Question:
I was involved in a car accident where the other driver was attempting to make a left turn and crashed into me while I was in the intersection going straight. I had the right of way since my light was green, so he had to yield to oncoming traffic. There were no witnesses, so the officer who responded made her decision based on what the other driver and I told her. She cited the other driver with reckless - therefore he was at fault. Well...now he's telling his insurance (Geico) something else - that he indeed had a green turn arrow (LIAR!). So now, the claims adjuster wants to know why the officer ruled in my favor inside of the other party. I thought the police report showing he was charged with reckless confirms he was at fault...why is the claims person going into this further thus prolonging my car getting fixed? The officer made her decision based on the facts she received. Case closed, right? Could I end being screwed in the end because the other guy is lying??
Answers:
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The insurance company is going to investigate the claim and should take statements from both sides. they dont always go completely by what the officer says, although it helps that he was cited. However, if you are dealing with that guy's insurance and they are giving you a run around, you should call your own insurance company and let them take care of your claim and they will go after the other guy. It is your insurance company's job to defend you and fight to get your deductible back if you have to pay one.Is it true that if you buy a car from an auction you recieve a salvage title?
The police report is the deciding factor. Call your own insurance company and they will help you.The claims adjuster is just a damage appraiser. They have no concern of whose fault the accident was.
The last answer is absolutely false. One of claims adjusters biggest jobs is too determine liability. We use recorded statements, scene investigations, witnesses, and police reports to do so. It's such a myth that liability is based on police reports alone.
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To make a long story short- liability is NOT based on citations as people believe. Although im 100% sure the other driver is lying- what proof did the police officer have that the other driver didn't have a green arrow? NONE- so it seems her/his ticket was based on laziness/no through investigation.
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This will end up being word vs word and the other drivers insurance will side with them andput you at fault (as your insurance will do for you.) Your not going to be getting your repairs though their insurance- file through your own collision
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If you had a green light and that was documented you might want to contact the city and find out what configuration the lights function in. Most places that I know of turn the oncoming light red when the green arrow lights up for people turning. Also even though the officers report was filled the insurance company is a business and will always look for a way out so they can save money. You could try talking straight to the other persons insurance company and get them a copy of the police report if you need to. Also statements from any witnesses would help to.Uninsured motorist wants to get car fixed at a facility that she chooses.?
I have to agree with la428282 on this. I was in an accident almost a year ago and the guy took off. I gave chase and found him trying to hide his vehicle behind the garage in his yard. Anyway, he admitted that the accident was his fault and he was sorry for taking off. I called the police and filed a report. The guy then lied about the accident and changed his story a bunch of times. Anyway, to make a long story short, the guy is saying it was my fault and I'm saying it was his fault (which it was). Since his insurance is siding with him (and mine with me), I had to file a claim with my insurance to get my car fixed. They are now after him and his insurance to get the money. It's been a year and it's still not straightened out. I would suggest that you file a claim with your insurance to get your car fixed and let them handle the rest.What to do when God leaves a tree on your car for Christmas?
If your car is driveable, I would hold out a few more days and wait to see what the other company is going to do. They are investigating the accident and getting all the facts. Even though you know who is at fault the adjuster does not know and needs to do an investigation. I think that after the adjuster sees where the damage is at on both vehicles, the police report and also your statements they will rule in your favor.how long is the expected lifetime of a vehicle?
If you car is not driveable, call your insurance company immediately and turn in a claim. When you have two sides giving different stories it takes the adjusters a while to sift thru everything.
A police report is just that -- a report. It is a very good tool used by claims adjusters but unless the officer witnessed the accident it doesn't mean a thing. Give your adjuster a chance to investigate this first -- it could still go your way. People lie all the time about accidents and yes, sometimes you get screwed in the process.
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Well your second portion pretty much answered it. Police often (maybe not in this case) write reports and issue tickets without having all the facts. And as I've said here a thousand times police do not make liability decisions and tickets are not what determines who is liable.Can I sue the owner of a vehicle that was stolen by a minor?
It's really common for people to grasp at straws these days to not be at fault and they'll do anything. That's why the evidence must be gathered and weighed on the scale basically. An insurance company's duty to defend its insured is greater than its duty to pay on the insured's behalf, so the insurance company has to be really sure that their insured is at fault. Obviously, if you believe that guy, that means you had a red light. If that's the case you would not get paid by GEICO, right? So they have to look into it. Chances are you will be ok. Good luck.
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If it turns out unfavorable to you and you have collision coverage with your insurance just use them, they will handle it from there.
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Take your car to get fixed, give them the claim adjusters name and phone number. Call the claim adjuster, tell her that she will need to request a copy of the police report if in fact the ticket to her insured is not proof enough, but in the mean time, did her insured have rental car insurance because your car is in the shop being fixed right now, and if she wants to play, tell her next time she can talk to your attorney! Don't take any guff from his insurance company-he hit you, case closed!More Questions & Answers ...
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