I need advice about a car accident. Please!?
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I need advice about a car accident. Please!?
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A little over a week ago I was involved in a car accident on the interstate. I was passing a van that had another car in front of him. Apparently, I was in his blind spot and he started coming into my lane as I was passing. I went towards the median to avoid hitting him and then tried to drift back into the lane, thinking he would see me, as people usually do, and correct his mistake. He didn't and when I realized that he was still coming over, I went even more into the median, and when two of my tires were on the grass and two were on the pavement, i tried to brake and spun out of control into a guardrail and totaled my car. Two witnesses stopped, one of which I know said I was ran off the road. The man in the van also stopped, I never spoke to him. After the cops came and took everyone's story, a policeman told me, "Any way you look at it, you are not being held at fault for this. He is at fault, he will have to pay for your car." They gave him a citation for failure to yield to right of way. His insurance company has done NOTHING to help me. They won't even call back. We eventually found out that it is because he is saying that the accident is not his fault. Now they have to "investigate it". The accident happened in VA and apparently in VA you can be 2/3 responsible for an accident and not have to pay. Which makes no sense to me, since if you cause an accident, it doesn't matter how it can be prevented, YOU caused it, 100% every time. Sorry about the length. My main question is, Since the cops sided with me and I had witnesses, what are the chances of me getting paid for my car from his insurance company?? Can he get around it? I'm scared to death.
Additional Details
They know he was cited for the accident, but they are still trying to fight paying for it. To me, everything is on my side. But why would he fight it unless he thought he had a good chance of winning?
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kja63
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Anyone can get around anything. You need to get yourself a lawyer! |
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rottendog93
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Call your insurance company, that's what you pay them for. |
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David W
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You can get a copy of the police report, probably from a state police post or local PD, which should have the info you need. If it shows the other driver at fault, contact his insurer right away and give them that info. If they still delay, you can threaten to file a complaint with the state insurance department. It may take a while, but insurers don't like to have complaints filed on them, so you may need to do it eventually. The threat should be enough, though. |
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shjf47
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Go to the police agency that investigated the accident & get a copy of the accident report. Ask an officer to explain how to read the report. Claims can sometimes take 30 days to settle. If the insurance company drags their feet to long, tell them you will be filing a "bad faith" complaint with the state insurance commission. |
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Vizzi-torr
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If the police report states that you are not being held at fault, and if you have witnesses also who also agree, then let the insurance company investigate. They should find in line with the police report. It sounds good for you.
It's nerve wracking to have to wait but if in the end they try to find you at fault, you should be able to appeal. But it sounds fairly cut and dried to me. Check your ins. laws for Va.
Good luck! |
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Gambit
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The police do NOT determine fault. Unless the police witnesses the accident first hand everything they say and write down with regards to how the accident happened is hearsay and is not admissible in court. They can testify to what the scene was when they arrived and what was said afterward, but they did not see the accident so the police report will not help you (I don't know why cops keep telling people who is at fault, they really should realize their opinion doesn't matter). If the other driver will not admit liability, then that is the position their insurer is going to take. If you have the name and phone numbers of the witnesses then make sure you provide them to the other party's insurer. This will show that you have people to back up your story, which is like gold in a court. If they still won't play ball then I'm afraid this will have to go to court.
On a side note this should be a lesson on why you should never, ever swerve to avoid an accident (unless you're trying to avoid a person or a flaming wreck). If someone is coming into your lane then it's better to hit them then to swerve, especially at high speeds (actually the horn is the most preferable, which I can't understand why you didn't use it). You have a better chance keeping your vehicle in control by colliding with the other vehicle. By swerving you're throwing yourself at the mercy of physics, which as you've seen, can be cruel at the best of time, deadly at the worst. |
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♥ Uwish ♥
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Virginia has Contributory Negligence laws. That means if you are found to contribute to the accident in any way, the other insurance does not have to pay you.
his carrier can argue that you did not maintain control of your vehicle, or you were speeding, you didn't sound your horn to warn the other driver he was coming into your lane. All of these would be valid reasons for them to deny your claim.
I'm sorry, I know its not what you want to hear, but the law is the law. |
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John S
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you tell those dum asses to pay for your car NOW! Because if your story is true you were not in the wrong. |
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