OT: Car accident

[psulion11]

So, last night I was in a car accident while driving with my girlfriend. Very fortunately, both of us walked away without a scratch, after getting t-boned pretty hard. My car took a pretty good hit though and Im still waiting to hear if its going to be repairable or not, I'm guessing its not going to be able to.

I was going through an intersection and after stopping and not seeing anyone else coming I got hit about halfway through the intersection. He did not have a stop sign which I did not know and since I did it looks like my fault. However, the speed limit on the road is very slow and my guess is based on where he hit me the hardest (back door, driver side) and the fact that my car did a total 180 turn, he had to be speeding. I could definitely be wrong, this is just my initial guess.

I spoke to a lawyer already and it looks like since no one was hurt he shouldn't have any involvement and it will be just an insurance thing. Any advice from anyone who may have been in a similar situation if I possibly still need a lawyer if the driver puts it on me, or says he has an injury? Is a scenario like this totally my fault or is the other driver at fault too? What other factors come into play when I have a perfect driving record, never even a speeding ticket or fender bender, and that he is in his third accident this year, I had my seatbelt on, he didn't. All kinds of things.

I have a company car I am allowed to use for personal use for now but not sure what to do about mine moving forward whether its fixable or not. Don't know if I should get a new one even if it is or its it totaled do I now have two car payments to make each month?

Whole situation totally sucks but extremely thankful myself and my girlfriend, as well as the other driver are okay. Just kind of in the dark about this, any advice or guidance would be appreciated. Thanks!

 

[LighthouseGolfer]

Glad to hear you were not hurt. Since it appears to be property damage only on your side the attorney probably has no interest as there is little money to be made. I wouldn't get involved either.

In the event that the other driver alleges that you were negligent in causing the accident and responsible for damages (personal injury to them or property damage) report the claim/allegation to your insurance company. If you are sued, your insurance company should provide you with counsel at their cost.

 

[psu00]

Well, I'm certainly not an expert in terms of insurance matters, much less legal matters, but it seems as if an argument could be made that it was his fault (or dual fault) despite the stop sign issue. If, as you say, he hit you on the driver side back door then you were clearly halfway to two thirds of the way through the intersection when his car hit you. Were the police there to do their investigation/ evaluation of the site? Did you take pics showing the scene and damage?

 

[psulion11]

Yes police were there and did an evaluation but they don't give many details on the report they give to you. I did take pictures, the front of my car is perfectly fine, front door is banged up a little, back door is absolutely crushed along with the window being blown out and the tire is flat

 

[Pardlion]

Same thing happened to me, except I was the one who did the T-boning and I wasn't speeding but was in a 45-MPH zone. Everyone could have been killed, but by grace of God everyone walked away. Both cars were totaled. I made a claim directly against his insurance company and was paid fair market value for my vehicle. No personal injuries were claimed. End of story.

 

[Jakey_John]

If your insurance agents are worth what each of you is paying them yours will foot the bill for most of the damage leaving you with enough to get the car fixed or get a new one. Also, in the event they give you a claim check from an adjuster who estimates the damage a reputable mechanic will be honest with you and tell you which option to pursue. Hopefully, in the end it will simply be a matter of inconvenience and everything will wash out the way it should based on how you described the scenario.

As far as him coming after you with an injury claim, you have the luxury of having a witness who will verify your story. In itself, that will probably be enough to persuade the other guy not to do anything.

Coming back to insurance, if you guys report a similar story both companies will most likely be inclined to work together because that's what each of you is paying them for. I was in an accident about 2 1/2 years ago in which a kid smashed into me and absolutely totaled his car. Fortunately, none of us were hurt, his mom made the claim, I got a check and that was the end of if. Similarly, based on your described scenario you could probably hope for the same thing, especially since your driving record is so clean.

 

[psu00]

Clearly get in touch with your insurance agent, which I'm sure you already have. Explain to him what happened and even send him the pictures. He may ask you to draw a crude pic of the accident/ site of impact etc. The insurance agents will then get the police report and duel it out behind the scenes. It may take a few weeks so don't get impatient. I know it's an irritation that will bother you for a little while but once settled it will quickly be forgotten. The bottom line is no one was hurt and that's all that really counts.

This post was edited on 3/13 3:30 PM by psu00

 

[PSU_Nut]

Originally posted by psulion11:

So, last night I was in a car accident while driving with my girlfriend. Very fortunately, both of us walked away without a scratch, after getting t-boned pretty hard. My car took a pretty good hit though and Im still waiting to hear if its going to be repairable or not, I'm guessing its not going to be able to.

I was going through an intersection and after stopping and not seeing anyone else coming I got hit about halfway through the intersection. He did not have a stop sign which I did not know and since I did it looks like my fault. However, the speed limit on the road is very slow and my guess is based on where he hit me the hardest (back door, driver side) and the fact that my car did a total 180 turn, he had to be speeding. I could definitely be wrong, this is just my initial guess.

I spoke to a lawyer already and it looks like since no one was hurt he shouldn't have any involvement and it will be just an insurance thing. Any advice from anyone who may have been in a similar situation if I possibly still need a lawyer if the driver puts it on me, or says he has an injury? Is a scenario like this totally my fault or is the other driver at fault too? What other factors come into play when I have a perfect driving record, never even a speeding ticket or fender bender, and that he is in his third accident this year, I had my seatbelt on, he didn't. All kinds of things.

I have a company car I am allowed to use for personal use for now but not sure what to do about mine moving forward whether its fixable or not. Don't know if I should get a new one even if it is or its it totaled do I now have two car payments to make each month?

Whole situation totally sucks but extremely thankful myself and my girlfriend, as well as the other driver are okay. Just kind of in the dark about this, any advice or guidance would be appreciated. Thanks!

1. If you are sued your insurance company will defend you. That why you have liability insurance. They are the one that will pay the result of the suit so they will provide counsel.

2. If there is a lien on car you must either get it fixed or pay off the loan with any insurance money. So if it totaled the insurance company will pay of the lien holder (the bank) in order to get the title to the vehicle. You would receive any money for the value of the vehicle beyond what is owed.

 

[DonP74]

If it ends up being your fault you will have to pay the deductible to get your car fixed. Mine is $500.

 

[BVSt.Paul]

Hope you have rental car coverage. Depending on your company, your rates may also go up if your company ends up paying for the damage to repair/replace the other car.