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-   -   Auto Accident Police ruled at my fault. (https://www.askmehelpdesk.com/showthread.php?t=736972)

  • Mar 5, 2013, 09:44 AM
    excon
    Hello c:

    Way up at the top of this thread, you said somebody HIT your car, and you may not have been sure if it was your fault. You SAY your police report says YOU'RE guilty, but you didn't say anything about a ticket.. If you violated an infraction, you would have gotten a ticket.

    Then the discussion ensued as though you were at fault.

    I'm NOT sure you are. Yes, hire a lawyer. You may be the one who does the suing here. Very likely, you won't have to PAY your attorney unless you win. If you need more evidence than you have, let HIM make that decision.

    excon
  • Apr 3, 2013, 07:25 PM
    chontez
    I finally got a attorney a very good one too. He told me that should could not sue me just because I did not have Bodily Injury Protection, I don't have any personal assets. Maybe I can sue. But we are definitely working to fight the ticket.
  • Apr 4, 2013, 03:20 AM
    ScottGem
    Quote:

    Originally Posted by chontez View Post
    I finally got a attorney a very good one too. He told me that should could not sue me just because I did not have Bodily Injury Protection, I don't have any personal assets. Maybe I can sue. But we are definitely working to fight the ticket. !

    I assume you meant the other driver could not sue. But I question that. A person involved in an accident can certainly sue the other party. Doesn't matter if they have insurance coverage or not.
  • Apr 4, 2013, 03:47 AM
    Fr_Chuck
    Of course the other person can sue you, and if you have car insurance Liability coverage is what they get paid under and it is a required coverage. So you will have it. Bodily Injury is something different. If your attorney does not know the difference being liability coverage and bidily injury, get a new attorney, if your attorney said they can not sue you, get a new attorney, since anyone can sue anybody.

    Next if they sue and win, you turn it over to insurance and they pay the claim up to the max coverage you have per accident

    You need to let your insurance handle any claims against you from another person
  • Apr 4, 2013, 06:53 AM
    chontez
    The insurance adjuster is unhelpful he said "well she is saying she's injured we have nothing to do with since you don't have Bodily Injury Liability coverage. I suggest you get a attorney have your attorney to give me a call when you seek one!"
  • Apr 4, 2013, 09:53 AM
    ScottGem
    You seem to be making bad choices in insurance carriers and attorneys. Most insurance policies will provide you with an attorney to represent you even if the coverage will not pay an award. So it sounds like the adjuster was just blowing you off so they wouldn't have to use an attorney.

    You should read your policy. If you have Liability coverage (which is usually mandated by state law) it should cover injuries to the other party. Maybe your attorney meant that your insurance wouldn't cover you, not that they couldn't sue.
  • Apr 4, 2013, 10:26 AM
    JudyKayTee
    I suspect that the insurance adjuster has gone around and around with this accident and has given up trying to explain rights/benefits/liability, is saying "Have your Attorney call me" in order to explain the situation once and have it understood.

    More importantly anyone can sue anyone at any time for just about anything - it's winning and collecting that becomes a problem.

    I'd like to know the circumstances of the accident.

    I'm an investigator in NY.
  • Apr 4, 2013, 01:10 PM
    chontez
    The incident: 2 lines going southbound, 2 going northward bound. Me at the stop sign on the right closer to the cars going north. The light for the 4 lines was changing from green to yellow to red. She was behind a bus and the bus was coming to a stop, and she went around in the other lane to try to catch the light. And she hit me at the driver front left side before I fully turned
  • Apr 4, 2013, 01:22 PM
    ScottGem
    Quote:

    Originally Posted by chontez View Post
    The incident: 2 lines going southbound, 2 going northward bound. Me at the stop sign on the right closer to the cars going north. The light for the 4 lines was changing from green to yellow to red. She was behind a bus and the bus was coming to a stop, and she went around in the other lane to try to catch the light. And she hit me at the driver front left side before I fully turned

    Need more. Were you going south or north? If you were on the right, how could be closer to the northbound? Were you making a turn? From where were you making the turn? Was she passing the bus on the right or left?

    If she hit you on the driver's side you must have turned in front of her.
  • Apr 4, 2013, 02:00 PM
    tickle
    Probably more going on here then meets the eye. OP maybe is not able to read english properly, therefore signs are difficult, and probably not able to read her policy... just a thought. This does not make a lot of sense.

    She may have been taken advantage of here by the attorney she hired.

    Just some thoughts.
  • Apr 4, 2013, 07:46 PM
    chontez
    I was closer to the cars going north. And I was turning to go south. The bus was in the lane closer to mean father right. So she pass the bus by going in the northward left lane.
  • Apr 4, 2013, 08:26 PM
    JudyKayTee
    "i was closer to the cars going north. and i was turning to go south. the bus was in the lane closer to mean father right. so she pass the bus by going in the northward left lane."

    If you were traveling South, closer to the cars going North, you were in the passing Northbound lane. You couldn't have turned to go south. You were already going South.

    If you were Northbound and turned to go South you would have been making a u-turn.

    If you were South and turning left you would have been turning to go East; if you were Northbound and turning right you would have been turning West.

    If you were Northbound and turned left, that would be Westbound. If you were Northbound and turned right you would be Eastbound.

    The car crossed into oncoming traffic and hit you?
  • Apr 5, 2013, 03:15 AM
    ScottGem
    OK, let me see if I can decipher this. You were EAST bound on a cross street. So you were crossing the northbound lanes to turn left onto the southbound lanes. You saw the bus coming to a stop, but didn't see the car behind it trying to beat the light. So you jumped the light to make the turn. That's the only way I can see you being hit.

    Accident was mostly your fault because you jumped the light. Where there cars on your street going westbound?
  • Apr 5, 2013, 07:24 AM
    JudyKayTee
    I do this for a living - and now I’m confused.

    If OP is Eastbound and pulling into intersection she crosses the Southbound lane first, then the Northbound lane. If she turns right she pulls into Southbound lanes; if she turns left she crosses Southbound lanes into Northbound lanes.

    She doesn’t cross Northbound lanes to travel South. It’s a “simple” right-hand turn.

    If she wants to travel North, then she crosses the Southbound lanes when she makes her left-hand turn to go North.

    I have no opinion until the directions get sorted out.
  • Apr 5, 2013, 01:18 PM
    ScottGem
    Whoops got that mixed up. You are right if they were closer to the northbound and making a turn onto southbound then they would have been heading westbound not east.

    In any case it appears they were making a left hand turn into the south bound lanes, which means they crossed the path of the driver that hit them. So unless that driver ran a solid red light they are at fault.
  • Apr 5, 2013, 04:58 PM
    JudyKayTee
    I hope OP comes back - I don't know if I understand traffic flow at the time of the accident.
  • Jun 22, 2013, 01:51 PM
    chontez
    Well I finely got good reliable insurance State farm. The outcome of this accident was I only had the options to take the class for my ticket, or pay for my ticket. They could not sue I was covered and also I don't have any assets.
  • Jun 23, 2013, 06:56 AM
    JudyKayTee
    You totally misunderstand how accidents/insurance work - you can be sued if you have nothing and the other party can win and spend at least 10 years trying to collect.

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