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View Full Version : Declared liable in an accident that wasn't my fault-and had a witness?


brooksley
Apr 20, 2012, 07:48 AM
I was waiting to go north at a busy intersection with protected left turn lanes. After my light turned green, I waited for a couple cars to finish turning, and then started going. An SUV sped up definitely after their turn arrow had turned red, and I hit them while riding my scooter. Luckily, I wasn't seriously injured, and I had a witness who was waiting for the walk sign to cross from the direction I was traveling in, so she saw everything. This was Christmas eve, and I just got a letter from the other party's insurance company saying that they found their client to not be liable, and were denying my claim. (the other party had even asked if they could pay for it out of their own pocket after the accident, so I didn't think there would be an issue)
I called the agent yesterday, who said that the reason they decided against me was that, and this is almost verbatim, I had him repeat it later-their client was ”adamant” their light was green. I asked about the witness, and he said it was their decision whether to use a witness' statement when making their judgment. I believe he had already lied once during the investigation process and told me he couldn't get a hold of my witness, but when I spoke with her later, she said she had been leaving them messages.
I only had collision coverage, but regardless, this doesn't seem fair to me, and maybe not even legal... my vespa is totaled, I've had to walk/ride the bus (which is way more expensive than putting gas in a scooter) around Los Angeles every day since the accident happened, but even if I could sue for physical damages, I know that wouldn't come to enough to make it worth paying for a lawyer.
Is there anything else I could sue for, besides injuries, that would make it so I could get one? If not, I was thinking of taking it to small claims and also filing a complaint with the Department of Insurance.
Does anyone have advice about any of this? I've never been in this situation before and am just really lost and honestly pretty upset!

Fr_Chuck
Apr 20, 2012, 09:35 AM
Of course their insurance company will deny the claim, that is their job to pay as little as possible out if they think they can get away with it.

So you sue the other person for damages, if you win, they have to pay ( or their insurance company has to pay) This is a every day thing.

brooksley
Apr 20, 2012, 08:35 PM
I've just always tried to 'do the right thing' and immediately admitted it when an accident was my fault. I've never been on this end of things, so I really just didn't know. Thanks!

ScottGem
Apr 21, 2012, 03:59 AM
First you put in a claim to your carrier. They will pay repair/replacement costs for the scooter less your deductible. They will then go after his insurer.

If you want to reimbursed for further damages, you will have to sue.

AK lawyer
Apr 21, 2012, 04:30 AM
... I only had collision coverage, ... my vespa is totaled, ...
Is there anything else I could sue for, besides injuries, that would make it so I could get one? ...

Sue the other driver for the value of your Vespa, plus the cost of alternatative transportation from the date of the accident until the date of judgment.

By " get one", do you mean get a lawyer? No, I doubt that an attorney will be willing to take this case on a contingent fee, without serious physical injury. You will have to take this to small claims court yourself.

Fr_Chuck
Apr 21, 2012, 07:31 AM
If I understand you do not have full cover just liability to your insurance would not pay for your scooter unless you have full coverage.

But this is just common you have not been declared liable, ( only a court can do that) their insurance is merely refusing to pay, and they are saying it is your fault by what their driver said, that is their job, to protect their driver, they are not on YOUR side, not even there to do what is right, they are there to do what they have to do by law.

So by law, they can listen to their driver and refuse to pay you.

You then sue the other driver and force them to pay.

brooksley
Apr 21, 2012, 09:44 AM
Thanks, all! Your responses have been very helpful. I didn't know that I could potentially get reimbursed for alternative transportation (and since this has dragged on for so many months, that has hurt a little), or that the other company's decision in the case isn't binding. Looks like I'll be off to small claims... if my understanding is correct, that means I have to take the people who were involved in to court, and not the insurance company, though the insurance company will be responsible for the settlement if I win the case?

Fr_Chuck
Apr 21, 2012, 09:48 AM
correct, you sue the other driver, often when you do this, the insurance may make a settlement offer. Be sure to have values, find scooters for sale just like the one you had, same year and so on, and have that as proof of value.

excon
Apr 21, 2012, 09:49 AM
if my understanding is correct, that means I have to take the people who were involved in to court, and not the insurance company, though the insurance company will be responsible for the settlement if I win the case?Hello b:

You sue the people who were involved. They'll turn it over to their insurance company to defend and/or settle.

excon

ScottGem
Apr 21, 2012, 10:09 AM
Did you make a claim against your carrier? You said you only had Collision, but Collision coverage should cover the cost or repair or replacement of the scooter (less a deductible). However, if you only had liability, that that would only cover the other driver making a claim against you. You should still check with them because they may help you with a law suit.

brooksley
Apr 21, 2012, 03:34 PM
Oh, no- sorry! Just goes to show how little I know about all this. Yeah, I meant liability. The agent from my company is going to send me a copy of my original statement, but beyond that, just recommended I take the case to small claims.