by angela.jones2 » Wed Mar 25, 2009 01:39 am
I was involved in an auto accident where I rear ended the driver in front of me as we were going through intersection because another driver going oppisite direction from us, ran a red light. The red light runner was given a ticket for running light & therefore causing the accident but her car was not damaged. Her insurance company said their driver wasn't involved & they won't pay the claim. The vehicle that I hit, therefore filed claim against my insurance & they paid it. I have only liability insurance so my car doesn't get repaired. The question I have is whether to sue vehicle owner that ran red light & caused accident or go after their insurance company. I want to collect for the repair of my vehicle & refund my insurance company for what they paid out on vehicle I hit so that it doesn't effect my insurance rates or go against my driving record. I'm assuming I should take insurance company to small claims court???
Posted: Wed Mar 25, 2009 02:10 am Post Subject:
I fail to see how a person going the opposite direction caused you to rear end the vehicle in front of you. I'm guessing that the person in front of you stopped suddenly as they saw the other person running the light and you did not stop in time. If so, your wasting your money in any court. You have a duty to maintain control of your vehicle and you failed to do this.
You can't file suit against the person who ran the red light for damages that your carrier paid. You have no standing to do this. You can't act as your carriers agent in collecting back what they voluntarily paid.
You can file suit against the driver who ran the red light for the damage to your vehicle but I really think you're probably wasting your time.
What happen in the accident?
Posted: Wed Mar 25, 2009 03:33 am Post Subject:
I'm with tcope here. The other guy got the ticket, not for causing the accident, but for running the red light. I'm surprised that you didn't get a ticket for following too close. If you didn't, you could have since you did hit the car in front of you. You can take the guy that ran the red light to smalls claims, but I just don't see it going very far.
Posted: Wed Mar 25, 2009 01:33 pm Post Subject:
Sorry OP, I understand that the phantom vehicle ran a red and guy in front stopped short, but that in no way obsolves you from liability...you were either going too fast or were too close to the car in front of you to get stopped in time...sorry but that one is on you and you only...
Posted: Thu Mar 26, 2009 05:21 am Post Subject:
i have some other opinion on this front that if you can (and if you can only) prove that due to the red light you got misled and the sole reason for the accident is that"red light".
then there is some hope.
but still it is really very hard case and you need to shell out a big amount for getting a top notch attorney in order to win the case.
i am a strong beleiver of the "nothing is immpossible". :wink:
Posted: Thu Mar 26, 2009 11:01 pm Post Subject:
have some other opinion on this front that if you can (and if you can only) prove that due to the red light you got misled and the sole reason for the accident is that"red light".
then there is some hope.
but still it is really very hard case and you need to shell out a big amount for getting a top notch attorney in order to win the case.
i am a strong beleiver of the "nothing is immpossible".
Today I was driving in a downpour on a four lane highway with a speed limit of 65 MPH. I was going about 55 due to the rain with many vehicles around me passing like crazy. I was traveling behind a vehicle that all of a sudden swerved to miss a van that was broke down in the 3rd lane of the 4 lane road. I was unable to see the broken down van until the vehicle in front of me swerved, but was still able to stop since I was only going 55. If I had been going the speed limit, I would have slammed into him due to road conditions.
Now he may have been found somewhat liable due to being broke down in the middle of the highway (there would be a number of questions of why, how long he had been broke down and yes he had his hazards on), but it would not change the fact that I would have been traveling too fast for the conditions or too close to the vehicle in front of me that swerved so they would not hit him.
Posted: Sat Mar 28, 2009 05:38 am Post Subject:
i'm afraid to say that it is unlikely that you'll be paid anything, so you'll have to face the loss. given the weather conditions, this accident is most untimely and unfortunate. however, i still think the chances are slim that you'll get paid out.
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