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UNDERINSURED

Junior Member
What is the name of your state? Arizona
In Oct. 05 I was faulted in an accident that involved a 3rd party whose ins. co is now suing me because I was underinsured. That is the short side of the story.
I was turning left at a 4 lane intersection, The arrow had changed, the light was green. i waited and turned left when I determined it was clear. I was hit by a vehicle on the passenger side. My front tires were on the 1st white line of the crosswalk. My vehicle was hit so hard it was knocked on its side spinning and 100 ft into the lanes of the oncoming traffic. The vehicle that hit mine then hit the car in the left tunlane with enough momentum to push it back 40 ft. after having hit mine. I believe it came from the fast lane and behinnd the front vehicle in that lane, speeding into my lane to get through the intersection not seeing that I had proceeded to make my turn because of hurrying to get on through the light. The accident report was just not accurate saying even that there was no other traffic at all. The vehicle that hit me was driven by an off duty policeman. My ins. co hired an accident reconstruction investigation that determined it could be proven that that vehicle was going from 6 to 11 miles over the speed limit. The person who hits me's vehicle was imediately disposed of and was never available for my ins. co or the accident reconstruction team to inspect beyond the photos the police took the evening of the accident and those were not very good. I used that in my appeal. I also was in a position to represent myself. I had to resubmit my appeal because the court claimed they never recieved my appeal even though I had sent it via certified mail. The court maintained the original decision to hold me at fault. The ins. co of the person driving the vehicle that hit me accepted some of the responsibility between them and my ins. because of the accident reconstruction findings. Now, however, the 3rd party's ins. co is suing me because I was underinsured. They are suing me for the remainder of the costs of the damages to their client's vehicle, the interest since the accident, fees, and whatever else the judge might want to tack on. I do not have this money. I do not know what the proper way to answer the summons in words is. I have copied the accident reconstruction to include, but I don't know how else to handle this situation. I will have to go bankrupt and don't know how to proceed with that or have the money to afford to do that either. I seriously am in a jam. I really appreciate any advice that can be given to me for how to deal with all of this. It is all new to me. Thank you.What is the name of your state?
 
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ecmst12

Senior Member
How much are you being sued for? If the insurance for the car that hit you accepted a percentage of fault, they will also be responsible for that percentage of the 3rd car's damage. Make sure the 3rd insurance company is aware of that. Beyond that, you are responsible for the rest. If it's a lot, and you have no assets, then bankruptcy may be a good option. You should consult a lawyer.
 

msiron

Member
If he hit you that hard with such force then 'his' airbags deployed (right?) if they did deploy the insurance carrier can retrieve the recorded infomation stored in the derm and know EXACTLY the speed he was going, prior to, and point of impact, and if he braked, and a host of other information just prior to and the moment of the accident.
 

ecmst12

Senior Member
OP is still going to hold the majority of fault in the accident, and the 2nd car's insurance has already conceded that he was slightly speeding and accepted a percentage of fault.
 

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