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-   -   Involved in accident without insurance but she had insurance (https://www.askmehelpdesk.com/showthread.php?t=100931)

  • Jun 13, 2007, 09:09 AM
    mrsfrank
    Involved in accident without insurance but she had insurance
    I live in PA. An older lady hit my car per the police report it states that she turned directly into my driverside of my car as I had the right of way. My car was damaged & I was hurt. I contacted my insurance company they told me my policy cancelled 3 days before the accident but its OK now because I made my payment. But they informed me that I must contact her insurance company for my medical & car to get fixed. Can I go after her insurance company to get my medical & car fix? Will they pay for my damages?
  • Jun 13, 2007, 09:14 AM
    tamed
    They should do but it may be prudent to get a medical report first.
    Good luck, sorry to hear about your accident.
  • Mar 3, 2008, 10:21 PM
    insuranceconsult
    If the liability is clear that she is at fault for the accident, the other insurance company should take care of your damages and injuries. It looks like the police report states fault, so it should be okay. Did you have any witnesses? I'd rather be safe than sorry. Protect yourself as much as you can in securing the facts of the accident. If the other company contacts you regarding the facts of the loss, make sure you have your story together before the call. Hopefully this helps. Let me know if you need further help.
  • Mar 4, 2008, 06:50 AM
    JudyKayTee
    Quote:

    Originally Posted by insuranceconsult
    If the liability is clear that she is at fault for the accident, the other insurance company should take care of your damages and injuries. It looks like the police report states fault, so it should be okay. Did you have any witnesses? I'd rather be safe than sorry. Protect yourself as much as you can in securing the facts of the accident. If the other company contacts you regarding the facts of the loss, make sure you have your story together before the call. Hopefully this helps. Let me know if you need further help.


    This is a June 2007 posting, long inactive.

    (Just for the record it has been my experience that the finding of the Police concerning fault pretty much is useless because they are after the fact witnesses. Eye witnesses prove what happened.)
  • Mar 4, 2008, 09:58 PM
    insuranceconsult
    Quote:

    Originally Posted by JudyKayTee
    This is a June 2007 posting, long inactive.

    (Just for the record it has been my experience that the finding of the Police concerning fault pretty much is useless because they are after the fact witnesses. Eye witnesses prove what happened.)


    Yes, I agree. Both police reports and witnesses can be unreliable. A strong police report does help though, perhaps it makes the difference in this case.
  • Mar 8, 2008, 09:30 PM
    N0help4u
    For future reference, if she was making a left hand turn in PA that makes her automatically at fault NO questions asked.
    It STINKS but the way it is!
  • Mar 9, 2008, 07:34 AM
    JudyKayTee
    Quote:

    Originally Posted by N0help4u
    For future reference, if she was making a left hand turn in PA that makes her automatically at fault NO questions asked.
    It STINKS but the way it is!


    I have worked in Pennsylvania and this has not been my experience. It's been yours?
  • Mar 9, 2008, 12:50 PM
    N0help4u
    Yes! They made the law I guess within the past 10 yrs.
    I know a lot of people that are not happy with it.
    My neighbor was making a left hand turn out of a car wash a guy came speeding out of nowhere and broadsided her. Her car spun circles at least two or three times.
    Her fault cause she was making the left hand turn.

    My daughter was making a left hand turn on a yellow light.
    A guy came speeding around a blind curve and had to have gone through a red light
    Geico said her fault --left turn

    I hear these stories ALL the time.
  • Mar 9, 2008, 12:55 PM
    JudyKayTee
    Quote:

    Originally Posted by N0help4u
    Yes! They made the law I guess within the past 10 yrs.
    I know a lot of people that are not happy with it.
    My neighbor was making a left hand turn out of a car wash a guy came speeding out of nowhere and broadsided her. Her car spun circles at least two or three times.
    Her fault cause she was making the left hand turn.

    My daughter was making a left hand turn on a yellow light.
    A guy came speeding around a blind curve and had to have gone through a red light
    Geico said her fault --left turn

    I hear these stories ALL the time.


    I'll have to take a look at PA law tomorrow - I do know Pennsylvania is somewhat different from NY (where I am) because of the 51% rule which is: "a damaged party cannot recover if he is 51 percent or more at fault, but can recover if he is 50 percent or less at fault. Again, the recovery would be reduced by degree of fault." Sort of half a comparative negligence law.

    I can't find anything about left-hand turns at all.

    (Here if you turn on a yellow you have a problem unless you "own" the intersection at the time the signal turns.)
  • Mar 9, 2008, 01:04 PM
    N0help4u
    Here everybody goes through yellow lights and it makes you afraid to stop.
    You have no idea how many hundreds of times I am going through the yellow and know it had to have turned red before my car was totally past the light and there are 3 to 5 cars behind me coming through. Now I have known of three incidences (one being me) where the police
    Gave tickets for being in the middle of the intersection when the light was yellow.
    NOW I swear I am going to stop at yellow lights cause I do not want another and I need new back van doors anyway.:rolleyes:
  • May 6, 2008, 01:44 PM
    Hundalei
    I think NoHelp4U probably has a good idea what they are talking about if they live in the state. I would also trust them as they have the most posts out of anybody on this thread. You guys should really start to listen to people at face value instead of questioning them (with such a negative I know your wrong kind of tone) as it turns people off. Also does it really matter if someone responds to a post that is a year old. I found this question today, and am finding it interesting. If you don't want people answering old questions, then find a way to remove them, insteading of chastising the helpful user. Kudos to Tamed and InsuranceConsult.
  • Feb 8, 2011, 05:35 PM
    EricEstr
    How to prove excessive speed caused a car accident verses a car making a left turn
    I was involve in a car accident. The posted speed limit was 50mph. I was heading N ,straight going through the intersection while a car on the S bound lane made a left turn in my path , both vehicle had collided causing my suv to rollover. A couple of days had gone by and police interview me for the report asking me how fast was I driving. "I said", 40mph due to congested traffic. The police state to me, that he believes that I was speeding because there was no skid marks that ,y car left behind. I ask How is that? Because your suv rolled over. No ticket were issue.police says he can't give me a ticket for speeding because he has no proof of what speed I actually was traveling, but has an opinion that I was doing more. My ins. Couple declared a 50/50. How is it 50/50 when there is know radar detecting my actual speed. But there is evidence that the other driver made a left turn in my path? How can I be half at fault, when the laws say you must yield to all incoming approaching vehicles.
    How do you prove speeding above 50 mph with out any skid marks? Does no breaking or skid marks means I was speeding? How can you say because your suv rolled over its your fault ? When statistics shows that suv is prone to rollover driving at 30 mph. Ford explore are prone to rollover with out speeding?
  • Feb 8, 2011, 05:46 PM
    JudyKayTee

    I answered this on your other thread.

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