Auto catastrophe not my shortcoming, how will this work out?
I was surrounded by a wreak Monday. This guy failed to relinquish at his yield sign, next he illegally crossed 3 lane of traffic to get to the side street across the key street. Here's a drawing of the accident. I'm driver #2 and he's driver #1 http://pic20.picturetrail.com/VOL1423/97...
He be found at fault, and issued a citation for substandard to yield right of path. I had to dance to the hospital because I'm 34 weeks pregnant, and I started having cramps that turned into contractions. They stopped my labor, and sent me home yesterday.
I call his ins. and they said he was disputing reprimand. It's clearly his fault, so will I hold any problems getting his ins. to pay for damages? I enjoy full coverage, but I can't afford the deductible right now. So how will this work out?
Answers: First rotten, I hope all is very well with you and your babe-in-arms.
Secondly, thanks for the diagram. I yearning more people would include them. It make it a lot easier for us claim adjusters to furnish good answers.
I enjoy handled copious claims like this over the years, so I'll throw surrounded by my two cents on this one.
In most states each driver can be held moderately responsible for an accident (except for a straight rear-ender). The endorsed concept is called "comparative negligence." (comp neg)
Under comp neg the reality that other driver will be found to be at-fault does not automatically mean they are 100% at-fault. It newly means they are more than 50% at-fault.
From looking at your diagram, we can assume that he erstwhile to yield to your right-of-way (ROW).
You have the ROW, however that does not mean that he is 100% at-fault. I don't enjoy the benefit of the police report or statements from the drivers, but I can see a small amount of comp neg on you. (5% to 15%) The reason is that the other driver crossed two lane of traffic before the impact. If I be the adjuster for the other driver I could be argue that you had comp neg for "unacceptable lookout." Most states have law that state that the driver with the ROW have to still drive with precision and caution and be prepared for somebody to violate their ROW. The ROW driver is supposed to preserve a lookout for idiots. This is where the unacceptable lookout can come in.
Now that I hold probably made you mad, permit me suggest the following in instruct to help take your car fixed ASAP. Make a claim to your own company lower than the collision coverage. You're right about the deductible, but within is a way to agreement with that. Let's read aloud that you have a $500 deductible. The body shop will expect you to rate them that when you go pick up your coup¨¦.
I suggest you ask the other drivers adjuster what they see the comp neg % at. Let's say they make clear to you they think you are 15% at-fault for the disaster and they offer you 85%. Tell them that you are going to collect from your own collision coverage but that you want them to clear the 85% of your deductible "up front." That way you will receive $425 from them, which leaves you only need to come up with $75 instead of $500 when you dance pick up your car.
There are some things to save in mind BEFORE you attempt this character of settlement.
1) talk to your own adjuster to see what they expect the comp neg % is so you know that the % the other company offers is legit.
2) please hold on to in mind that the at-fault company does not hold to pay your deductible "up front." I do it adjectives the time just because it is easier and keep people a moment or two happier and they don't take up a ton of my time screaming at me on the phone.
Good Luck
I can not answer, I do not enjoy related documents to verify your story, nor details of other driver. There is a lot to consider, and you may be surprised at the final results!