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vetttech

Guest
What is the name of your state? Connecticut

This is going to be a long post; please take the time to read - you might have the answer I so desperately need...

Accident date: May 31, 2002

Under the intersection, my light turned yellow. No way to safely stop (SUV barreling down on me), so I had to run it. Woman in a minivan decides to pull a left turn crossing in front of me. I hit her going about 40 mph (posted limit is 45). She was cited for improper left turn/failure to grant right of way. My beloved, custom 1990 Maxima was undrivable and had to be towed to the shop.

Her insurance (Prudential) claimed I was 50% at fault, although I received NO ticket. The officer's opinion was that I was not at fault, obviously, or I would have been cited. I refused to accept 50% and spoke to her supervisor, who finally agreed I was only 25% at fault. These decisions alone took up to 2 weeks, all while my car was racking up expensive storage fees at the shop. I could'nt fix the car until they paid me, right? It wasn't coming out of my pocket! (I failed to mention to you that 24 days before this nasty accident, my agent had convinced me to finally drop my collision coverage. This is why my insurance would not fight for me.)

I hired an attorney. The lady dragged me into court to fight her ticket (she lost). It cost me more to come from my summer vacation on Block Island, RI to court, than her ticket cost!!!

This is what my attorney and I feel is owed to me:

Storage/Towing fees: $580
Rental car: $800
Adjusters value of my car: $3800
Custom parts (in CT, they're required to repair it to the way it was when hit, custom parts included): $250
Medical bills due to accident: $375
2 10-disc CD changers (EXPERT says it's jammed beyond repair): $500
Total: $6305.00

They've offered $4000 SIX months later! I still haven't even seen my car's repair ($3800) money! It was not totaled. I'm in my car all day everyday for my line of work. I lost my job because of this accident! If my parents didn't lend me $6000 to put down on a car, I would still be out of work, 6 months later! I emptied my savings account of $3500 to pay my storage, rental, medical, etc!
I am broke; can barely make my car payment/insurance. In general, I can't make ends meet and it's directly because of this woman and Prudential. They have both ruined my life and driven me into a depression, of which I can't get out of.

Oh, by the way, even if I get $6305, I owe my parents $6000. I'm still stuck with the shorter end of the stick.

My attorney is my friend. No other attorney would take my case because the injury amount is so insignificant and that's all lawyers care about. Small claims max in Ct is $3500.

What in God's name do I do??? I can't take much more.
 


A

aahlee

Guest
you have to sue her in a higher court where the maximum limit is higher.
 
V

vetttech

Guest
Thanks for the reply. There are two problems with that, though.

1) My friendly lawyer won't take it to court, and neither will anyone else. There's not enough in it to motivate them.
2) My attorney says that if I do have to go in front of a jury; their decision is final. Could be I'm 20% at fault, could be 90%.

I know my case is strong, but I did run a yellow. The law says I was justified, but Prudential won't suck it up and pay out.
 

tammy8

Senior Member
I am surprised the other company has offered you anything at all. In NC if both parties are under a yellow light, one is going straight and the other turning, the turning car has the right of way as not to impede traffic. You are right, your problem is that you ran a yellow light. I would settle for you are being offered and go on. Sorry about this and good luck.
 
V

vetttech

Guest
Thanks for the reply.

In Connecticut, the law states that if you are under a yellow light and it it unsafe to stop, you must continue straight through. In all honesty, that's the only thing saving me. She also, as stated before, did not have the right of way and could easily have stopped and waited for her green turn arrow to appear.
 

stephenk

Senior Member
A turning car has the right of way???? Typically a turning car has to yield to oncoming traffic and cannot make the turn unless it is safe to do so.
 
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vetttech

Guest
Exactly my point. Since I followed CT law, how can they say I'm partially at fault?!
 
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ProResearch

Guest
They can't say it was your fault.... give them evidence! Point out that the police report credits you with no fault. Point out that you had to go through a yellow light because it was unsafe to stop (yellow light means stop if practicable and proceed with caution). I rather like the way this 'fellow' puts it:

http://www.msgroup.org/TIP134.html

Disclaimer: I found this site through a web search engine. It is not law and it doesn't mean I agree or disagree. It is simply some information which you may use or not use.

The other insurance is relying on your being young and that you have no insurance company fighting for you. Although you just dropped your collision coverage, have you asked your insurance company what it recommends. Sometimes the adjusters are helpful if giving litttle bits of info.

But the reality is.... when they know they have you, it is often smarter to accept the loss. It is NOT fair, but it is smarter.

Next time, don't let someone talk you into something you don't feel comfortable doing. A 1990 is old for carrying collision coverage, but hey if that's what you want to do, why not?

Good 'luck' to you!
 
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