by Guest » Tue Feb 19, 2008 04:35 am
HI! I am from Iowa. On January 23rd of this year I was rear ended. I had just picked up my husband from work and was waiting at the stop lights. It was an intersection where you are able to turn right on red. However I am sure my light had just turned green. I looked both ways before pulling out into the intersection and saw nothing coming. After I cleared the intersection and was down the road a ways we were rearended. His van pushed us for a little while. I tried to get out of his way in to the median and then he t-boned us on the drivers side. My insurance company and every one else I have talked to said this was not my fault. However because a proper police report was not filled out his insurance is saying it was my fault. that I pulled out in front of him and refuse to pay anything. Is there anything legally I can do? If so who do I report his insurance company to. Because the other driver clearly hit me.
Sincerely,
Varb
Sincerely,
Varb
Posted: Tue Feb 19, 2008 04:47 am Post Subject:
What about the normal steps!
Didn't you notify it with the police?
didn't you exchange information with the party at-fault?
What about the witnesses?
Say something..
twilightlady77
Posted: Tue Feb 19, 2008 04:50 am Post Subject: wondering..
my friend, have you not taken any of the pictures of the accident sight, I have reasons to think that now-a-days people do maintain the safety measures as well as a camera too!
Is it that he hit your car so hard & it didn't suffer even a scratch! Its wonderful to believe such an outcome, my dear :)
Posted: Tue Feb 19, 2008 04:52 am Post Subject:
I just didn't understand whether he had faced a problem with the stoplights!
I understand the reason of his insurer washing off hands though..
regards,
plasticmind
Posted: Tue Feb 19, 2008 04:54 am Post Subject:
The rule of thumb says that when you're rear ended the driver, who has rear-ended you is at-fault. Therefore, your insurance company is right in that way. You may wish to consult your insurer with the situation in hand, they may be able to safeguard your interest and can also help you in deciding the course of action. Was that intersection an accident prone one? The police may have a monitor fit to record the movement of the vehicles. That evidence may help you in establishing your claim. Thanks,
Posted: Tue Feb 19, 2008 05:16 am Post Subject:
A lot of insurance companies will try and claim no fault by their driver. They would like for you to leave this matter alone and forget about it. They probably are hoping that you will get upset and not try and pursue this matter. If you have full coverage, you can file a claim on your insurance policy and they will pursue the rear ended accident at once. If not, go up to your courthouse and follow their procedure in opening a court case. Take the driver to court. There will be a small fee and some steps you must follow to start the court process. However, it is not that hard and should be well worth it in your case. I would get photos of damage, the accident scene and any witnesses you can find. In most cases, the driver who was in the back or rear end will be at fault. It is hard for a driver in the back to prove no fault.
Posted: Tue Feb 19, 2008 04:27 pm Post Subject:
Whoa, I can tell right now that you either did not explain what happen very well or you left a _lot_ out of your post!
You mentioned that you can turn right on red but then state that you were sure your light was green. Why did you mention that you can turn on red... I'm betting someone else brought this up. You state that you were on the road awhile after making your turn and were rear ended. Where did this other vehicle some from? The light behind you would have been red. Or... is someone else stating that you made a right turn under a red light and make the turn right in front of the other vehicle? I'm not say that is what happen... I'm only asking what the other carriers version of the accident was. No one gets a claim denied because a police report is not filled out... it, in itself, does not determine liability. Is it possible that the police report states that you turn right in front of the other vehicle, that your light was red, and this is why you state it was incorrect?
You also mention that after being rear ended you tried to get out of the way and into the median when you were t-boned. I'm not clear on how this happened. Are you saying after you were rear ended, you recovered right away, tried to move into the median and his vehicle, still going faster then yours t-boned your car?
A "proper" police report was not filled out? What was filled out?
Posted: Tue Feb 19, 2008 05:12 pm Post Subject:
Posted: Tue Feb 19, 2008 05:12 pm Post Subject:
Posted: Tue Feb 19, 2008 05:12 pm Post Subject:
Posted: Wed Feb 20, 2008 03:46 am Post Subject:
Pretty confusing. Can you clarify why the police report was not proper? Sounds like one was filled out, but I can't fathom what could be incorrect with it. Sounds like a possible cop out by the insurance agency not wanting to pay your claim.
As mentioned, consult your insurance company for the proper action to take. They may be more than willing to lend a helping hand. Sorry for your misfortune and I hope this works out!!
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