by bigdbag » Sun Jul 18, 2010 06:33 am
Hello, I was recommended this community to get help regarding my accident. Thank you in advance!
I was driving down the middle lane through a T-intersection where my light was green and had been green and did not change to yellow. Literally the GREENEST light ever. The woman makes the left turn even though my car is calmly just passing through the green light.
I had 3 passengers with me. She was alone. She has been in the states for 2 weeks. She's from Switzerland with an international license. She claims she saw a green arrow for her to turn.
There were no witnesses.
The officers on the scene were clearly on my side, but told me that because she was claiming she had the green arrow, it was now a dispute.
What should I do!?!?! I cannot believe she's claiming she had an arrow; it's completely immoral.
I was driving down the middle lane through a T-intersection where my light was green and had been green and did not change to yellow. Literally the GREENEST light ever. The woman makes the left turn even though my car is calmly just passing through the green light.
I had 3 passengers with me. She was alone. She has been in the states for 2 weeks. She's from Switzerland with an international license. She claims she saw a green arrow for her to turn.
There were no witnesses.
The officers on the scene were clearly on my side, but told me that because she was claiming she had the green arrow, it was now a dispute.
What should I do!?!?! I cannot believe she's claiming she had an arrow; it's completely immoral.
Posted: Sun Jul 18, 2010 12:33 pm Post Subject:
What should I do
Does she have insurance?
Do you?
Have you filed a claim with her insurance or yours?
What does the police report state?
I had 3 passengers with me
Here are the witnesses
Posted: Sun Jul 18, 2010 04:30 pm Post Subject:
Thank you for replying!!!!!!!!!! Thank the internet gods you're awesome.
Yes, I have insurance through Geico, she has insurance through USAA.
I have yet to make that decision because I'm not sure what to do in this case? Is it advantageous to go one or the other route? I know for sure I had right of way.
The police report came out as that I claimed I had the green right of way and that she claims that she had a green arrow.
Aren't the 3 passengers not witnesses because they're affiliated with me? That's what the officer told me, anyway.
Posted: Sun Jul 18, 2010 07:46 pm Post Subject:
I have yet to make that decision because I'm not sure what to do in this case? Is it advantageous to go one or the other route? I know for sure I had right of way.
File with her carrier. See where that gets you. If not, file with your own.
Aren't the 3 passengers not witnesses because they're affiliated with me? That's what the officer told me, anyway.
No, police are routinely wrong when it comes to what will or won't help you in an insurance claim. Your passangers will most likely be interviewed or directed to give statements about the facts of the accident. If the police report states she failed to yeild or ignored posted traffic signs or controls, this will help your case. Was she issued a ticket? Either way, sounds like this is in your favor.
Posted: Sun Jul 18, 2010 11:33 pm Post Subject:
A classic case of he said/she said. In court, with no witnesses, the best storyteller wins. But if she is the kind of liar you indicate, she may come to court with some surprise witnesses who saw "everything". Your three vs. her three or more . . . ? Flip a coin.
Always best to attempt to collect from an insurance company (hers first, then yours) before rushing off to Small Claims or Superior Court.
Posted: Mon Jul 19, 2010 02:54 am Post Subject:
I see. Wow thank you for your post that really helped to put it in perspective. I shall do as you suggest. I talked to my father as well and he echoed your sentiments almost exactly. Will post again with an update.
Posted: Mon Jul 19, 2010 04:30 am Post Subject:
You need to report the claim to Geico so that they can investigate the claim and provide you a defense.
What will happen from both carriers is that they will (attempt) to obtain statements from both parties. Good adjusters will know what questions to ask each person. For example, they should ask the other person if any other vehicles were in/near the intersection and what they were doing at the time, where any other vehicles also turning. Did you need to stop before turning and is so, how long were you stopped. There are many questions that they should be asking the other person as well as yourself. While sometimes it's still unknown who had what light, many times someone's information won't add up to what they said happened.
Lacking any additional info, it's possible that each carrier will side with their own insured.
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