Need some advice. Serious (car)

[Lager]

Family member got into an accident. He was making a left turn on green and was hit by old lady on the driver side of his car. The old lady was going straight and ran a red light.

They both have the same insurance company. Even though she was at fault, her insurance rep is denying liability. He filed a police report but they are still looking for more evidence. He says light disputes are inconclusive. What can he do?

 

[Lager]

Please serious answers guys. Thanks.

 

[minendo]

Find a witness.

 

[NutBucket]

Failing that he loses. What does the police report say?

 

[nsafreak]

I agree with mimendo, find a witness. Would you happen to be in an area where there are cameras mounted on the traffic light poles? No, not necessarily the ones that snap a picture if somebody goes through a red (although that'd be great here) but in my area we have them and they seem to just record traffic at all times. Might want to consider hiring an attorney as well if your insurance company tries to push it.

 

[Lager]

Originally posted by: NutBucket
Failing that he loses. What does the police report say?

The police report says that I was making a left on the green light (protects me from oncoming cars my left and right) and she says the light was yellow when she ran it.

He will hire an attorney.

nsafreak, the area doesn't seem to have cameras attached to it.

 

[NutBucket]

Originally posted by: coldcut

Originally posted by: NutBucket
Failing that he loses. What does the police report say?

The police report says that I was making a left on the green light (protects me from oncoming cars my left and right) and she says the light was yellow when she ran it.

He will hire an attorney.

nsafreak, the area doesn't seem to have cameras attached to it.

It was a protected green? Hmmm. Were you the first car in line to make a left? I was in a similar accident but I had already completed my turn.

 

[ddwbi0]

Originally posted by: coldcut

Originally posted by: NutBucket
Failing that he loses. What does the police report say?

The police report says that I was making a left on the green light (protects me from oncoming cars my left and right) and she says the light was yellow when she ran it.

He will hire an attorney.

nsafreak, the area doesn't seem to have cameras attached to it.

if thats the case, then dont even bother hiring an attorny. You had the green you had right of way. Yellow means prepare to stop, not run through as fast as possible.

EDIT: If she said herself that the light was yellow, then she just screwed herself. If she had said it was green, then it'd be your word against hers.

 

[Lager]

Originally posted by: ddwbi0

Originally posted by: coldcut

Originally posted by: NutBucket
Failing that he loses. What does the police report say?

The police report says that I was making a left on the green light (protects me from oncoming cars my left and right) and she says the light was yellow when she ran it.

He will hire an attorney.

nsafreak, the area doesn't seem to have cameras attached to it.

if thats the case, then dont even bother hiring an attorny. You had the green you had right of way. Yellow means prepare to stop, not run through as fast as possible.

That is what I'm trying to argue. We both have the same insurance company.

 

[lancestorm]

How could he be hit on the driver's side by the old lady? Either he got hit on the PASSENGER side, or he hit the old lady's driver side!!!

 

[minendo]

Originally posted by: ddwbi0
if thats the case, then dont even bother hiring an attorny. You had the green you had right of way. Yellow means prepare to stop, not run through as fast as possible.

EDIT: If she said herself that the light was yellow, then she just screwed herself. If she had said it was green, then it'd be your word against hers.

Yellow means proceed with caution. She would have the right of way since she was going straight.

 

[Rufio]

makes no sense.
how is her light yellow and yours is green?

traffic lights don't overlap when they change!! rectify!!!

 

[nsafreak]

Originally posted by: coldcut

Originally posted by: NutBucket
Failing that he loses. What does the police report say?

The police report says that I was making a left on the green light (protects me from oncoming cars my left and right) and she says the light was yellow when she ran it.

He will hire an attorney.

nsafreak, the area doesn't seem to have cameras attached to it.

Darn, if they are there you can spot them pretty easily so I guess no help with those. See if the lawyer has a crash analyst in his office or if the police department does. They can usually take data from the scene of an accident and help in showing who's at fault.

 

[MercenaryForHire]

During the cross-examination, ask the old bat if there was anyone making a left turn from the other side of the street, or if any other cars had gone through the intersection. Then ask her again later. Watch the fabricated stories mismatch, draw attention to it, and presto, her credibility goes to sh!t.

Also, were there any notes on the police report about skidmarks - ie was she trying to stop (lending credit to her story about victim jumping the green) or was she racing through the red?

Glad your brother/father/uncle/cousin/other male family member is okay. Could have been a lot worse.

- M4H

 

[v3rrv3]

Did he have a green light or a green arrow? If it's a green light he'd be the one at fault I'm thinking.

- Kevin

 

[Regs]

Where the cops called right after the accident? If not, SOL until you find a witness.

I mean, the fact that he got hit on the driver side while turning right, just after the light turned green, is proof enough for the police to find it in-conclusive without a witness stating she blew the red light.

If he got hit in the rear-end, it would of been a different story all together.

I'm trying to put myself in his position. And one thing comes to mind, even if the old gas bag blew the red light, how do you not see that car coming? Yes the light was green, but even so, the car must of been all ready in the intersection for it to hit his driver side when he turned right.

I, personally, would of have to had my eyes shut not ot see it coming. Not to say it's his fault. But you got to admit, it's a rookie mistake. What if a fire truck was coming? He would of been dead.

 

[JeffreyLebowski]

If he had a green light, not green arrow, then it would be a 50/50 accident. A green light(not arrow) means for you to be catious and only proceed when safe. A green arrow tells you it is safe and all other straight lines of traffic and any intersecting traffic is halted by red lights.

This is all stuff i learned studying for the police exam in texas, the laws might be different regarding this in your area but they can't be much different.

Also, from experience, some insurance companies will assign fault to both parties if both parties are insured by the same company. That is why i left State Farm. I was parked in a parking lot and someone backed into my car, so now i am fighting the insurance company to have them remove the accident from my record as being at fault.

 

[MercenaryForHire]

Originally posted by: lancestorm
How could he be hit on the driver's side by the old lady? Either he got hit on the PASSENGER side, or he hit the old lady's driver side!!!

you suck @ teh spatial perception

- M4H

 

[Zenmervolt]

Originally posted by: lancestorm
How could he be hit on the driver's side by the old lady? Either he got hit on the PASSENGER side, or he hit the old lady's driver side!!!

No. 4-way intersection. Imagine this set-up: He is initially going North, making a turn on a protected green, after the turn he will be headed West. The woman is heading East, runs her red light and hits him in the driver's side as he is part-way through his turn.

ZV

 

[Zenmervolt]

Originally posted by: JeffreyLebowski
If he had a green light, not green arrow, then it would be a 50/50 accident. A green light(not arrow) means for you to be catious and only proceed when safe. A green arrow tells you it is safe and all other straight lines of traffic and any intersecting traffic is halted by red lights.

This is all stuff i learned studying for the police exam in texas, the laws might be different regarding this in your area but they can't be much different.

Also, from experience, some insurance companies will assign fault to both parties if both parties are insured by the same company. That is why i left State Farm. I was parked in a parking lot and someone backed into my car, so now i am fighting the insurance company to have them remove the accident from my record as being at fault.

No, she was not on-coming, she was coming from the side. She would have had a red light even if it wasn't a green arrow (proper term, "protected left").

ZV

 

[MercenaryForHire]

Originally posted by: Regs
Where the cops called right after the accident? If not, SOL until you find a witness.

I mean, the fact that he got hit on the driver side while turning right, just after the light turned green, is proof enough for the police to find it in-conclusive without a witness stating she blew the red light.

If he got hit in the rear-end, it would of been a different story all together.

I'm trying to put myself in his position. And one thing comes to mind, even if the old gas bag blew the red light, how do you not see that car coming? Yes the light was green, but even so, the car must of been all ready in the intersection for it to hit his driver side when he turned right.

I, personally, would of have to had my eyes shut not ot see it coming. Not to say it's his fault. But you got to admit, it's a rookie mistake. What if a fire truck was coming? He would of been dead.

LEFT GOD DAMMIT, HE WAS TURNING LEFT.

- M4H

 

[MercenaryForHire]

Originally posted by: Zenmervolt

Originally posted by: lancestorm
How could he be hit on the driver's side by the old lady? Either he got hit on the PASSENGER side, or he hit the old lady's driver side!!!

No. 4-way intersection. Imagine this set-up: He is initially going North, making a turn on a protected green, after the turn he will be headed West. The woman is heading East, runs her red light and hits him in the driver's side as he is part-way through his turn.

ZV

Exact same described situation ... it's like subtitles for my pic! :Q

- M4H

 

[Zenmervolt]

Originally posted by: Regs
I, personally, would of have to had my eyes shut not ot see it coming. Not to say it's his fault. But you got to admit, it's a rookie mistake. What if a fire truck was coming? He would of been dead.

It's "would HAVE" damnit. Blasted public schools.

ZV

 

[Fausto]

Originally posted by: MercenaryForHire

Originally posted by: Zenmervolt

Originally posted by: lancestorm
How could he be hit on the driver's side by the old lady? Either he got hit on the PASSENGER side, or he hit the old lady's driver side!!!

No. 4-way intersection. Imagine this set-up: He is initially going North, making a turn on a protected green, after the turn he will be headed West. The woman is heading East, runs her red light and hits him in the driver's side as he is part-way through his turn.

ZV

Exact same described situation ... it's like subtitles for my pic! :Q

- M4H

I fail to see how there is any wiggle room for this woman. If he had a green light, her light had to be red. So, she ran the light and hit him while he was making a legal left. She's at fault, end of story. It'd be different if she were heading South in Zem's setup as there would be a right-of-way issue, but that's not the case.

 

[MystikMango]

Get yourself a lawyer.

Don't rely on your insurance company to make the judgement call thinking they are going to do it with you in mind. Remember the insurance company doesn't work for you, they work for themselves in the long-run. They are going to back the person that is going to cost them less to reimburse.

Lawyers are going to take %30-%40 of the settlement, so when you sue, ensure that you sue enough to pay all the fees, get the car fixed, cover medical expenses and reimburse you for all the trouble involved.