So this weekend I was involved in an accident where I was approaching an intersection and the opposing left turn lane car went into my lane and clipped the front and side of my driver side.

I was arguing that it was a yellow and the opposing drive was arguing it was red. Fine, we both agreed to bring a police officer to the scene. Police officer sides with me because regardless, the car making the left would have to wait for the intersection to clear before making a left and states that he could give the other driver a ticket and he recommend that we report it the collision centre instead.

After the dust settles, my insurance company (State ****) is saying I'm 50% at fault because the other driver states in his report that I ran a red. I nearly fell off my chair when I heard this. What are my options? Has anyone else have to deal with a 50% at fault when it was completely the other driver's fault?

Unfortunately I do not have the officer's name or offical report at the scene.

What are my options? I want to leave State Farm after all this. It's very upsetting.

 

Holy crap!
Dude, I know when the accident happens the last thing you're remembering is taking down peoples names and insurance #'s and all that, but you gotta get something and go back to State Farm so they can clear it from your record.

Insurance companies are always out to screw you over. They never want to co-inside with you.

 

I just can't believe that State Farm is using the other guy's report against me so they can gouge me with higher rates and ease the settlement with the other insurance company.

I just talked directly with my insurance agent to talk to State Farms claims deparment.

My car is essentially a write off with an est $5000 in repairs by the collision centre. I have a feeling after I pay my deductible (50% of it) that I'm left with a few bucks for the loss of my car.

I guess my only option is to get State Farm to dish out the money to fix my car so I have a car in the end. Car shopping is a headache.

 

Wow. This is what happened to me.

I was making a left on a rainy night. I waited for the light to turn red because I knew it was slippery. It went red, I saw a car slowing down, I went. The other person saw me not go and decided to floor it, thinking I was waiting for them. I went, she hit me, I was at fault, 100% apparently. I said she went through the light, she said she went through the light to me and my parents when they came. The cops showed up, and so did her husband, and her story changed. So, after it all, my insurance company (Allstate) said that I was at fault because I was making the left.

I should have grabbed a witness, but they all drove off.

 

I got hit by someone running a red while I was making a left turn 20 years ago - and I had witnesses - I was still 100% at fault as far as insurance goes. You need to push this hard with your insurance co - as you and others have suggested, the weasels tend to go for 50/50 so essentially neither company pays, and both companies raise their driver's rates. Similar happened to me a couple years ago, and about 10 years ago, where the other driver was clearly at fault under the law and yet because they made ****-eyed claims about what I was doing (which weren't consistent with the damage to my vehicle), insurance was going to fault me in both cases, but I just kept arguing it and arguing it and not letting it go. If necessary, let your own company know you will sue THEM for your coverage.

I could go on - my aunt and uncle were hit years ago by a drunk driver running a red light (totaled the car) while they were turning on a green arrow - 100% their liability nonetheless, you are always, always at fault if you have an accident while making a left turn.

 

the only time you will ever be found not at fault is when you are rear ended, or there is a mechanical failure

no matter what the circumstances, there is always something that could have been done differently, that's unfortunately the way it goes

 

i guess it's a learning experience. next time I won't be so nice and ask tickets to be handed out. If I'm the party 'at fault' *knock on wood* I'll just play nice and take it to the collision centre and make up any story saying that they hit me.

**** being honest.

 

I BEG TO DIFFER!!!!! I'm going to court right now, literally today, at 1:20 to go fight a careless driving ticket where I rear ended someone. Now this someone happened to run a red light, making a right hand turn, cut over to the far side in their turn, and i incidentally rear ended them, expecting the person to stay in their lane. Now I respectively, IMO, did a good job of slowing down to a underneath 20km/h as no airbags went off. HOW AM I AT FAULT FOR THAT??

sorry, I know it's off topic, but it leads me to your topic. My insurance (AllState) said if my the ticket is waived there's a chance of changing that around. So If there was a ticket laid, you shouldn't have a problem, no ticket, and then your arguing for a long time. But hold in there, I know I would be.

I'm only 21, and at my age any ticket is a nightmare, which is why I drive like grandpa joe, but all these stupid civics screw everything up for us.

 

If there was a Police Officer at the Scene then you may be able to go to the Precinct Closest to the accident site to ask if the Dispatcher has a Log of who they called to the scene.
Who called the Police?..YOU ?then call them back and try to find the officer by that phone Number.
..Suggestion: get a Hold of Our "faithful Rotary Lawyer".Charn....(Scrappydoo).Maybe he can give you a Suggestion.
Charn..play nice!!..haha
Cheers Dave/STYX.

 

Sorry, I just re-read this. Mr. ButtHair, ask them to prove that you ran through a red light. Simply put, they can not, unless there is a red light camera. So that is an absolutely absurd thing to say, that you going straight was your fault.
We need government insurance in Ontario. It kicks way more ***!

 

When you know it's not your fault don't go through insurance most people are willing to just pay you and you go your separate ways all that's going to happen even if it's not your fault in most cases is your insurance will go up and when the dust settles you payed more in premiums than you would of for your repair. Insurance is bullshit the only time you need it is when you get pulled over by a cop or you're car is immobilized from an accident.

 

i agree drez.

the reason why i mentioned the red light was because the person i rear ended essentially ran the light, and the cops said there was nothing they could do about it without seeing it.

 

This only works if the other person acknowledges they are at fault - which is increasingly not the case - especially when the insurance system trains people like myself, and the OP, and djphonics that the reward for being honest is - getting screwed over on your damages and higher premiums when the other, at-fault person decides to say they didn't run the light or whatever screw-up they did to cause the accident. This has happened to me three times now. So now, despite being scrupulously honest, I'm not sure if I'm at fault at some point in the future I will admit my mistake, or make up some bullshit of my own. Because the bullshitters get rewarded by not getting tickets or full/fair liability assigned to them for the accident.

If it's not a serious injury/death accident, police devote zero time to figuring out who might have been in the right (understandable, it's not like real police forces have unlimited investigative resources and time, unlike CSI and TV generally).

 

This is the type of **** that drives me insane about insurance, laws etc. I would straight up tell my insurance company to go **** themselves and that I'm suing them. That and State Farm are a bunch of ******* crooks anyway...they quoted me 4300 for 6 months for my 7 I nearly **** my pants...I was like "Seriously?" Who in the hell would pay 8600 bucks a year?

 

wow this is really insane!!

 

Like the red door, red fender and bondo job under the sideskirt on the (white)vehicle I bought off you.. The vehicle I was told by you wasn't in an accident.

It's nice to see you on 7 club again, though....its been what, 1 1/2 years?

 

buddy, car was not involved in an accident when I had the car and I didn't do any body work. I even had the carfax for your reference.

I was very straight with you on what the car needed. i.e oil cooler line, passenger side door weather stripping and I didn't even have the kick panel or sideskirt on to disclose everything. You even inspected the car and test drove it no?

And how much did you buy the car again? Did the price not reflect that?

Yeah it's been 1.5 years now. If you had anything to resolve with me then I think you're abit too late.

 

Terrh told me the car wasn't in an accident, and he's got no reason to lie. I fiqure one of you is wrong/lying. Anyways, I meant is as a sarcastic comment, it appears to have been more negative than I thought.

- You did tell me what it needed
- Nothing was hidden, however it was clear it was in an accident, which is why I checked for any other body/frame damage onsite
- If I was upset, you'd have known it.

With that said, I never did see the carfax.


Anyways, It doesn't matter. Like you said it is well in the past, and the car is stripped down to the windshield so it's not like I wont be fixing it.