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Someone backed up into me at a stop light! Say it's 50% my fault!!!

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pood

Junior Member
This is in Seattle, Washington.


Here’s the breakdown.

1) There’s 3 lanes total. The right lane I was on was separated by double yellow line (DYL), with 2 other lanes on the other side of the DYL. I was turning into Taco Bell on the left.

2) I stopped because there was a car coming on the other side. Then I turn, just when I turn, the car at the next lane (which was facing the other direction) decides to backup for no reason. He was already stopped at a stop red stop light. When later I asked him what he was doing, the answer was “I was just backing up little bit.” This isn’t much of a response.

3) So I turn, he backs up right into my driver rear door, the door needs total replacement. You can’t open it, and now it seems that the indoor lights when turn off because of it. The front door is also slightly dented.

4) We both turn into Taco Bell to asses the damage. He asks, we don’t need to call the police right? Since no one got hurt. He just told me to trade insurance, I was thought to myself the same, but I didn’t exactly know what to do so I trusted him (very naïve of me), since he was much older (looks to be in late 50s or early 60s). Now, looking back at it, I should’ve called the police, it now seems clear to me because he has gotten into other accidents before, he even told me so. He knew exactly what to do, he knew that by calling the police, it would make my case stronger, but I didn’t know that at the time.

5) So I filed the claim with his insurance company (Progressive). I didn’t file for ours, since I knew it was clearly their fault. We did call our insurance company (All-State), they said it looked like it was their fault, so no need to file it.

6) About five days later, the local Progressive Rep called us and said that it was partially our fault. She said we were making a traffic violation because we turned on a DYL. So I looked that up, according to Washington State laws, it is legal to turn at a DYL if it the width of the two lines were less than 18 inches. So we actually went to the site and measured and took pictures. We emailed the pictures and the law. (http://www.cityofwenatchee.com/engineering_faq.htm#double yellow)

7) So she tells us she’s going to look into it. 3 Days later, she calls us back, we had to call her every hour to get her to call us back. Her argument still stands. I didn’t have a proper “look out.” Her exact words were, “you didn’t look both ways.” Which of course I did, I looked at the direction that I was suppose to look, left and right. I asked her, does she look back every time she turns even though no cars were suppose to come from that direction? She still holds strong with the argument, nothing seems to budge her.

8) Right after the accident, we had our damage assessed. It totaled over $3k. She gave her estimate today, at only $1.4k They found a used door they could use. I’m okay with that, if everything is fixed, I don’t care how much it took to fix. Here’s the thing, she said they were only liable for 50%! That got me really mad, I just told her I can’t talk because I was so furious and I’d call her back tomorrow.

9) Now maybe I need to get All-State into it, doesn’t look like I have any choices. My dad was also saying, we should take it to court.

10) The advice I need is, do any of you guys know of a law that shows that we don’t need to look back? If I can prove that, they have nothing to use against me.

11) Although, I should sue them because I’m researching and talking to them when I could be working…even though I’m self employed.

I hope this isn’t too much to read, I’d be grateful if someone can help me.
 


Lynx 36

Member
Without a police report it's their insured's word vs yours. Even w/ a PR it is, unless there is an un-biased witness.

Quote: "3 Days later, she calls us back, we had to call her every hour to get her to call us back."
That will endear the claims adjuster from the other insuarnce to call you back and find in your favor.
They work a lot of claims at one time. Yours insn't the only one.

Why would you hire an atty f/ a couple thousand bucks in damage to your car? Much cheaper to...................

Turn it into Allstate, pay your deductable and let the insurance companies hash it out. After subrogation and possible arbitration between the two you may get some or all of your deductable back depending on the finding.
 

pood

Junior Member
well, I just discovered my parents that my insurance only covers personal damage, but not my car.

what to do?

this could also be relevant, I had a neck injury from a martial arts class (over a year ago) and it seems that my neck is hurting more than usual after the crash.

could this be used against them?
 

Lynx 36

Member
If the other insurance company has found it to be 50/50 then Allstate would have to be notified as the other company will subrogate Allstate f/ 50% of their costs they had to pay out. Allstate will also have to investigate the claim, thus you have someone on your side to negotoiate. Allstate may fight f/ you as they may not want to pay this claim either.

As far as your injury goes the other company right now will pay 50% of bills, pain & suffering etc. Just like on your car. Having a pre-existing condition such as your neck injury will actuall work AGAINST you as it is looked at as a re-aggravation of an old injury. You can try and hide it, but when insurance companies handle injury claims, they get your medical history. They will also take recorded statements, so if your are caught lying about anything it will also go against you as you will be looked at as not being honest.

From what I read here it sounds like the other driver is at fault f/ not looking before he was backing up. You were turning across two lanes of traffic to enter a parking lot which is legal to do.

Good luck.
 

pood

Junior Member
Lynx 36 said:
If the other insurance company has found it to be 50/50 then Allstate would have to be notified as the other company will subrogate Allstate f/ 50% of their costs they had to pay out. Allstate will also have to investigate the claim, thus you have someone on your side to negotoiate. Allstate may fight f/ you as they may not want to pay this claim either.

As far as your injury goes the other company right now will pay 50% of bills, pain & suffering etc. Just like on your car. Having a pre-existing condition such as your neck injury will actuall work AGAINST you as it is looked at as a re-aggravation of an old injury. You can try and hide it, but when insurance companies handle injury claims, they get your medical history. They will also take recorded statements, so if your are caught lying about anything it will also go against you as you will be looked at as not being honest.

From what I read here it sounds like the other driver is at fault f/ not looking before he was backing up. You were turning across two lanes of traffic to enter a parking lot which is legal to do.

Good luck.
it looks like they might've gotten me for not looking completely left when I was turning...I think I do remember telling them that even though I checked if theres incoming traffic from the other direction, but not check the lane next to me if anything was moving. So they're pinning me for that because I didn't have "proper lookout." I ended up talking to the supervisor for the progressive claims rep and he said the same thing. Although I was sure that checked if the coast was clear before I turned. I turned probably a sec before he backed up, so there would be no way for me to stop turning.

So, now the progressive guys called up AllState to get them to pay for their guy's damage. Should I wait till All State is done investingating that? Or should I go ahead and go with the progressive guys and get my car fix...I really need to get it fixed because I need to go back to school in about a little more than a week

the supervisor also told me that All State will do their own investigation and if they think it's 100% NOt my fault, it will go through arbitration...From the sounds of it, this could take a very long time?
 

Lynx 36

Member
That's why they are finding you 50% liable. if you admitted to them you weren't looking that is why they made that decision.
 

pood

Junior Member
Lynx 36 said:
That's why they are finding you 50% liable. if you admitted to them you weren't looking that is why they made that decision.

yeah, so, I guess I've got to wait on All-State now, just filed my claim, should get back to me tomorrow.

It looks like I'm not going to have a car when I go back to school in january;(
 

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