Involved in an accident, opinions requested.

Discussion in 'The Okie Corral' started by Glock19Fan, Oct 21, 2010.

  1. Glock19Fan

    Glock19Fan Cool Guy

    Messages:
    1,729
    Likes Received:
    9
    Joined:
    Mar 25, 2003
    Location:
    Tennessee
    Hello.

    I was involved in an accident about a week ago, and I am getting the run around from the insurance companies, and was just wondering what GT thought about it.

    Here is what happened:

    It is about 10:30PM at night when I pull up to an intersection. I wait for the light to turn green. It is about a 10-15 second wait. It turned green, and I proceeded through the light. Another vehicle ran the red light, and our vehicles collided.

    Now, I am being told that this was 50/50 liability becuase-

    "Vehicle number one was there to be seen regardless of
    the light color on pass and that the setback line on W/B Industrial was
    at least 20' from the point of impact to the driver."

    "One can't simply hit the gas pedal without making sure the
    intersection is clear. We find equal fault and in Tennessee, this bars
    any recovery to yourself."

    Now, here are some notes on the intersection.

    Speed limit is 45MPH, which equals to 65 feet per second.
    Yellow light duration is 4.5 seconds.
    "All red" duration is 3.5 seconds.
    The angle of the intersecton is is about 125 degrees.
    Based on the damage to both vehicles, it is apparent the other vehicle was still traveling at regular speed.

    Based on those numbers above, I estimated the vehicle was just over 500 feet away from the intersection when the light turned yellow.

    Not only that, but factor in the reaction time and the time it took to travel into the intersection, and that places the vehicle even further from the intersection at the yellow light change. Besides that, you can include the fact that people tend to speed through yellow lights, rather than slow down, so that increases the distance traveled in any given amount of time.

    The driver admitted to running the red light to the officer on scene and got a citation for it.

    They place the blame on me for not making sure the intersection was clear. The vehicle was still traveling likely at the original speed when we collided. So there would be no way I would have seen the vehicle in the intersection long enough to react.

    Any advice or comments on this? Am I in the right or should I have looked both directions before accelerating?
     
  2. *ASH*

    *ASH* FURBANITE

    Messages:
    5,038
    Likes Received:
    5,434
    Joined:
    Jan 12, 2008
    Location:
    I REAP what YOU sow
    even thou you should look both ways , if you had green light then its not your fault at all , i would ***** a fit and even lawyer up if i had too. remember the other car would not even had been in intersection if he had not ran it .
     

  3. Adjuster

    Adjuster

    Messages:
    20,285
    Likes Received:
    12,052
    Joined:
    Feb 8, 2006
    Location:
    Port Richey Florida USA
    My example for your consideration. Heading to work down a major 5 lane road. Lady pulls out of a shopping center into my path and I T bone her. Lady claims to police that my speed was excessive is why I hit her. Police right on the spot tell her it doesn't matter if I was driving 120mph. They tell her it is illegal to pull out in front of oncoming traffic.

    Perhaps that is what they are telling you, it is your responsibility to make sure the intersection is clear with no oncoming traffic even if you do have the green light.
     
  4. johnd

    johnd

    Messages:
    3,631
    Likes Received:
    1
    Joined:
    May 17, 2000
    This one, but we are in Florida and you are in TN. Generally in things like this, the first person to lie, wins.
     
  5. GioaJack

    GioaJack Conifer Jack

    Messages:
    10,016
    Likes Received:
    18
    Joined:
    Apr 14, 2009
    Location:
    Conifer, CO
    Take first things first, rather than get into an argument with your insurance company which means their legal department will be involved, send copies of all their written correspondence and a copy of the accident report to your state Insurance Commissioner's office. They carry a lot of weight and influence.

    Don't be surprised if you get a letter from your insurance company beginning with... 'Upon further review and consideration...'


    Jack
     
  6. Calico Jack

    Calico Jack NO QUARTER

    Messages:
    3,763
    Likes Received:
    1
    Joined:
    Apr 11, 2010
    Location:
    The High Seas
    If that is true I can't believe that. What ever happened to personal responsibility? The OP followed the LAW and stopped at his light until it turned green, but some moron decided to blow a red light and the OP is 50% liable for this? Unbelievable!
     
  7. noway

    noway

    Messages:
    8,735
    Likes Received:
    8
    Joined:
    Dec 14, 2000
    Location:
    Davie "Cowboy" , FL
    regardless of the other driver running the light, the intersection "was clear" when the OP started to proceed thru the intersection.

    I would let the Insurance handle it based on the accident report. If the other driver was cited and does not fight that case, then you should have a win win .
     
  8. *ASH*

    *ASH* FURBANITE

    Messages:
    5,038
    Likes Received:
    5,434
    Joined:
    Jan 12, 2008
    Location:
    I REAP what YOU sow
    thats what im saying lol , i know its not like that here in NC . THATS JUST HARD TO FATHOM . ive been in some fender benders but always the cop said well you ran a red light its YOUR fault. this country is a pot of ****.
     
  9. gumby223

    gumby223 Crime Fighter

    Messages:
    282
    Likes Received:
    0
    Joined:
    Jun 24, 2007
    Location:
    The Woodlands, TEXAS!!!
    I hate to say it, but get a lawyer and sue the insurance company if they don't settle up.
     
  10. rjflyn

    rjflyn

    Messages:
    242
    Likes Received:
    0
    Joined:
    May 29, 2007
    Location:
    Michigan
    One question - whats your attorney say?
     
  11. DRGNSLR

    DRGNSLR

    Messages:
    478
    Likes Received:
    0
    Joined:
    Jan 15, 2010
    Location:
    Crimson Tide land
    Glock19Fan:

    First, you are not going to receive a definitive answer here unless the poster is very familiar with Tennessee law and has brought or defended a case similar to yours (i.e., a tort or personal injury lawyer). So be prepared to waste a lot of time reading opinions from the unknowing about how they "feel" about you predicament and what you should do. :upeyes:

    Second, I am not familiar with TN law and if you're quoting a letter from your insurance company or the other driver's company be prepared for some level of argument or fight about the case. Insurance companies do try to limit what they have to pay out and their policy and settlement procedures may be as simple as sending out a form letter to see if you'll accept their reasoning (opinion) of TN law and whether or not you'll push back. If the letter is from the other guy's company you may have to sue him, and by extension his company, to demonstrate to them that you are going to push back. if it is your company, perhaps in denying an un-insured motorist or comprehensive claim, you are a bit more screwed because you'll have to sue your own insurance company (sometimes called "bad faith" if they should have paid the claim and did not).

    Best advice? Go talk to a lawyer - someone who is familiar with TN law on this matter. You'll find out very quickly whether or not the letter writer is correct, whether or not you have a case worth pursuing and whether or not you can win.

    That's the best I got for you. Good luck
     
    Last edited: Oct 21, 2010
  12. frank_drebin

    frank_drebin 1-man flash mob

    Messages:
    4,915
    Likes Received:
    71
    Joined:
    Jan 15, 2009
    Sounds like State Farm. They are really starting to do this more and more. We had a similar incident and they pulled the same crap. Our agent even told us that they do this more often than not now as a way to recoup some money. Your insurance will end up paying yours and probably sue the other company.
     
  13. kiole

    kiole

    Messages:
    11,380
    Likes Received:
    11,407
    Joined:
    Feb 16, 2008
    I was taught in drivers ed, if ever involved in an accident in which someone runs a red light. Make sure to say after the light turned green and i checked both ways for it to be clear i proceeded.

    If asked what a green light means never say Go... The correct answer is proceed with caution after checking that the intersection is clear.
     
  14. bobbman

    bobbman

    Messages:
    320
    Likes Received:
    1
    Joined:
    Sep 23, 2007
    or, Get a Lawyer!!
     
  15. Pinmaster

    Pinmaster

    Messages:
    74
    Likes Received:
    0
    Joined:
    Apr 6, 2009
    Location:
    Hermitage, TN
    If you have insurance and the other drivers' insurance carrier will not pay...then your insurance carrier should make you "whole" and repair your damage. Then they will subrogate against the other driver and their insurnace carrier.

    If all else file suit against the driver and take him/her to court. A copy of the accident report will be helpful in this matter.

    If the other carrier continues to give you the runaround contact the TN Department of Commerce & Insurnace and file a compliant. http://www.tn.gov/commerce/insurance/complaint.shtml
     
  16. MrsKitty

    MrsKitty

    Messages:
    18,802
    Likes Received:
    32
    Joined:
    Mar 23, 2003
    Location:
    >^..^<
    No. Sue the other driver who should automatically be taken care of by their insurance company, provided they have any. Give it to an attorney and let him handle it. From that point on, he'll call you when he needs you and you won't have to deal with it.
     
  17. Another Miller

    Another Miller prankster

    Messages:
    2,587
    Likes Received:
    3
    Joined:
    Apr 23, 2007
    Location:
    Ohio
    The other driver was cited for running the light,its their fault.


    It wasnt an medical emergency to blow the light,the other driver just didnt want to have to stop and wait.One other thing, insurance companies will stall and stall from paying out,in hopes you either settle cheap or its written off.Meanwhile you're stuck because of someone elses carelessness.

    You need to call an accident lawyer and get one of those free consultations.Then, if they take it, you'll still get a settlement and your car fixed much faster than playing the shell game with insurance companies.

    My last accident, I got nowhere until I contacted an attorney.They paid everything and gave me a decent cash settlement to close it.By myself and trying to get my insurance companys' help? not a snowballs chance.
     
  18. MrsKitty

    MrsKitty

    Messages:
    18,802
    Likes Received:
    32
    Joined:
    Mar 23, 2003
    Location:
    >^..^<
    By any chance do you have the same insurance carrier?

    If so...you're in for one hell of a battle... Been there, done that.
     
  19. kiole

    kiole

    Messages:
    11,380
    Likes Received:
    11,407
    Joined:
    Feb 16, 2008
    +1 i've heard of so many people where both parties are covered by the same insurance. No matter how much at fault one side is they always find it 50/50 fault so they can raise rates and get both deductibles.
     
  20. SouthernGal

    SouthernGal What's Up Dox?

    Messages:
    6,801
    Likes Received:
    3
    Joined:
    Jun 18, 2004
    Location:
    NW MS
    Years ago I read an article in the Memphis local news about how TN would no longer declare a "no fault" accident (for example, a one car accident where someone goes off the road in ice or rain). That means someone in TN is always issued a ticket. That's the person at fault.

    So do you and the person who hit you have the same insurance company?

    If you do, I'm in agreement it's time to get a lawyer involved.