+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 23
  1. #1
    greatXss is offline Junior Member
    Join Date
    Oct 2008
    Posts
    11

    I was in an intersection during a light change and was hit...shouldnt have he waited?

    What is the name of your state (only U.S. law)? KY

    This happened in Lexington, KY yesterday just before 4 PM.

    I was in the 'inside' lane of two left turn arrow lanes. We had the green arrow. There was a semi two vehicles ahead of me, so traffic was a little slow, but steady. I entered the intersection under a green arrow. The semi slowed traffic enough that I ended up in the intersection while it changed lights. I was almost through the intersection when the opposing traffic got their green light. A 2004 BMW launched forward at the light, and rammed into the side of my truck. I saw him coming and tried to close the small gap between me and the vehicle in front of me, but there wasn't enough space or time.

    The insurance is talking about siding with him even though I was already in the intersection when he began moving.

    Isn't there a law stating that if there is a vehicle in the intersection when your light turns green that you have to wait for the road to clear?

    He was late for work, and wasn't paying attention to traffic, just the light.

    You can see in this photo how hard he hit me. He hit me with a lot of force, considering I was only about 20ft in front of him. He spun my truck around, launching everything in the bed over several lanes.

    http://i16.photobucket.com/albums/b1...y/P1080223.jpg

    http://i16.photobucket.com/albums/b1...y/P1080219.jpg

    http://i16.photobucket.com/albums/b1...y/P1080220.jpg

    What do I do now? I want my truck fixed, and I definitely don't want this on MY insurance.
  2. #2
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,050
    Report to your insurance company EXACTLY what happened. They are obligated to defend you.
  3. #3
    greatXss is offline Junior Member
    Join Date
    Oct 2008
    Posts
    11
    The interesting thing is that we are under the same insurance company. Our claims reps are FRIENDS in the office (where ever the office is located) USAA Insurance.
  4. #4
    Roo
    Roo is offline Member
    Join Date
    May 2008
    Location
    Heart of America
    Posts
    273
    Did any witnesses come forward?
  5. #5
    greatXss is offline Junior Member
    Join Date
    Oct 2008
    Posts
    11
    One witness. An off duty officer who said she has lots of experience with auto accident reconstruction. She is basically my only hope, along with a few photos i took of the scene.

    I, nor the insurance co have been able to get in touch with her today though.

    What sucks is since the driver and i have different stories (he said i ran a red light after he was moving) the insurance co wont give me a rental so i can get back to my life.
  6. #6
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,515
    USAA is in San Antonio The adjusters don't have to hate each other in order for each of them to enthusiastically defend their insureds. It may even speed things up because they won't have to mail things back and forth.

    There is a law saying EXACTLY that, just because the light is green does not mean you can go when the intersection is obviously not clear.

    You should add rental coverage to your own policy, it costs next to nothing and makes your life SO much easier when things like this happen.
    Last edited by ecmst12; 10-17-2008 at 08:15 PM.
  7. #7
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,121
    Isn't there a law stating that if there is a vehicle in the intersection when your light turns green that you have to wait for the road to clear?
    Nope. The law states a vehicle is not suppose to enter an intersection unless they can safely exit the intersection. You did not do this.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  8. #8
    greatXss is offline Junior Member
    Join Date
    Oct 2008
    Posts
    11
    Quote Originally Posted by ecmst12 View Post
    There is a law saying EXACTLY that, just because the light is green does not mean you can go when the intersection is obviously not clear.
    That's what i thought. Now, is there anyone here that can point me to an official link showing this in case i need it?
  9. #9
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,515
    You are going to have to google your own statutes, sorry.
  10. #10
    greatXss is offline Junior Member
    Join Date
    Oct 2008
    Posts
    11
    Quote Originally Posted by racer72 View Post
    Nope. The law states a vehicle is not suppose to enter an intersection unless they can safely exit the intersection. You did not do this.
    When i made the decision to enter the intersection traffic was moving fine. It wasn't until I was almost clear of the intersection that thing slowed down.

    Regardless of my location in the intersection, the guy shouldn't have entered the intersection because i was still there.

    The cause of the accident was him not paying attention to his surroundings, and his excessive speed/acceleration from a stop light. This is what I think the insurance company needs to focus on.
  11. #11
    greatXss is offline Junior Member
    Join Date
    Oct 2008
    Posts
    11
    Quote Originally Posted by ecmst12 View Post
    You are going to have to google your own statutes, sorry.
    OK. Ive been digging, but cant find much. Maybe im not using the right keywords.
  12. #12
    greatXss is offline Junior Member
    Join Date
    Oct 2008
    Posts
    11
    OK, I did some more digging and found a few things that may help.

    I have an idea and need your advice on this...I'm thinking about printing out everything I have found and contacting this guy direct (I have his number, and know where he works) and telling him that if he doesnt admit guilt to the insurance co. (say this nicely) that I will take him to small claims court on top of pushing the insurance company because he wasn't paying attention and its the reason were in this mess now.

    Is this legal, is it advisable?
  13. #13
    JustAPal00 is offline Senior Member
    Join Date
    Jul 2007
    Posts
    1,864
    Quote Originally Posted by greatXss View Post
    When i made the decision to enter the intersection traffic was moving fine. It wasn't until I was almost clear of the intersection that thing slowed down.

    Regardless of my location in the intersection, the guy shouldn't have entered the intersection because i was still there.

    The cause of the accident was him not paying attention to his surroundings, and his excessive speed/acceleration from a stop light. This is what I think the insurance company needs to focus on.
    You miss the point. Do not enter an intersection unless you can get to the other side! The law racer is refering to could have gotten you cited for blocking an intersection. Traffic was moving when I entered is not an excuse for not getting through the intersection! That being said it does not give opposing drivers the right to accelerate to ramming speed and hit you!

    I have USAA and and pay $3.60 a month for rental reimbursement!
    Last edited by JustAPal00; 10-17-2008 at 10:47 PM.
  14. #14
    greatXss is offline Junior Member
    Join Date
    Oct 2008
    Posts
    11
    Quote Originally Posted by JustAPal00 View Post
    You miss the point. Do not enter an intersection unless you can get to the other side! The law racer is refering to could have gotten you cited for blocking an intersection. Traffic was moving when I entered is not an excuse for not getting through the intersection! That being said it does not give opposing drivers the right to accelerate to ramming speed and hit you!
    I'm not above saying that MAYBE I should have waited, but I made my decision based on experience with this light.

    There were no citations given, in fact KY is a no fault state, meaning they don't give accident citations unless the officer SEES it, and there is no doubt to what happened. They leave it up to the insurance companies to figure out.

    The reason this accident occurred, and with such severity is because of the other drivers failure to pay attention, and the way he took off from the light...esp at rush our traffic.

    Ive lived in several states over the years, and KY is the worst (that I've seen) with having people 'squeeze' through a turn arrow because they are so short. One intersection's arrow is 4 seconds long. I kid you not. Count four seconds in your mind and imagine how many cars will get through. Three cars is the average and I know this because I travel this section several times a week. Its probably the worst, and most dangerous (because of tempers) intersections I've ever seen. This intersection is about three blocks from where I was hit.

    My point - people that are familiar with this area (he works a mile away from the scene) are used to this driving behavior and its embedded in your mind to look for people 'squeezing' in.


    His mind was in the clouds that day, worrying about getting to work on time, and now his precious Beamer, that he has had less than two months is in the shop, beat to hell.
  15. #15
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,515
    You have two choices. Use your collision coverage and assign your rights to sue to your insurance company, or wait to have your car repaired and sue him. I would not advise suing unless his insurance company denies your claim. I doubt they will do so, he was clearly wrong to enter the intersection before it was safe to do so.

Similar Threads

  1. Light turned red while driving through intersection
    By rlwebb in forum Speeding and Other Moving Violations
    Replies: 1
    Last Post: 12-18-2010, 11:52 AM
  2. Red Light at Intersection in Virginia
    By Eric_Virginia in forum Speeding and Other Moving Violations
    Replies: 12
    Last Post: 06-25-2008, 12:27 PM
  3. .Red light violation w/o crossing intersection - CA
    By TheBlackDragon7 in forum Speeding and Other Moving Violations
    Replies: 2
    Last Post: 01-12-2006, 06:32 PM
  4. Crossing intersection on green light
    By jerrys13 in forum Parking Tickets and Non-Moving Violations
    Replies: 1
    Last Post: 10-18-2005, 07:33 AM
  5. Double Intersection red light violation
    By kennbart in forum Speeding and Other Moving Violations
    Replies: 12
    Last Post: 02-25-2005, 10:24 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.