Inaccurrate Statements

[wigditty]

I was involved in a accident a while ago where I was side-swiped by another driver. Here's some context:
I had pulled out from the road my house was on when my car stalled. I restarted my car, put my blinker on , looked over my shoulder and saw nobody so I began to pull out into the roadway. Now, this is a 25mph school zone and having lived by this road for 10 years, so I am very familiar with its hazards. People speed to get their kids to elementary school every day. Almost killed the crossing guard twice! So, after the road appearing to be clear, I pulled out and was side-swiped and the impact forced me back toward the curb into another parked vehicle. The driver that side-swiped me drove over the front drivers side tire and then swerved toward the curb, then flipped her car upside down about 70 feet from my car facing me. Everybody was OK, but she told the police officer she was doing 20 mph.... after reading her statement from the accident the police officer found me at fault. My statement was that there was no way she was traveling at 20 mph and it was probably closer to 45 mph based on what I saw. Or couldn't see! The forensics officer (with the little rolling distance measurement tool) put on the report as her being 20 feet past my car which is completely inaccurate based on the pictures I took of the accident scene. My insurance is denying my claim based on the inaccurate statements of the police report and Now I may have to fix the $8,000 damage to my car AND whatever they do to decide cost on hers. What should I do here? The police didn't take any pictures, but I did. Thank God!

 

[mightymoose]

You need to speak with an attorney, or a few. Bring your pictures and a copy of the police accident report.

I'll give a couple comments just based on your information.

1. You merged into traffic when it was not clear. It does not matter that you did not see the other vehicle. You can be found at least partially at fault.

2. I would suspect the other vehicle had been exceeding the speed limit as it would be difficult for it to flip over after a sideswipe at 25mph or less. If the other driver was exceeding the speed limit then that driver may also be at least partially at fault.

3. You say YOUR insurance denied your claim. Was a claim made on the other driver's insurance? Do you have a full coverage insurance policy?

 

[wigditty]

You need to speak with an attorney, or a few. Bring your pictures and a copy of the police accident report.

I'll give a couple comments just based on your information.

1. You merged into traffic when it was not clear. It does not matter that you did not see the other vehicle. You can be found at least partially at fault.

2. I would suspect the other vehicle had been exceeding the speed limit as it would be difficult for it to flip over after a sideswipe at 25mph or less. If the other driver was exceeding the speed limit then that driver may also be at least partially at fault.

3. You say YOUR insurance denied your claim. Was a claim made on the other driver's insurance? Do you have a full coverage insurance policy?

Unfortunately my insurance denied my claim because it is "limited coverage". My insurance covers my driving to and from car shows to my parking location in a warehouse. My car is a 1965 mustang gt350 convertible. It has taken me 8 years to finish and I had just got it running that weekend.

 

[mightymoose]

Have you made a claim to the other driver's insurance?

 

[adjusterjack]

Everybody was OK, but she told the police officer she was doing 20 mph.... after reading her statement from the accident the police officer found me at fault. My statement was that there was no way she was traveling at 20 mph and it was probably closer to 45 mph based on what I saw. Or couldn't see! The forensics officer (with the little rolling distance measurement tool) put on the report as her being 20 feet past my car which is completely inaccurate based on the pictures I took of the accident scene.

I'll give you the facts of life regarding accident claims. When the statements of two drivers conflict and there are no independent unbiased witnesses the fault is determined by what is called a "presumption."

The legal presumption in your case is that you came out of a side street and your duty was to yield to vehicles travelling along the dominant street. You pulled out and got hit which means you didn't yield. Had you yielded you wouldn't have gotten hit.

The presumption is almost impossible to overcome without witnesses. Your belief that she was speeding is a common defense mechanism of drivers who are negligent. It is biased and self serving and given little or no credibility.

Unfortunately my insurance denied my claim because it is "limited coverage". My insurance covers my driving to and from car shows to my parking location in a warehouse. My car is a 1965 mustang gt350 convertible.

Wait. You have collector car insurance? Most collector car policies are a little more liberal than "driving to and from car shows to your parking location in a warehouse."

With what company are you insured?

What, exactly, does the policy limitation say? Quote it word for word.

What was the purpose of driving it that day?

Anyway, your $8000 worth of damage is well within the CA small claims limit so you are free to sue the other driver and try to convince a judge that she was at fault.

 

[wigditty]

I'll give you the facts of life regarding accident claims. When the statements of two drivers conflict and there are no independent unbiased witnesses the fault is determined by what is called a "presumption."

The legal presumption in your case is that you came out of a side street and your duty was to yield to vehicles travelling along the dominant street. You pulled out and got hit which means you didn't yield. Had you yielded you wouldn't have gotten hit.

The presumption is almost impossible to overcome without witnesses. Your belief that she was speeding is a common defense mechanism of drivers who are negligent. It is biased and self serving and given little or no credibility.



Wait. You have collector car insurance? Most collector car policies are a little more liberal than "driving to and from car shows to your parking location in a warehouse."

With what company are you insured?

What, exactly, does the policy limitation say? Quote it word for word.

What was the purpose of driving it that day?

Anyway, your $8000 worth of damage is well within the CA small claims limit so you are free to sue the other driver and try to convince a judge that she was at fault.

That's exactly what I thought. Thanks

 

[zddoodah]

In what state did this happen?

the police officer found me at fault.

This is a completely meaningless thing. It is not the job of a police officer who did not witness an accident to find anyone at fault. Such a conclusion completely inadmissible in court.

My statement was that there was no way she was traveling at 20 mph and it was probably closer to 45 mph based on what I saw. Or couldn't see!

Unless you've had training in speed recognition, your speculation about how fast anyone other than you was going is meaningless.

My insurance is denying my claim

Denying your claim against what coverage? If you have collision coverage, fault is irrelevant. If you don't have collision coverage, then you have no coverage for your own vehicle regardless of fault.

Now I may have to fix . . . whatever they do to decide cost on hers.

Who are "they"? If your insurance company determines you were at fault, then your liability coverage will pay to fix the damage to the other driver's vehicle. You won't have to come out of pocket for that.

What should I do here?

Among other things, you can sue the other driver and let the court determine who was or wasn't at fault.

Unfortunately my insurance denied my claim because it is "limited coverage". My insurance covers my driving to and from car shows to my parking location in a warehouse. My car is a 1965 mustang gt350 convertible. It has taken me 8 years to finish and I had just got it running that weekend.

So...in addition to everything else, you were driving a car without proper insurance coverage?