I'm not at fault but his insurance co. sais I am

[JoshuaJBuck]

What is the name of your state? New Mexico
I was in a car accident which occured when I went threw a yellow light and hit a car coming the oposite direction turning left. He and a witness both said the light was red when I entered. I did not have insurance at the time and now, several months later, his insurance co. sends me to a collection agency. The don't have legal judgement against me, so what should I do? I'm prepared to fight this.

 

[I AM ALWAYS LIABLE]

What is the name of your state? New Mexico
I was in a car accident which occured when I went threw a yellow light and hit a car coming the oposite direction turning left. He and a witness both said the light was red when I entered. I did not have insurance at the time and now, several months later, his insurance co. sends me to a collection agency. The don't have legal judgement against me, so what should I do? I'm prepared to fight this.

My response:

What do you mean by "what should I do?"

What do you want to do?

Hire an attorney?

Pay the debt?

Defend against it?

Win the lottery?

Inherit your Uncle's estate?

Just what is it that you'd like to do?

IAAL

 

[JoshuaJBuck]

What do I do
as in
what should I say to them and the credit collection service they
sent on me, to stop saying I owe them money, without them first having legal judgement against me?

 

[stephenk]

tell them you dispute the charge. ask for all the evidence they have against you. I doubt they will send you anything.

The next step would be to wait for service of the lawsuit on you. then you can defend to your heart's delight.

 

[stephenk]

by the way, how do you plan to discredit the witness who said you entered on a red light?

 

[JoshuaJBuck]

In New Mexico if your bumper is over the first line of the crosswalk when the light turns red you have legally entered the intersection and may proceed threw. I hope, since the witness was behind me I can creat enough dobt that I can have it declared both parties are at fault.

 

[Juan Rodriguez]

Let's just for the sake of argument assume that you are correct and that in New Mexico you can run a red light if your car is poking out too far.

Is it possible that the car you hit may have been "poking out" further and before yours?

That would mean that they had "control of the intersection" thus in the eyes of the insurance adjuster you are at fault for the accident.

 

[I AM ALWAYS LIABLE]

My response:

Hey Juan. Nice to see you back, if even for a cameo appearance. How come you're not contributing more regularly?

Good to see you, old friend!

IAAL

 

[JoshuaJBuck]

New Mexico, being mostly a rural farm state, allows drivers to proceed threw intersections on a red light and not be considered running that light as long as their bumper was over the first line of the crosswalk when the light turns red. This is allowed because it was/is assumed that trucks and other farm equipment can't stop as quickly, thus the definition of running a red light in new mexico is not what most people and other states would consider running a red light.

In the instance of the mva I was in. I was proceeding west bound towards the intersection, the driver I hit was traveling east bound on the same roud I was on, he got in the left turn lane and waited for the intersection to clear before turning north (left) on to the road that intersects the one we both had been traveling. When the light turned yellow he proceeded, without noticing that it was not clear/safe to do so as I had just arived at the intersection. I hit him just as he turned in front of me and just as the light turned red. My bumper was well over the crosswalk when the light turned red.

 

[JETX]

"New Mexico, being mostly a rural farm state, allows drivers to proceed threw intersections on a red light and not be considered running that light as long as their bumper was over the first line of the crosswalk when the light turns red"
*** Sorry, but a review of the applicable New Mexico statute doesn't read that way. What it DOES say is:
"66-7-105. Traffic-control signal legend.
Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, succesively [successively], one at a time or in combination, only the colors green, yellow and red shall be used, except for special pedestrian control signals carrying a word legend, and the lights indicated [indicate] and apply to drivers of vehicles and pedestrians:
A. green alone:
(1) vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at the place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited; and
(2) pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk;

B. yellow alone when shown following the green signal:
(1) vehicular traffic facing the signal is warned that the red signal will be exhibited immediately thereafter and the vehicular traffic shall not enter the intersection when the red signal is exhibited except to turn as hereinafter provided; and
(2) no pedestrian facing the signal shall enter the roadway until the green is shown alone unless authorized to do so by a pedestrian "walk" signal;

C. red alone:
(1) vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, then before entering the intersection, and may turn right after standing until the intersection may be entered safely, provided that such vehicular traffic shall yield the right-of-way to all pedestrians and vehicles lawfully in or approaching the intersection. Whenever the local authorities in their respective jurisdictions determine on the basis of an engineering and traffic investigation that a turn as hereinabove provided should be prohibited at a particular intersection, such turn may be prohibited by the posting of signs at the intersection indicating that such a turn is prohibited;"
Source: http://198.187.128.12/newmexico/lpext.dll/Infobase2/d62/2e399/2f363/2f455/2f471?fn=document-frame.htm&f=templates

Simply, the fact that you proceeded through the intersection when it was NOT green, could be sufficient to to support their claims that you have some or full liability.

Oh, and lets not forget the FACT that you were driving without insurance!!!
http://198.187.128.12/newmexico/lpext.dll/Infobase2/d62/2e399/2edab/2f0f4/2f116?fn=document-frame.htm&f=templates

 

[brandylbryan]

first write to the collection agency and tell them you are disputing the claim, then you need to hire an attorney or begin paying on the claim. with an eyewitness saying the light was red, the evidence is not in your favor. sorry.