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Old 04-24-2001, 04:41 PM
booksarefun
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Posts: n/a
Mississippi
Road layout: Two lanes, one each direction, with common turn lane in center ("suicide lane").
Woman driving ahead of me got into center turn lane. When I got alongside her in MY lane, she proceeded to try to turn RIGHT into a gas station. Sideswiping my vehicle. Last point of contact was my rear bumper & her front bumper which locked together and ended up releasing after each bumper was pulled straight out. Her vehicle rested behind me when we stopped. When police arrived, they greeted her by name (uh-oh). SHe proceeded to tell them I was "trying to go around her" (to the right?) and that she was not in the turn lane. Police told us to move vehicles but no pics were taken. I refused, but she quickly moved her vehicle. Police ONLY took pictures when I continued to refuse to move it til pics were taken. I also took pictures, but only of her damage and the screech marks I had left. That afternoon when I received the police report the drawing was incorrect and now a witness was cited who was not cited at the scene. My insurance saw this evidence and said she would probably win since she had a a witness and paid HER for an accident that was HER fault! Do I have any recourse with my insurance company, her insurance company or the courts now that they have paid her claim (thus stating I was at fault)? A 30 second look at the pictures and the evidence of damage to each vehicle is 100% conclusive it was IMPOSSIBLE to be my fault! What do I do now? I had only liability and cannot get my vehicle fixed. Plus, I do not want this on my record as "at fault" and my premiums to go up! Help please!
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Old 04-24-2001, 05:33 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

You can't tell your auto insurance company not to settle if that's what they have decided to do. Auto insurance companies have the "last word" on settlement, and they don't need your permission to do so. It's their money.

However, if you feel that you have a case against the other driver, then there's no law that says you can't exercise your rights, despite the fact that the insurance company settled. A settlement is not admissible in a court of law; i.e., such a settlement is not Res Judicata regarding any issues and claims you might have.

That settlement does not, and cannot, abridge your rights to having your day in court, if that's what you want. So, you'll need your own attorney to do this for you.

Good luck to you.

IAAL
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