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  #1  
Old 12-17-2003, 05:48 AM
phatcat42141
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My Fault???? what


What is the name of your state? KY

I was in a very serious accident this last friday (Dec 12,2003) and now I am afraid that they are going to say it was all my fault.

Details are as follows:

I was traveling to work when a pickup truck came across the center line and almost clipped the car ahead of me so I tried to keep from hitting them when my car skidded over a 10 - 15 foot embankment and flipped several times. The truck never stopped and I have no proof of him except one tire mark in the middle of the road. Now I was not seriously injured although everyone says by looking at my car I should be dead. The newspaper reported that I was going at a high rate of speed and lost control of my car... This is not possable as thier was another car in front of me. I am trying to get the state or county to place guard rails up at this place as it has none. I never got to make a statement to the officer that was on scene. (YET) How can I prove that my speed was under the speed limit and the car rolled because of no guardrails on a 10 - 15 foot drop embankment? I have lost my car as it is beyond fixing. (Man I loved that car) I might end up losing my job as my credit is poor and insurance rates are outragious when paying them with a car payment. (The wrecked car was paid for in full) and I have no way to get to work. Where do I turn in this time of need?
  #2  
Old 12-17-2003, 05:51 AM
phatcat42141
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My car remains


Here is a link to what is left of my car [url]http://files.automotiveforums.com/gallery/showgallery.php?ppuser=123577[/url]

[url]http://www.cardomain.com/memberpage/480891[/url]

Last edited by phatcat42141; 12-18-2003 at 12:08 AM.
  #3  
Old 12-17-2003, 06:32 PM
Member
 
Join Date: May 2001
Location: California
Posts: 167
Your feeling is absolutely right. They ARE going to put you at fault.

You have no proof of the other vehicle and evidently no witnesses. Your car did not make contact with the other vehicle. 9 out of 10 drivers involved in solo, loss-of-control accidents will blame the phantom vehicle, however, the police never buy it. Your insurance company won't either.
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I am a liability claims adjuster, not an attorney. Any advice I give should be considered informational or educational and not be construed as legal advice. My answers are based only upon my opinion.
  #4  
Old 12-17-2003, 07:46 PM
phatcat42141
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another question


Can I sue the state or county for not having guardrails up at such a huge dropoff? I was told by the cop that there should have been guard rails there in the first place.
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