Ask Me Help Desk - I was served papers regarding an auto accident .

I was served papers regarding an auto accident I had over 2 years ago. I had vehicle insurance. The policeman never came to talk to me, he talked to the other guy the whole time. I never received any citation or violation at all, there was no traffice light to direct traffic, and there was caution lights for vehicles to slow down on the main street to allow intersecting traffic coming from the hospital which was where I was coming from. I was hit in the drivers rear door when I was making a left onto the main road.

The gentleman that hit me was going too fast and did not pay attention. If he was not speeding or was paying attention, He would not have hit me. I went to the hospital to be checkout out, the gentleman was outside his vehicle and was screaming and carrying on. My insurance informed me that it was taken care of , and I was surprised to hear that they were paying without further investigation and they said that I did not have the right of way. I assumed everything was OK but was not happy about the whole incident because the police never bothered to talk to me at all. It was probably a case where he knew the other driver, I was new in the area and knew no one.

My car was paid off and was all I had. My car was a loss and now I rely on my boyfriend to get me to work. I am really scared and would like some advice.

Thank you

Quote:

Originally Posted by pwjbab

I was served papers regarding an auto accident I had over 2 years ago. I had vehicle insurance. The policeman never came to talk to me, he talked to the other guy the whole time. I never received any citation or violation at all, there was no traffice light to direct traffic, and there was caution lights for vehicles to slow down on the main street to allow intersecting traffic coming from the hospital which was where I was coming from. I was hit in the drivers rear door when I was making a left onto the main road.

The gentleman that hit me was going too fast and did not pay attention. If he was not speeding or was paying attention, He would not have hit me. I went to the hospital to be checkout out, the gentleman was outside his vehicle and was screaming and carrying on. My insurance informed me that it was taken care of , and I was surprised to hear that they were paying without further investigation and they said that I did not have the right of way. I assumed everything was ok but was not happy about the whole incident because the police never bothered to talk to me at all. It was probably a case where he knew the other driver, I was new in the area and knew noone.

My car was paid off and was all I had. My car was a loss and now I rely on my boyfriend to get me to work. I am really scared and would like some advice.

thank you

The other vehicle had right of way, regardless of there being "caution" lights. Unless the cross traffic had a stop sign or a red light, then it was your job to yield, not theirs.

If you are getting served papers, call your insurance and find out how much they paid out to the other party. Your coverage may not have paid enough to cover all of the damages caused in the accidents, which is why you're now being served papers. I'd also get a copy of the police report regarding the accident; you can never have too much information.

I'm curious as to why your insurance was willing to pay out when you state that you were never found at fault for anything. From my experience, when no one is ticketed or found to be at fault, neither party will get anything.

Quote:

Originally Posted by pwjbab

I was served papers regarding an auto accident I had over 2 years ago. I had vehicle insurance. The policeman never came to talk to me, he talked to the other guy the whole time. I never received any citation or violation at all, there was no traffice light to direct traffic, and there was caution lights for vehicles to slow down on the main street to allow intersecting traffic coming from the hospital which was where I was coming from. I was hit in the drivers rear door when I was making a left onto the main road.

The gentleman that hit me was going too fast and did not pay attention. If he was not speeding or was paying attention, He would not have hit me. I went to the hospital to be checkout out, the gentleman was outside his vehicle and was screaming and carrying on. My insurance informed me that it was taken care of , and I was surprised to hear that they were paying without further investigation and they said that I did not have the right of way. I assumed everything was ok but was not happy about the whole incident because the police never bothered to talk to me at all. It was probably a case where he knew the other driver, I was new in the area and knew noone.

My car was paid off and was all I had. My car was a loss and now I rely on my boyfriend to get me to work. I am really scared and would like some advice.

thank you

Couple of questions to be asked - what was the color of YOUR light? Not unusual not to be ticketed - the Police Officer is an after-the-fact witness. Some ticket, some don't.

I'm a liability invetigator so here goes - how do you know he was going too fast? You came to the conclusion that he was driving too fast and/or not paying attention and still pulled out, making a left in his path? You have a copy of the Police Accident Report. What does it say about the cause of the accident? If you did not agree did you go to the Police Station with your proof and protest? What did the witnesses listed on the Police Report say?

Did you write your insurance company and explain why you were not liable and felt they should not have paid the damages? They still would have paid but you would have objected two years ago.

Did you sue the other driver for your damages, loss of your car and so forth? Are you countersuing now?

How would the Police talking to you have changed liaiblity for the accident? You also minimize your own arguments with the new to the area/knew the Police argument.

So turn the papers over to your insurance company. They will represent and protect you and pay any claims if you lose or they settle. That's why you have insurance. I will be amazed if any Judgment goes over your policy limit. Amazed.

It's a very hard lesson for you, I'm afraid and people involved in accidents should be proactive instead of sitting around and waiting to react - but everyone does it.

In addition to the very insightful answers posted by JudyKayTee and this8384 we would add that you, or your insurance company, ought to look into the applicable statute of limitations.