by Paulc03037 » Sat Sep 18, 2010 12:41 am
My wife was drivng her car and stopped at a red light, getting ready to turn left. When the "arrow" turned green, she checked for traffic, saw none and proceeded to turn. A driver coming from the intersecting lane ran the red light (later learned she told her insurance company she took her eyes off of the road) and as my wife was merging into the lane the other driver struck my wife's car. It caused damage to the side of my wife's car, toward the front. Damage was done to the other driver's side, but towards the rear. The police report clearly states he concluded the other driver ran a red light, but there are no cameras or witnesses to prove this. The other driver was clearly accepting fault at the scene to my wife and the police, but now is not. Their insurance some how is placing 100% blame on my wife. I figured that our insurance would stand up for us, given the police report and both drivers' statements. However much to my confusion and surprise, they somehow find my wife to be 70% liable! HOW CAN THIS BE? My wife followed all rules and drove safely and the other ran a red light, and WE are liable? What can I possibly do? They are trying to screw us. Please help! Thank you.
Posted: Sat Sep 18, 2010 12:56 am Post Subject:
A driver coming from the intersecting lane
What does this mean? Its a 4 way intersection. Where is the other driver coming from _and_ going as compared to your wife either before or after she turned?Posted: Sat Sep 18, 2010 01:20 am Post Subject:
the other driver was coming from the north through the intersection to the south, my wife (coming from the east turning left to head south) started to turn left and had mostly completed her turn when the other driver came through the intersection and collided with my wife's car on the right (passenger side)
Posted: Sat Sep 18, 2010 04:09 am Post Subject:
Have you asked your adjuster why they placed 70% against your wife? This answer/rational can only come from them.
What I can say is that it appears the other person is stating their light was green... same as your wife. The point of impact to the two vehicle's is not in your wifes favor. It indicates that the other person was well in front of your wife when the impact occurred, that your wife should have seen the other vehicle and that your wife had the last clear chance to avoid the accident.
With that said, if there were _only_ the statements from the two parties and both claimed to have the green light, I'd deny liability to the other party as they can't prove your wife was at fault.
I'm betting that there is some additional info that you do not know of. This is why you need to ask your adjuster why they placed 70% liability against your wife.
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