidents all the time. Most will give you a free consultation. I would at least go for the consult so they can tell you what rights you might have. Plus, they can help you deal with the insurance company. Cases like these are on a contingent fee basis so you don't pay unless you win. Feel free to message me.
2007-11-15 06:22:01 · answer #1 · answered by Kiwi 5 · 2⤊ 3⤋
Unfortunately, you are at fault for this accident. The soccer mom (lol) had control of the lane and it is your duty to yeild to oncoming traffic. Regardless if she driving over the speed limit, if you did not yield, she would have hit you anyway, if it was 25 mph or 50 mph. The reason why your insurance company won't talk to the other party is because you don't collinsion coverage on your vehicle, so they're not going to waste their investigating this claim when clearly you're at fault and don't have coverage. Sorry to say, but if you're vehicle is a total loss, you're not going to get anything from either party. That's the risk you take with not getting full coverage.
But for future situations, if a vehicle is already in the lane and you pull out, you have to yield and let them pass you before coming out. They had control of the lane.
2007-11-15 11:17:31 · answer #2 · answered by Whatsit2U 1 · 0⤊ 1⤋
Hiya:
Having handled auto claims for a LONG time, I can tell you that it is a REALLY bad idea to say that someone was flying down the street at a high rate of speed.
Because - that means you KNEW they were 'speeding' and YOU decided to pull out in front of them anyway.
Unfortunately, whether you think you are or not - you are indeed at fault. Insurance liability is determined by duties owed and duties breached. Since you were exiting your parking space - you owe a duty to any vehicle on the road. The fact that you were in an accident is called prima facie evidence that you breached your duty. Thus - negligence and liability would be assessed against you.
Depending on what state you're in - your insurance company may end up owing for the damages you caused. (Every state has different negligence jurisdictions)
Since you only have liability coverage...the damages to your vehicle are going to come out of your own pocket.
I know it sucks but....that's the way it is.
jifr
2007-11-15 08:27:44 · answer #3 · answered by Jifr 4 · 1⤊ 1⤋
Do you have a police report? What does it say? Did you try talking to an attorney? Many if not most will give you at least a consultation free of charge, this way you can find out if you have a case or not.
Look for accident attorneys in your local yellow pages, many attorneys will work on "contingency", i.e. take the other party to court, if they win you and the attorney get money if not neither of you do, in other words you don't have to pay them if you lose your case.
Some other answers state that the accident was your fault... not necessarily, if the other driver was driving recklessly and/or under the influence for example. Do yourself a favor get an attorney, or at least consult with two or three.
2007-11-16 06:46:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It doesn't matter how fast she was going. There are 'standards of fault' and pulling out of a parking space is a standard. Yes, you're at fault. Your insurance company will have to pay the damages to her car, and pay her rental while the car is in the shop.
You had an at fault accident, with no coverage. If you're not going to eventually fix your car, junk it now. If you're going to fix it, make sure it's not sitting in a storage lot somewhere, at $50 a day storage fees.
And take a second job to pay for the repairs to your car or buy another car.
2007-11-15 07:16:34 · answer #5 · answered by Anonymous 7 · 1⤊ 1⤋
Unfortunately, you were at fault for this accident. The road has the right of way & you went into the flow of traffic. Even if she was speeding, which is hard to prove - unless 1) there are skid marks & it can be figured by the length of the skid marks, or 2) It was witnessed by a police officer with a radar gun and she received a speeding ticket - you are still at fault by at least 80-90%. Your insurance company will be paying for her vehicle. Sorry. You can call an attorney but I highly doubt they will take your case because they don't take property damage losses unless you pay an hourly rate to them, they won't take a property damage case on contingency, there is just no money to make.
You will have to pay this one out of pocket for the damages to your vehicle.
2007-11-15 07:18:32 · answer #6 · answered by Sue 6 · 1⤊ 1⤋
If you left a parking place entering into the flow of traffic and someone hit you, it is clearly your fault. Moving traffic has the right of way over parked vehicles, and you can not exit a parking place unless and until it is safe to do so. Your insurance will pay for the damage you did to the other car you damaged. They will not pay for the damage you caused to your own car unless you have collision coverage. That was your choice to say no to collision coverage when you got your policy. When you say no, you are saying "I will pay for any damage caused to my property that is my fault."
If you want to get your car fixed, do so, and pay for it out of pocket. If not arrange to have it taken to the junk yard. Start looking for a used car you can afford to replace it, but keep in mind your insurance will probably be higher now since you have an at fault accident.
2007-11-15 06:30:16 · answer #7 · answered by oklatom 7 · 3⤊ 1⤋
If she was flying down the street then why did you pull out of your spot into her way?
Unfortunately she may have contributed to the accident by not reducing her speed however if you are in a parking spot you must yield.
You are at fault for this accident.
2007-11-15 07:20:46 · answer #8 · answered by ♥ Uwish ♥ 6 · 1⤊ 1⤋
THE WAY THE LAW WILL SEE THIS AND I DON'T WANT TO UPSET YOU BUT YOU WERE COMING OUT OF A PARKING SPACE AND SHE WAS DRIVING OR FLYING DOWN THE ROAD THAT YOU WERE GOING ON TO SO THIS WOULD BE YOUR FAULT.
ANYTIME THAT YOU ARE GOING INTO TRAFFIC EITHER FROM THE ROAD OR EVEN FROM A PARKING SPACE AND HIT SOMEONE OR THEY HIT YOU, YOU WILL ALWAYS BE AT FAULT.
THE PERSON DRIVING ALWAYS HAS THE RIGHT OF WAY AND AS STATED ABOVE IT WORKS FOR THE ROAD AS WELL AS WITH PARKING SPACES.
GOOD LUCK AND I AM SORRY ABOUT THIS.
2007-11-15 08:03:49 · answer #9 · answered by Anonymous · 0⤊ 2⤋
Regardless of your fault or her fault your insurance has to pay for the repairs.
2007-11-15 06:11:44 · answer #10 · answered by Lyn B 6 · 1⤊ 3⤋