Question
Drawing of accident
QUESTION: I was in an accident on 1/15/10 I had just turned off a main road into a safeway/Gas station Parking lot I was established in my direction and moving straight on my right hand side were the gas pumps on my left, the lane the other vehicle was in oncoming she made a left into the pumps right in front of me resulting in collision( the road has painted direction arrows on it) at time of accident i walked around and could not find any witnesses, I called her insurance company today (1/27/10)and they are trying to do a 50/50 claim Which I DO NOT agree with they also stated there is a witness now that said I was speeding. How can I fight this, what are my chances?
ANSWER: Brandon,
Generally speaking, someone who makes a left hand turn in front of you as you travel straight is at fault. The fact that a witness exists who claims to have said you were speeding does not help but that could be a fabrication by the other carrier trying to justify its position.
Your own insurance company should be defending this claim. I would leave it to them.
Unfortunately, if the other driver's carrier has a believable witness that says you were speeding then I'd say that 50/50 would be hard for you to fight. Sorry the news is not better.
Best of luck,
Ernest Ferraro
---------- FOLLOW-UP ----------
QUESTION: First off thanks for the speedy reply now something to add
I just found out I had a lapse in payment for my insurance so I was not covered at time of accident. Would It be wise to hire an attorney to help with this case or should i take the 50/50 claim and pay out of pocket for half the expenses and risk a letter in the mail stating I'm losing my license
AnswerFirst of all - reinstate your insurance.
As far as the accident is concerned, why don't you try this:
Research the Vehicle and Traffic laws (VTL) in your state and provide them with a copy of the section dealing with making a left hand turn into oncoming traffic. Then ask them for a copy of the witness statement and the police report which actually lists the witness. My guess is that the police report doesn't list a witness they have no statement. Then call them after a few days or so and try to renegotiate the percentage split to something like (85-15) based upon your "new" facts.
