I had an accident in my personal vehicle..

Discussion in 'Ask An Owner Operator' started by joseph1853, Jan 11, 2019.

  1. joseph1853

    joseph1853 Road Train Member

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    Who's Kevin?
     
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  3. sdaniel

    sdaniel Road Train Member

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    Rutherford.
     
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  4. joseph1853

    joseph1853 Road Train Member

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    3rd update 5/7/19
    my insurance company called me the other day said that farmers the lady's insurance is taking geico my insurance company through arbitration to try figure out what's going on.

    from what i can tell both companies hire a 3rd party unrelated investigator of sorts to study the situation to determine who was at fault. if they decide it was my fault geico has to pay for her damage and if not we they don't..

    I hoping they'll find out that it wasn't my fault and pony up and pay for the damage she did to my vehicle. either way i'll be more able to do something about it again if it they find that it wasn't my fault.

    I sent them extra pic's that I had and circled area's with microsoft paint pointing to the skid marks that showed her vehicle in the middle of my lane upon impact.. had to spell it out for them they couldn't see it with out that apparently.
     
  5. REALITY098765

    REALITY098765 Road Train Member

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    2 things bother me here 1st an individual cannot sue the insurance cpy. the insurance company represents the insurer. Minor fact.

    2nd. how did this happen with a 2008 car suv

     
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  6. joseph1853

    joseph1853 Road Train Member

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    4th update 10/23/19
    Well the insurance companys arbitration is done. The arbitrator apparently came to the conclusion that I was 40% at fault and the lady was 60% at fault.

    My insurance company said they will have to pay for it even though they still do not believe it was my fault.

    My insurance company rep said they are happy with the outcome because before it was 0% chance it was not my fault.

    Still baffles me that this was there conclusion.

    Thinking about suing the officer now for getting me into this mess.Maybe then he will consider redoing his report or at least consider looking at the pictures that I took of the situation...
     
  7. Snakeschasingcars

    Snakeschasingcars Heavy Load Member

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    ??? Why haven't you sued the old lady yet? Everything else means nothing to you. Insurance is only battling over the repairs to her car not yours.... so even if they decided it was 100 her fault. It just mean her insurance would pay 100% of her damages... and now they are splitting the cost 60% her ins payingband 40% yours is paying to fix her car... not yours.... you basically had.no dogs in that fight...

    You need to sue the old lady... not her insurance not the officer.. the old lady..

    That is the only way you going to get your day in court.
     
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  8. joseph1853

    joseph1853 Road Train Member

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    Why do you say that? I mean whats your reasoning? Because I'm just left with assumptions other wise.
     
  9. REALITY098765

    REALITY098765 Road Train Member

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    The insurance company was not involved in the accident. They only ''represent'' the insured person.
    You don't sue an insurance company but you can name them in a lawsuit.
     
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  10. x1Heavy

    x1Heavy Road Train Member

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    Our vehicle we use for medical appts is about the 2006 era. We had two people run across our freeway at the height of rush. One got across in like three steps in front of our 70-80 mph herd. I was first up in left lane. Second person hopped down from the high median barrier which would be about 9 feet above him on my side and took one step into my lane.

    I had already applied the brakes with the resolve I use in trucking in the same situation and added more braking when the person refuses to cease showing desire to run out in front of me. He finally sat down on his butt and pulled his legs in before my left front mashed it. By then I was sliding without ABS (We possessed ABS but that kind of braking on dry pavement the rear slid first and the front just kept rotating which was what mattered to the system) and still 20 mph and falling fast.

    All in all it was a textbook emergency slowdown with intent to stop dead in about 130 feet or so from 70+ which is about all you can get out of that car anyway. If I was a semi I would have mashed him no question.

    What matters in this case is video. If you have video camera that you own and possess rolling in real time whatever happens is going to be on that thing. It eliminates or even destroys any counter narrative from those who knew they made a mistake and were in the wrong. It might even be you. A double edged sword. We were just happy the herd did a good job in that situation and it got cleared out fast. Those two would not be doing that again and consider a bridge over the freeway with two sidewalks is a couple of minutes walk across for them.

    As long the wheels in the front axle is rotating you can steer that is what the ABS is for. If it locked up on water or ice, then it will buzz and be involved in getting at least one axle rotating. Ive used ABS before in heavy trucks and it's amazing where prior to that its just a physics of mass sliding this way and very little changes are possible until you got off the brake and rotated your wheels again. The truck ABS would keep them rotating and certain things become possible during the problem. Its been decades since I threw around a semi. So.. shrugs. But little cars? Not much of a problem other than having the shop remove two bent foundation pins and replaced the other two to be sure that if there is a next time like that the brakes are as good as we could make them.

    (Thats another reason you do not want the vehicle to devitate from a straight line in braking, you can warp one or all of your rotors. Those approach 400.00 for new ones if not more each.) However if you were about to kill a teenager, I hope you have civil judgement insurance paid up that month. You can get upwards of two million in coverage so that if you did indeed kill a kid, it will pay some of the award to the family after the appropriate trials etc.

    That and a video camera.
     
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  11. joseph1853

    joseph1853 Road Train Member

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    Ah, I see.
    Ultimately the insurance company will be paying but you direct towards the insured.
     
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