Left turn accident, minor injuries, what to expect?

[quincy]

jaydoc, the "preview post" feature on this site is broken. When it is used for a first post in a thread, it tends to delete the post instead of submitting it. You can add content to your first post by using the "edit post" feature or you can "reply to thread" and add your content that way.

Please be sure to include the name of your state.

Thanks.

 

[jaydoc]

jaydoc, the "preview post" feature on this site is broken. When it is used for a first post in a thread, it tends to delete the post instead of submitting it. You can add content to your first post by using the "edit post" feature or you can "reply to thread" and add your content that way.

Please be sure to include the name of your state.

Thanks.

Thanks. Just did!

 

[CdwJava]

Speak to your insurance company. They can help in this process and also advise you how much the insurance might go up if they determine you to be entirely or even partially at fault. If the other party was traveling at a rate double the speed limit, this might help to mitigate at least some of your liability.

 

[jaydoc]

Speak to your insurance company. They can help in this process and also advise you how much the insurance might go up if they determine you to be entirely or even partially at fault. If the other party was traveling at a rate double the speed limit, this might help to mitigate at least some of your liability.

I filled out an online form with them. Will call tomorrow. My real worry is getting sued. Have never been in trouble with the law before (not even a parking or speeding violation) and would like to keep it that way. Don't know why I decided 50k liability was good enough!

 

[adjusterjack]

1. I know I will be found to be at fault. I would like to disagree, especially that I was 100% at fault. I know it will be no use. But, I never gave my version to the officer that day other than to tell him how we were traveling which was all he wanted to know. Should I call him today to let him know my version of the events?

You bear 100% of the fault unless you have independent third party witnesses to the other driver going 60 in a 30 or the other driver admitted to going 60 in a 30. So, no, your version of the events won't matter unless the other driver's behavior can be proven. Without witnesses to the contrary you failed to yield and caused the accident.

2. I have insurance to cover up to 50k in damages and 50k in injuries. Will I be sued for more? Is it likely given the events above?

Possible but not likely. Are you sure about those limits? Look again. The property damage liability limit is usually less that the bodily injury liability limit. Generally written as an amount per person, amount per accident (or occurrence) amount for property damage or a Combined Single Limit of one amount for all three.

3. If I get sued will my spouse, who is the better earner in the family and the one with any assets worth naming, be fair game as far as paying up goes?

A lawsuit is likely name both of you. A judgment will affect both of you. But you are getting ahead of yourself.

PS: not a legal question. But, how much does insurance rate go up after a first accident/claim?

A lot.

Seriously, it varies based on a lot of things. Could be 15% to 50%. Likely closer to 15% but no guarantees. Often can be combined with an across-the-board increase for that insurance company. And it will be for 3 years.

 

[adjusterjack]

also advise you how much the insurance might go up if they determine you to be entirely or even partially at fault.

A claim rep isn't likely to know that because it's an underwriting function.

A customer service rep or insurance agent might have some idea.

 

[quincy]

1. I know I will be found to be at fault. I would like to disagree, especially that I was 100% at fault. I know it will be no use. But, I never gave my version to the officer that day other than to tell him how we were traveling which was all he wanted to know. Should I call him today to let him know my version of the events?

Jay, because you reside in a pure contributory negligence state, you only need to show that the other driver was minimally at fault to escape having to pay any expenses incurred by the other driver as a result of the accident. This is not a very high bar.

Accident reconstruction could potentially show the other driver was traveling at an unsafe or excessive speed which helped contribute to the accident. His negligence - even if he can be shown to be just 1% at fault - will bar all recovery.

North Carolina is one of only four states and DC that still have pure contributory negligence statutes.

 

[ecmst12]

Seriously, it varies based on a lot of things. Could be 15% to 50%. Likely closer to 15% but no guarantees. Often can be combined with an across-the-board increase for that insurance company. And it will be for 3 years.

Alternatively, if you have accident forgiveness on your policy, your rates might not go up at all. It may also be outlined in your policy what the surcharge is.

In a contributory state, you would have to have rock solid proof that the other driver was speeding AND that it actually contributed to the accident, which is actually a fairly high bar. You were turning left and so were required to yield to the other driver, so fault clearly goes to you. In theory it's 1%, but in practice it would cost more to defend and be found wrong in court, so most insurance companies won't bother unless they're fairly sure they will win.

 

[quincy]

... The incident - I was turning left when I got hit by an oncoming speeding car going at 60 at an intersection where the speed limit is 30. ...

Here is a Nolo link to car accident laws in North Carolina, posted only because of the example used which is, other than the rate of speed, the same as the incident described here by Jay: http://www.all-about-car-accidents.com/resources/auto-accident/state-car-accident-law/north-carolina.html

I only have one case to provide right now from North Carolina's Supreme Court (April 2015) which details some of what is looked at when a question is raised as to fault. Note the role the jury plays. Here is a link to Ward v. Carmona: http://law.justia.com/cases/north-carolina/supreme-court/2015/518pa13.html

Jay would probably be smart to have the facts reviewed by an attorney in his area if he thinks there is a likelihood he will be sued by the other driver.

 

[ecmst12]

Well, his insurance is going to defend him and hopefully all will be settled within his policy limits. I don't think he needs to spend money on an attorney at this point.

 

[quincy]

Well, his insurance is going to defend him and hopefully all will be settled within his policy limits. I don't think he needs to spend money on an attorney at this point.

What happened to jaydoc's original post? Did he delete it?

I agree that, with luck, all will be settled within Jay's policy limits and he will not be sued.

 

[jaydoc]

Edit: Finally, I am able to post!

I did not delete my first post intentionally. Everytime I tried to post an update to the thread the replies would not post. There was a pop-up claiming that an admin would have to review it before it could be posted. So I tried to edit my first post and that caused it to disappear too!

In any case - the police report came back saying I failed to yield and caused the accident. They say there was a witness who said so. I was not cited. The insurance as well as the police sergeant I spoke to told me that proving speeding is hard.

But, the other driver was under the influence. In my shock after the accident and my concern about my pregnant niece I never really realized that he was acting kind of weird. I was even worried that it could be from the accident. The police report says he was DUI.

So I guess he may not have grounds to sue me or collect from my insurance?

 

[quincy]

Edit: Finally, I am able to post!

I did not delete my first post intentionally. Everytime I tried to post an update to the thread the replies would not post. There was a pop-up claiming that an admin would have to review it before it could be posted. So I tried to edit my first post and that caused it to disappear too!

In any case - the police report came back saying I failed to yield and caused the accident. They say there was a witness who said so. I was not cited. The insurance as well as the police sergeant I spoke to told me that proving speeding is hard.

But, the other driver was under the influence. In my shock after the accident and my concern about my pregnant niece I never really realized that he was acting kind of weird. I was even worried that it could be from the accident. The police report says he was DUI.

So I guess he may not have grounds to sue me or collect from my insurance?

The other driver would have a very difficult time showing that he did not contribute in some way to the accident if the police report shows he was driving under the influence.

Because of the laws in North Carolina and the fact that it can probably be shown the other driver contributed to the accident by driving while under the influence, he could be barred from recovering any compensation at all from you, even if you failed to yield and also contributed to the accident.

There is a duty of all drivers to operate their vehicles responsibly. It is a breach of that duty to drive when under the influence of drugs or alcohol.

Your assets and those of your wife should be safe from any lawsuit. That should relieve some of that worry.

 

[ecmst12]

I would still talk to your insurance company and see what they say. Your neice can more than likely still collect from your policy as well.