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Car Insurance Claims

BucketmanBucketman Call meSkraggRegistered User regular
edited February 2009 in Help / Advice Forum
So my girlfriend got into a car accident the other day.

Basically she was turning left with a green Turn Light and some idiot decided to punch the red light she had and rammed into her. Car has $2000 in damages, and it only cost 2,000. So I guess their totaling it? Well she got the police report today and it said that the accident was 50/50 since neither woman was paying attention to other car (though honestly I think missing the red light is a pretty big thing) so now my girlfriend is all in a hizzy because she has no idea if shes going to get any money and she currently has no car. I have 0 experience with these things so I have no idea about what might happen, if she can repeal the police report, and what her option are (besides somehow pull some cash out of her butt to buy a new car.). So I figured I'd ask you guys.

Anyone have any idea where things usually go from here? Is she going to get any money at all?

Bucketman on

Posts

  • DmanDman Registered User regular
    edited February 2009
    She should talk to her insurance agent ASAP. Her policy provider has every incentive to put the blame on the other driver and should be willing to help with any appeal.

    Dman on
  • matt has a problemmatt has a problem Points to 'off' Points to 'on'Registered User regular
    edited February 2009
    Yes she can still get money, but it will be from her own company. It will also likely up her insurance premium, since a 50/50 is basically a "no fault" accident.

    Why the cop did it that way, I don't know. I don't know if you have any recourse either, unless she got an actual ticket and has a court date where she could protest it.

    matt has a problem on
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  • BucketmanBucketman Call me SkraggRegistered User regular
    edited February 2009
    About the insurance guy thing....they basically had to move it to a different office because both of them had the same agent at the some company. So I guess the company will pay her from its own money? I dunno it seems weird.

    Bucketman on
  • DmanDman Registered User regular
    edited February 2009
    Bucketman wrote: »
    About the insurance guy thing....they basically had to move it to a different office because both of them had the same agent at the some company. So I guess the company will pay her from its own money? I dunno it seems weird.

    That definitely sucks....I don't know what recourse you have. Try to get the police to change the report to reflect that someone ran a red light and is more then 50% responsible for the collision? Sue the other driver in small claims court? I dunno...

    Basically most policies have a deductible, unless there is someone to claim from you pay the deductible and the insurance company pays for the repairs. So in your case (a write off) you should get the value of the car - the deductible.

    Dman on
  • PeregrineFalconPeregrineFalcon Registered User regular
    edited February 2009
    Wait, what? She was waiting to left turn with a green light, and someone ran the crossing red light and hit her? And they called that a no-fault? o_O

    Were any tickets written? If the lady who ran the red got a ticket (and she goddamn should have, for running a red light) and your girlfriend didn't, take a copy of that police report to the precinct and politely ask them to explain how the person who got T-boned while waiting to turn is at fault.

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  • stratslingerstratslinger Registered User regular
    edited February 2009
    Were any tickets written? If the lady who ran the red got a ticket (and she goddamn should have, for running a red light) and your girlfriend didn't, take a copy of that police report to the precinct and politely ask them to explain how the person who got T-boned while waiting to turn is at fault.

    This is key. If the woman definitely ran the red light, and was ticketed for it, then it's a no-brainer. Depending on what state you're in, the cop's assignment of fault may have nothing to do with how the insurance claims get worked out. The other person getting flagged for a moving violation as part of a "no-fault" accident basically trumps that.

    stratslinger on
  • BucketmanBucketman Call me SkraggRegistered User regular
    edited February 2009
    ok well appearently she didn't get a ticket because there where no witnesses to prove what happened as the officer arrived later on the scene after the fact. I wasn't there so I have no clue EXACTLY what happened but I know my girlfriend is a much more compitent driver then I am so I assume shes not lying.

    Of course what I believe has no bearing whatsoever.

    Bucketman on
  • Evil_ReaverEvil_Reaver Registered User regular
    edited February 2009
    I think the OP might be describing a situation I was in a while back.

    I was turning left at an intersection. There was a dedicated left turn lane for me but not a dedicated left turn signal. Basically this means that anyone turning left in that lane has to yield to traffic coming the other way (parallel with them). I waited for traffic to clear the intersection, but naturally (in California) that didn't happen until my light turned red. When my light turned red, I made my turn left but some idiot in the oncoming lane (still parallel with me, just going the other way) ran her red light and hit me while I was turning left.

    Our insurance companies ruled it 50/50 even though she ran the red light. I think this is what he might be describing.

    Evil_Reaver on
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  • BucketmanBucketman Call me SkraggRegistered User regular
    edited February 2009
    there is a turn left signal at the intersection in question though. She had the right of way, but there are no witnesses to say so.

    Bucketman on
  • Evil_ReaverEvil_Reaver Registered User regular
    edited February 2009
    Bucketman wrote: »
    there is a turn left signal at the intersection in question though. She had the right of way, but there are no witnesses to say so.

    Ah, okay, forget that then.

    Evil_Reaver on
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  • SammyFSammyF Registered User regular
    edited February 2009
    You need a torts lawyer. You can usually get a free consultation, and they get a cut out of your settlement/judgement. There should be a winnable case in here somewhere, but without being able to physically see the police report and any evidence, there's nothing any of us here can do, whether we happen to hold JDs or not.

    SammyF on
  • PeregrineFalconPeregrineFalcon Registered User regular
    edited February 2009
    Bucketman wrote: »
    ok well appearently she didn't get a ticket because there where no witnesses to prove what happened as the officer arrived later on the scene after the fact. I wasn't there so I have no clue EXACTLY what happened but I know my girlfriend is a much more compitent driver then I am so I assume shes not lying.

    Of course what I believe has no bearing whatsoever.

    If it was a T-bone, skidmarks and debris should have told the tale right there. If it's set up as Evil_Reaver said and she was in the intersection during a red trying to clear it, not as clear-cut since she's then "running a red" as well.

    SammyF is right. No ticket = lawyer up. Take her ass to small claims.

    PeregrineFalcon on
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  • BucketmanBucketman Call me SkraggRegistered User regular
    edited February 2009
    Alright cool, I'll let her know your advice. Thanks guys.

    Bucketman on
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