Ask Me Help Desk - Who's at fault? Both drivers claimed to see the green light.

Who's at fault? Both drivers claimed to see the green light.

Okay, I hope I did post the right place.

Here is the situation. My dad was driving to an intersection. It was red light, so he stopped. Once the light turned green, he proceeded and went straight. By the time he is at the Â¾ of the intersection, a car ran in and hit his right fender. That other driver steered to her right during the impact and did not stop until she hit the curb. At the end, her car is about 4 to 5 cars away from my dad's car.

No one seemed to get hurt. My dad and my mom (passenger) were still in shock. The other driver jumped out from her car and started screaming to my parents. It seemed like she is trying to blame on my parents. Sadly, my parents do not know any English; all they heard are words like â€œgreen, red, blah, blah blahâ€¦â€

Mom immediately called me asking for help. But I missed the call.

Someone came and knocked on my dad's window and asked to see if he needed help. She called 911 for my parents. Then she left.

Moments later, the police arrived. My dad remained very calm because he totally believed he was not at fault. He was 100% sure he proceeded after seeing the green light. The other driver started crying, limping, and carrying her baby once the police arrived. My parents saw her pointing her back, her neck, her leg, assuming she was complaining that she was hurting. Her car did not receive as much damage as my dad's car. Her car only got scratched and one exploded tired. My dad's car was badly damaged. It couldn't start, the coolant was busted.

So, the police spent a lot of time talking with the other driver. She even took out her nurse badge to show that she is a nurse.

Later, my sister arrived to the scene. She told the police about my dad's side of story. At the end, dad's car was towed. The police said my dad and the other driver are at fault. My dad said that other driver looked relieved once she got the report staying both at fault.

I understand the police couldn't judge what actually happened when both drivers claimed they saw the green light. The accident was happened 2 blocks away from our house, where we lived for more than 10 years. So, we know the roads so well. My sister mentioned it seemed the police was more on the other driver's side. We later found out that police's wife is also a nurse.

We are so confused now. In the past, when we were at fault, we take the blame like we should. Now, I am not sure what to do. He is 100% he saw the green light. We just recently reported this to our insurance company. I don't know if we need to report this to the other insurance company? We have no clue if that other driver wants to sue us. I don't even know if we should sue her. If we really going to bring this to court, how will they judge who's right?

We think the person who helped my dad placed the 911 call may witnessed what happened. However, the dispatcher told us that there is no way to get the information who called 911. The best thing we could get will be the call record, nothing with the name or phone number. Can any authority ask that caller if she wants to be the witness?
Should I get a lawyer? We are not a rich family. How much is the fee for stuff like this?

I really appreciate any help. We never had this situation happened to us before. This got me seriously thinking about installing a camera in my car from now on.

No, please don't call the other insurance company; your insurance company should deal with this issue. Cell phones with cameras are a blessing for situations like this. I don't think you should consider colusion (nurses).

The timing of the lights at that intersection could be checked; but from what you say it seems the other person ran the red light, possibly in a hurry. In my neck of the woods, the police always measure tire marks which tells them a lot about who was at fault (braking time, etc.).

Tick

Since you reported it to your insurance company, and assuming that you gave them the details about the other driver (her name and insurance info), first thing is to let the two insurance companies argue it out. Unfortunately in a case like this it's impossible for a 3rd party to determine who is truly at fault, so it's likely that the insurance companies will agree to assign blame equally to both parties. The result is that if your parents have colission insurance it will cover their repairs (less the deductible), and they will probably find that their rates go up. But wait for the insurance company to come back to you with their findings before considering whether you want to go a step further and sue the woman yourself. From what you describe it would be a long shot to win. And don't worry too much about what the cop at the scene said. Since he didn't witness the accident and took no statements form other witnesses, his report can ony state that there is disagreement over who had the green light.

Quote:

Originally Posted by cicici1234

We are so confused now. In the past, when we were at fault, we take the blame like we should. Now, I am not sure what to do. He is 100% he saw the green light. We just recently reported this to our insurance company. I donâ€™t know if we need to report this to the other insurance company? We have no clue if that other driver wants to sue us.

Hello c:

Relax... Tick is right. Report it to YOUR insurance company and let them handle it. DON'T talk to the other company.. Your company will investigate, and what the police said does NOT matter to their investigation... They'll determine whose at fault if they can.

If they're going to sue, then they are, and you'll just have to wait. If they sue, your insurance company will DEFEND you. That's what you hire them for.

If you dad got a ticket, and you didn't say, then he needs to plead not guilty in court... But, he probably didn't get a ticket because the cops can't say BOTH drivers had a red light.

excon

Quote:

Originally Posted by cicici1234

... Can any authority ask that caller if she wants to be the witness?
Should I get a lawyer? We are not a rich family. How much is the fee for stuff like this?? ...

No, you do not need to hire a lawyer. As others have told you, your insurance company will hire a lawyer if one is necessary regarding a civil suit. And, although you don't need to worry about it, if there is a lawsuit the lawyer can require the "caller" to be a witness by serving a subpoena upon that person.

Thanks for everyone's help. No one got any ticket at all. I am very scared for my parents. They do not speak any English and someone may take advantage of them. I would rather to be the one involved in the accident, not them. At least, I know how to defend myself.

Update so far. My insurance company had contacted me. Our adjuster guy knows my dad does not speak English, so he is looking for an interpreter. We are still waiting for him to call us back.

The other insurance adjuster contacted my sister. Sadly, my sister also speaks limited English. My sister told the other adjuster on my dad's behalf. The other adjuster seemed got â€œrecorded statementâ€ from my sister and got our insurance company name and number. I hope they won't twist stuff around just because my sister's English isn't clear enough. Can I ask to void that â€œrecorded statementâ€? Can I ask the other insurance to find an interpreter as well and get the â€œrecorded statementâ€ directly from my dad?

Quote:

Originally Posted by cicici1234

Can I ask the other insurance to find an interpreter as well and get the â€œrecorded statementâ€ directly from my dad??

Hello again, c:

The advice you received is to NOT speak with the OTHER insurance company AT ALL - ANY of you. I'd TAKE that advice if I were you.

excon

Yes, don't speak to the other insurance, PERIOD> talk to your insurance only,

Next appear in court and plead not guilty if there were tickets they go to court and plead not guilty and get any ticket dismissed ( no witness to testify against you)

As for the insurance, both people can not be at fault, one had to have ran the light.

Since the officer did not see it, and unless there was a witness he could talk to, all he could do was list the statement of both people.

So what did the actual police report say, did he say both at fault, or was that merely what he said at the scene, what he says there, means nothing, what he writes in his report is what matter.

And your insurance company if they go to court can get copies of 911 records.

Quote:

Originally Posted by cicici1234

Thanks for everyone's help. No one got any ticket at all. I am very scared for my parents. They do not speak any English and someone may take advantage of them. I would rather to be the one involved in the accident, not them. At least, I know how to defend myself.

The other insurance adjuster contacted my sister. Sadly, my sister also speaks limited English. My sister told the other adjuster on my dad's behalf. The other adjuster seemed got â€œrecorded statementâ€ from my sister and got our insurance company name and number. I hope they won't twist stuff around just because my sister's English isn't clear enough. Can I ask to void that â€œrecorded statementâ€?? Can I ask the other insurance to find an interpreter as well and get the â€œrecorded statementâ€ directly from my dad??

No you can't ask that your sister's comments be voided. And, have to say it again, no one in your family should be talking to to the other insurance company.

Tick

We did not make any contact with the other insurance company. They called us instead. That guy told my sister that he is there to help us, so she told him everything. She didn't even know it was from the other insurance.

Should I call the other insurance now to void it? Just because the statement is not from my dad's mouth.

Quote:

Originally Posted by cicici1234

Should I call the other insurance now to void it? Just because the statement is not from my dad's mouth.

Hello again, c:

You cannot take back what your sister said. They taped it, and if she said ANYTHING to damage your case, they're going to use against you. They manipulated your sister.. They're VERY GOOD at that. If you call them, they'll manipulate you too, on tape, and if you say ANYTHING to damage your case, they'll use it against you.

How many times do we need to tell you NOT TO TALK TO THEM??

excon

Ok, I get the message: don't talk to the other insurance company. My sister didn't tell me she talked to them until I asked. Ugh! I am going to call my own insurance company and let them know what happened.

Hello again, c:

Cool. The good news is that she wasn't there, and can't directly attest to the facts. So anything she said to them was second hand evidence and can't really be used in court.

excon

Thanks! I finally got in touch with my insurance. He finally got an interpreter and will call my dad shortly.

I told him about the how the other insurance company contacted my sister. He said not to be too worry about it.

I am not even hoping much anymore. I start to accept the fact that final judgement will be just 50/50. I know this is totally unfair for my parents, because it is not their fault. I guess it is just life.

Question about the 50/50. What does that really mean? For example, if the other drive has $1000 damage, and we have $5000 damage, does that mean we pay our own? Or it is $1000+$5000 / 2?

Thanks again for all the help.

Quote:

Originally Posted by cicici1234

...
Question about the 50/50. What does that really mean? For example, if the other drive has $1000 damage, and we have $5000 damage, does that mean we pay our own? Or it is $1000+$5000 / 2?

No. Your insurance company, not you or your parents, pays.

How much does your insurance company pay? It pays the other insurance company 1/2 of the $1,000 damages incurred by the other driver. If that other driver has collision coverage, the other insurance company then pays to fix the other car, less the deductible.

Your insurance company also pays (assuming you have collision) the $5,000 to fix your car, less the deductible. You only pay the deductible. It then probably raises your rates. If you don't have collision, of course, you would have to pay to fix your car.

Just want to say Thanks for everything so far.

The other insurance contacted me again. I told them I was not in the accident, and they need to get an interpreter to get the statement from my dad.

I know many of you telling me NOT to talk to the other insurance company. Should I let them contact my dad through an interpreter? They also wanted to take pictures of my dad's car, which now towed to somewhere.

I don't want to be not corporative. What should I do?

Talk to your insurance company as to if they want you (dad) to make any statements to the other company. Often you will make a statement to your company who will provide it to them.

Remember they are not on your side, they want to find a reason not to pay you and in fact make you pay for all the damage. Esp if english is not a first language don't trust the other side.

Quote:

Originally Posted by cicici1234

I don't want to be not corporative. What should I do?

Hello again, c:

Your desire to be cooperative is commendable... In the world, there's a time to BE cooperative, and there's a time NOT to. THIS is one of those times...

Ok, let me rephrase that... They want to take pictures... That's fine. Let them take pictures... That can be done by arranging a time and a place where pictures can be taken. Do that, and DON'T tell them ANYTHING about ANYTHING else. If you can DO that, go ahead. I'm afraid you can't, though, so I would do what the Padre suggested. Talk your insurance company and nobody else.

excon

Thanks again for every advice.

I finally got in touch with my own insurance this morning. I asked him it is okay for my dad to give statements to the other insurance company. He said it's fine. So, dad + interpreter + other insurance were on the phone.

Call is finished. The other insurance told us to get the car out of the tow yard as soon as possible. I asked my own insurance. Our insurance had sent someone to take a look of the car, and they reported it is totaled. So, our insurance advice us to take out the personal stuff from the car, so they can take the car away.

He said now we are waiting for the police report. The police has like 6 days to turn it in. Today is the 3rd day...

Quote:

Originally Posted by cicici1234

I finally got in touch with my own insurance this morning. I asked him it is okay for my dad to give statments to the other insurance company. He said it's fine. So, dad + interpreter + other insurance were on the phone.

Hello again, c:

Well, let's hope that works out. Please let us know.

excon