by nuki » Mon Jan 12, 2009 01:40 pm
I was recently in a car accident in the state of PA. We were all fine but the cop is stating that it is a no fault accident. I was coming off the highway to a red light, which had a green light and proceeded to make a left turn. A man coming through the intersection failed to stop at the red light (which that it was he told us, not sure what he told the cop) and hit my car. I am confused as to the no fault stuff and what happens next.
The cop said that I may have made the turn to close being where my car ended up at and the fact that the other person's car was not past the white line (which it was past the white line well over it). I did not want to fight with the cop about that one but no I wish that I would have but I had to respect for cops (not so much now) I am concerned that I will be considered the one at fault. What should I do? I am very upset as this was my first accident. I am still waiting for my insurance company to call me back.
The cop said that I may have made the turn to close being where my car ended up at and the fact that the other person's car was not past the white line (which it was past the white line well over it). I did not want to fight with the cop about that one but no I wish that I would have but I had to respect for cops (not so much now) I am concerned that I will be considered the one at fault. What should I do? I am very upset as this was my first accident. I am still waiting for my insurance company to call me back.
Posted: Mon Jan 12, 2009 03:07 pm Post Subject:
The police officer does not have a clue about liability or how it works. The insurance companies will investigate the matter, come to their owe conclusions and handle the matter based on that info. In PA, if your found 51% or more at fault in an accident, you cannot collect from the other party.
Posted: Tue Jan 13, 2009 04:25 am Post Subject: insurance
How can a Policeman make 'a call' like that? Did he SEE the accident? Mmm..........did you have witnesses? If you did have witnesses, they may want to write out a statement for the police and/or your Insurance company.
Posted: Tue Jan 13, 2009 07:20 am Post Subject:
I did not want to fight with the cop about that one but no I wish that I would have but I had respect for cops (not so much now)
You have lost respect for the cops becoz they haven't hold you responsible for causing the accident. Hmmm....something to think about :wink:
Anyways, as tcope has mentioned PA works on Proportional Comparative Fault at 51% which means that if you have contributed more than 51% in an accident you can't collect for the medical expenses from the other driver.
You are required to turn the claim to the insurer and wait for the adjuster to decide the fault. However, since the police report is an important document in deciding the at-fault party you may both end up paying for your own shares of damages.
Posted: Tue Jan 13, 2009 07:30 am Post Subject:
I've heard that Pennsylvania follows both fault and no fault accident laws in case of auto accidents, is that true?? I have read somewhere that if you are injured in an accident in PA you have to seek coverage with your insurer for the medical expenses and the wage loss. However, you are free to collect under the responsible drivers insurance policy for intangible losses like pain and sufferings, loss of communion and such.
Can anyone clarify it for me further?
Posted: Tue Jan 13, 2009 11:58 am Post Subject:
Well, if what you're saying regarding the other person's failure to stop the car is true then I suppose you won't be considered to be 51% at-fault.
But then again what tcope has said regarding the cop's knowledge is also true.
I am still waiting for my insurance company to call me back.
Please share what follows once you meet your adjuster.
Do keep in touch..Roddick
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