A couple days ago i was involved in a horrible accident where i was driving my moms 02 sienna minivan. Theres an intersection thats in a blind turn.. I pulled out into the intersection and a guy in a 00-02 silverado 2500 ran the light going like 70 in a 35 i think it was. He hit the rear right handside of the van as i was making a left turn onto the road that he was on. He totalled the van and a hell of alot of damage to his truck. This is what i saw from my stretcher. All i remember is seeing the van and truck parts all over the road after being drug out of the van. Im fine with just burns on my arms.

Today my dad told me that he sued our insurance company because the police report said it was my fault. Personally i think this is because im 17.. but anyways, There were no witnesses as we were in the middle of nowhere so therefore i cant prove that he ran the light. He also informed me that the insurance company told him that if they have to pay out a claim then theyre going to drop me off of my parents coverage and probably drop them when theyre renewal comes up in april. In other words, it means that im going to have to get rid of my s2k and Wrx because we wont be able to afford the insurance rates from any other company.

Now im just a wreck because the wreck wasnt my fault and im probably going to have to sell my beloved. I dont know what i can do about this, im shook up from this wreck and now this asshole is going to me out of my cars??? wtf is this?? I need some legal advice about what to do.. Any input will be greatly appreciated!!

 

Start with a look at the police report.

 

Dude your 17 and you own an S2000 and a WRX

Your situation here sucks to say the least... Don't jump to conclusions is all I can advise. It sounds like your dad is on your side and beleves that it was not your fault- hence he is suing his insurance company.

Let your parents take the wheel here and use the law to sort out the issue. You may not have to sell your car- too early to tell.

IMO

 

Sounds like the police report reflects the other person's story because you weren't there to give your point of view. I certainly can't blame the insurance company; they weren't there, so all they have to go on is the police report.

I think you should have a look at the police report and see if there's a way for you to present your side to the police. Failing that, you could present your side to the insurance company, though it may be too late for that if the lawyers are already involved.

 

Dude. I'm really sorry to hear this.

I too am 17, and wrecked my S2 last month (X-mas day). The damages are $5400 and the insurance company said that if I take out a claim that I'll be dropped from my parents plan. So it's out of my pocket.

You can probably prove by the damage that he was going over the speed limit. Your car wouldnt look like it does if he hit you at the given 35. I'm not a legal expert, though...

Sorry again. And good luck!

 

So in reality absent a witness it will be impossible to determine who was at fault here. The police report was likely made on his story alone and so as a result it cites you as fault because of what he said.

When it goes to court there will be no chance to truly determine who was at fault. Hell say you ran the light and you'll say he ran the light. Both your testimony cancels out and both insurance companies should split the cost, because no fault can be determined.

However IF he was speeding(i.e. 35 in a 70) then you may be able to win here. Having an accident expert look at the damage that insued should be able to gauge if it was consistent with a 35mph crash or a 70mph crash. A 70mph crash has 4X the energy to disipate than a 35mph crash and it should be obvious that too much damage occurred for a 35mph crash. Brake skid marks will also be able to determine his speed. If it is determined that he was speeding excessively and he claimed that he wasn't then his testimony is in doubt.

Personally I would also countersue. You have clear injuries, contact a personal injury attorney and sue back. Its the american way

 

Sorry for your accident and good luck!

On a side note, what is this society coming to when parents buy their 15-17 yr.-old children rather expensive cars? I don't care how rich the parents are, but that's just spoiling the children.

 

[QUOTE=PrimoAP1,Jan 25 2005, 09:17 PM] Dude your 17 and you own an S2000 and a WRX

 

You need to do the followings:

1) Seek legal advice; and
2) Go to the police station and asked to speak to the officer who prepared the report. Relate your version of the accident and demand that he/she review and amend his report. Ask that any conclusion to be drawn must reflect all accounts of both drivers involved including some type of accident reconstructions. If the officer does not act, then ask for a supervisor. On a side note, I am wondering if you are in a small town, or a minority and the other driver is a white male or involved with law enforcement, etc. Just a curiosity.

 

I won't say that's but you're stretching it a little. One poster above was right; the insurance company has to rely on the police report and generally don't do their on independant investigation of the point of impact. You could hire a independant damage appraiser, and/or a retired/off-duty police officer to evaluate the scene. They are given extensive training in this area. They can pretty much tell the whole story by the point of impact, vehicle position, skid marks, etc. Good luck.