[HAPPYMOMOFTHREE]

My husband was stopped at a stop sign and he started to make a left hand turn. He saw the car and stopped again. He was not out in the street. The car that was doing 60 miles per hour (in a 25 mile zone) hit my husband. The police claim that no one is at fault. No tickets were given. Now he wants just to my the car insurance deductible to get his car fix. Note to readers: the police claim that they cannot enforce the speed limit. Haha I know it sounds funny but that's what the officer said. What do I do? Please read and help

[katieperez]

I'm a bit confused. Do you mean that your husband wants the person who hit him to pay his insurance deductible? Unfortunately, since no one was ticketed, and no one was at fault, he can not legally make the person pay it. Am I correct in assuming that the officer did not see the accident happen? If so, then I think what the officer meant by "they can not enforce the speed limit", was how can they punish some one for something they didn't see. It's really your word against the speeders. How did the other car hit your husband if he wasn't out in the street? Did the driver lose control? Are you folks OK I hope? Hopefully, the other driver will be willing to pay the deductible out of kindness. Best of luck to you.

[jmorris323]

my husband was stopped at a stop sign and he started to make a left hand turn. he saw the car and stopped again. he was not out in the street. the car that was doing 60 miles per hour (in a 25 mile zone) hit my husband. the police claim that no one is at fault. no tickets were given. now he wants just to my the car insurance deductible to get his car fix. note to readers: the police claim that they cannot enforce the speed limit. haha i know it sounds funny but thats what the officer said. what do i do? please read and help

I heard that depending upon the location of the damage helps determine who is at fault.
If the car is hit from the passenger door to the front or from the passenger door to the
Back.

[HAPPYMOMOFTHREE]

No My Husband Is Being Sued By The Other Driver. The Other Driver Wants Money For The Deductible On His Car

[HAPPYMOMOFTHREE]

To katieperez i asked the officer if the other driver is at fault for speeding and he said no because he could not enforce the speed and he was not given a ticket

[katieperez]

Oh OK. Now that that's cleared up. Wow, that seems ridiculous on the other drivers part. The fact that the police didn't issue any tickets plays in your favor. Do you have pictures of the damage to your car? This will be handled in small claims court, you don't have to have an attorney, you can represent yourselves to save some dough. In my experience, rulings are based on whomever presents the best case. Of course you can hire an attorney, but that may be just as costly if not costlier than the deductible you'd have to pay if you lost in court.

[excon]

Hello happy:

Right now, this is a matter between the other driver and your insurance company. If your insurers want to pay him, that's what you hire them for. If they want to fight him, that too is what you hire them for. It's THEIR money that is on the line, so what's your problem?

Deductable?? No. There's no deductible on your liability. If your company pays, they'll pay it all.

Now if you want to make a claim on THEIR policy for your damages, call 'em up.

What the cops did or didn't do, or said or didn't say, has NO bearing on what the insurance company will do. Cops are NOT accident reconstruction experts. Insurance companies are. If the other guy is at fault, believe me, your insurance company isn't going to lay down just because a COP says so. Oh, no.

excon

PS> (edited) Ok, now I see that he's suing you for his deductable. No problem. My advice hasn't changed. Whether he wants you to fix his entire car or just pay the deductable, makes no material difference. It's STILL an insurance problem. Call your agent. They'll defend you.

[JudyKayTee]

Hello happy:

Right now, this is a matter between the other driver and your insurance company. If your insurers want to pay him, that's what you hire them for. If they want to fight him, that too is what you hire them for. It's THEIR money that is on the line, so what's your problem?

Deductable???? No. There's no deductible on your liability. If your company pays, they'll pay it all.

Now if you want to make a claim on THEIR policy for your damages, call 'em up.

What the cops did or didn't do, or said or didn't say, has NO bearing on what the insurance company will do. Cops are NOT accident reconstruction experts. Insurance companies are. If the other guy is at fault, believe me, your insurance company isn't going to lay down just because a COP says so. Oh, no.

excon

PS> (edited) Ok, now I see that he's suing you for his deductable. No problem. My advice hasn't changed. Whether he wants you to fix his entire car or just pay the deductable, makes no material difference. It's STILL an insurance problem. Call your agent. They'll defend you.

What Excon said! I will add (to other people who responded) that many - if not all - Small Claims Court do not allow the parties to appear with an Attorney; how the car was hit (front to back, back to front) in this type of accident has little bearing on the accident - if you are hit while making a turn you are presumed to be in the other car's lane of traffic. Also, the speed of the other, approaching car has little to do with anything - it is the responsibility of the person making the turn to make sure it is a safe turn. Of course, the person approaching must be watchful and in full control of the vehicle so tire marks in the street indicate reaction time.

And as far as the Police - they didn't see anyone speeding and can't issue an "after the fact" ticket unless it is clear that person was speeding. Any ticket issued on a "someone told me" basis would be dismissed immediately. You are probably fortunate there was no unsafe turn charge.

I continue to post the same mantra - the Police tell people (me included) all the time that they are there to impede crime, not to investigate accidents. The Police are reluctant to assess fault because they have no desire to be dragged in and out of depositions and Court by the insurance companies.