Traffic Accident, thought it was my fault, wasn't

[Greg12]

I need some help.

I had an accident yesterday in which people began turning on a yellow light and I hit the third girl in line. She was turning on yellow, i went under the light when it was yellow, so my witness will also testify. I front ended her as she was turning. She left w/o wanting a police report.

She filed a claim on my insurance even though she said she'd accept a check for the damange.

What is the best way to go on this now?

Will my insurance block her claim if me and my witness say under oath it wasn't my fault?

Should I go to law court over it? My car isn't messed up enough to claim damange plus i dont have damange coverage.

[Dr. DOS]

You were coming straight (against) her and she turned in front of you...

Her fault ... call you insurance and go over it with them.

Good luck

[tekkieman]

She left w/o wanting a police report

No report? I'll be filing a claim against your insurance today! No report, prove it!

[Greg12]

word and witness against word

[makntraks]

Are you in a "No Fault" state??? That could be a factor in this...

makntraks

[zzyzzx]

Can you draw a sketch? I don't understand.

[hech54]

If you both agreed that you will fix the damage yourselves....if at all....I don't see a problem if she isn't a dirtball....but how do you know she isn't a dirtball?
Catch 22
I hit a Mercedes once. It was a company car(his Mercedes). my car had more damage(of course). He rubbed his bumber and said he would tell anyone(if asked) it must have happened in a parking lot.
Never heard from him again....nice guy for "A Suit"(and not a law suit...he was wearing one)..
That and he had a HUGE wad of Copenhagen in his lip....thought that was funny...

[Greg12]

yes no-fault is legal in my state.

I think that's what it will come down to,

But here's a question

isn't there a law that says you are automatically guilty if you are making a left turn and there is on-coming through traffic.

[hech54]

The Pedestrian Always Has The Right Of Way.
Other than that...the laws are very vague...at least in my "No Fault" state.

[smearbrick1]

Always call the police!! Unless, of course, it's your fault and you can get away with it.

[glockjs]

never leave until a police officer comes to make a report...never. if she decided to leave that would have been on her. hit and run. at this point if you have full coverage file the claim with your insurance company they have lawyers that will fight for you. you insurance company isnt gonna wanna pay if it was her fault and they will battle her insurance company over it. best thing to do is to see your local agent right away and they will help you out with what to do.

[Greg12]

i'm talking to the agent tomorrow and see. I looked at the light and it seems in order for her to claim I ran a red light, she has to admit she ran a red light making a left turn.

[thecoalman]

isn't there a law that says you are automatically guilty if you are making a left turn and there is on-coming through traffic.

I think that's the gist of it, mileage may vary.


FYI always get a police report, doesn't matter what they say. Always get the report.... Short story... My cousin got ran off the road by some chick on a sharp corner, tore the mirror off his car. I think she had similar damage. She gets out of the car, "I'm sorry, here's my insurance... we don't need a cop. Blah,Blah ,blah, send me the bill it's my fault."

Two days later he gets a phone call from the isurance company, her story is completely different..... You can't trust no one....

[shoozleboy]

Generally, ANYONE making ANY turn across a traffic lane must YIELD right of way to the on-coming traffic (assuming both drivers have green lights or no stop signs). If she turned left across a lane that you were traveling straight through, then she failed to yield right of way and is at fault.

Because you do not have a police report - it will probably end up as a no-fault at best, if you have a witness that was not traveling in the same vehicle with you.

She didn't want the police because she would have gotten a ticket for 'failure to yield right of way". Been there, I know. I have 5 bucks that says she either has a suspended license, is a couple of points away from a suspended license and this would have put her over, or has no insurance coverage (just because they have an insurance card doesn't mean that it wasn't cancelled - again, been there - I know - got burned once)

If you have a witness who was not traveling with you, then I would fight it woth the insurance company. Like I said, at best, it will probably be a no-fault.

[glockjs]

She didn't want the police because she would have gotten a ticket for 'failure to yield right of way". Been there, I know. I have 5 bucks that says she either has a suspended license, is a couple of points away from a suspended license and this would have put her over, or has no insurance coverage (just because they have an insurance card doesn't mean that it wasn't cancelled - again, been there - I know - got burned once)

i agree.....you cant trust anybody when it comes to stuff like this, u just cant. its just a life lesson

[Greg12]

the witness was riding with me but had a different viewpoint than me. Geico is investigating as we speak.

she says her cadalitic converter is dead from the fender bender

[glockjs]

she says her cadalitic converter is dead from the fender bender

im sorry im sorry..hold on... ok im done.


yeah let her do all the talkin...thats all you need to do..she's a moron

[lordsmurf]

Also a reason to carry a camera with you in the car.

[shoozleboy]

No way! If she gets a paid claim for that, and I couldn't get my legitimate claim for a bent axle paid - then not only is she a moron, so is your insurance company for paying her. (Which I doubt they will)

(I was "t-boned" and pushed sideways across an intersection from an actually nice person who ran a red light - nice because he told the police that he ran a red light! He actually owned up to his mistake, imagine that! An Honest person... )

I'm with Glock - still busting at the sides laughing here... my wife is looking at me funny...

[shoozleboy]

Also a reason to carry a camera with you in the car.

more good advice - even a cheap one use camera in the glove box would work....

[glockjs]

Also a reason to carry a camera with you in the car.

more good advice - even a cheap one use camera in the glove box would work....

cell phones are nice now of days


i guess most people that dont know about cars wouldnt get what so funny...but every time i read that statement i cant stop from laughing

typical chick though :P

[ViRaL1]

isn't there a law that says you are automatically guilty if you are making a left turn and there is on-coming through traffic.

It's not a matter of automatic guilt, but if you're turning left across traffic with a green light, they do have the right of way.

i'm talking to the agent tomorrow and see. I looked at the light and it seems in order for her to claim I ran a red light, she has to admit she ran a red light making a left turn.

Not if she says she was already in the intersection waiting for the light to turn red.

Just playing devil's advocate. Since you had a witness you're more than likely going to win this one, but always make sure you file a police report...if you think you might be at fault. If I'm not at fault I'd just as soon keep it off my record, no points on your license, but you can believe your insurance company takes note.

[glockjs]

isn't there a law that says you are automatically guilty if you are making a left turn and there is on-coming through traffic.

It's not a matter of automatic guilt, but if you're turning left across traffic with a green light, they do have the right of way.

i'm talking to the agent tomorrow and see. I looked at the light and it seems in order for her to claim I ran a red light, she has to admit she ran a red light making a left turn.

Not if she says she was already in the intersection waiting for the light to turn red.

Just playing devil's advocate. Since you had a witness you're more than likely going to win this one, but always make sure you file a police report...if you think you might be at fault. If I'm not at fault I'd just as soon keep it off my record, no points on your license, but you can believe your insurance company takes note.

depends on the state....or wherever greg might be from...here in arizona yes its ok to be in the intersection and turn after the light changes. but i know in other states its a big no no.

[ViRaL1]

isn't there a law that says you are automatically guilty if you are making a left turn and there is on-coming through traffic.

It's not a matter of automatic guilt, but if you're turning left across traffic with a green light, they do have the right of way.

i'm talking to the agent tomorrow and see. I looked at the light and it seems in order for her to claim I ran a red light, she has to admit she ran a red light making a left turn.

Not if she says she was already in the intersection waiting for the light to turn red.

Just playing devil's advocate. Since you had a witness you're more than likely going to win this one, but always make sure you file a police report...if you think you might be at fault. If I'm not at fault I'd just as soon keep it off my record, no points on your license, but you can believe your insurance company takes note.

depends on the state....or wherever greg might be from...here in arizona yes its ok to be in the intersection and turn after the light changes. but i know in other states its a big no no.

I hadn't heard that before. How does that work? If you pull into the intersection with traffic going both ways, it's normal with any decent amount of traffic you won't be able to safely turn left until the light has turned red and cross traffic has stopped. Things may be different when a left arrow is involved.

[glockjs]

they put a 2 second delay on the lights. so there is time to go through. as long as any part of you car has passed the farthest edge of the curb before the light turns red your legal

[shoozleboy]

A lot of states (if not most or all) do not allow (by drivers code)for you to pull into the intersection and wait, it's as big a hazard as running a yellow or red.

You are supposed to wait in the turn lane until it is clear to make the turn. It's not done this way, out of haste for wanting to get somewhere fast, but impatience does not make pulling into the intersection and waiting right either. She should not have been there, period. But because she was there, she still had to yield right of way to oncoming traffic and did not.

As Glock pointed out, if you are in the intersection prior to the light changing, you are ok to continue making your turn and clearing the intersection during a red, that's obvious.

If she was sitting in the intersection, she was wrong. If she was trying to 'beat the red', she was wrong. Either way, she still had to yield right of way and did not. Being that she was 3rd in a line of cars that was turning during a yellow, I doubt she was in the intersection to begin with and was gunning it to make the turn with the cars in front of her.

Driving codes from state to state may have slight variations, mainly on speeds in different zoning areas, but for the most part the rules of the road are the same when it comes to right of ways, intersections, and other do's and dont's. In PA, the codes do not give right of way to a vehicle, it only points out who must yield right of way. Police and judges are quick to point that out (once again, been there).

[Greg12]

Greg lives in Batlimore County Maryland.