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buck3m
Guest
I am an Alaska resident and was involved in an accident in Alaska on the "Haul Road" (Alaska is not a no-fault state)
I was driving southbound on a snow-covered two lane gravel road on a slippery day. Just as I crested a hill, I saw a northbound 18-wheeler in the southbound lane, chaining up, with his trailer blocking most or all of the rest of the road. He was about 100 feet below the crest. There were no warning markers. I started hitting the brakes, immediately skidded out of control, barely missed the truck, and rolled.
I was uninjured. My truck was totalled. I crawled out and ran up the road to stop any more oncoming cars.
The second car was an Alaska State Trooper. He took photos of the accident, unofficially said the truck driver was a fool, and told me he had broken the law by obstructing the road.
I was driving about 35 miles an hour at the time of the accident on a road where the speed limit is normally 50mph. 35mph was too fast to stop in that short distance with the road blocked.
This happened 3 months ago. The truck driver denied any responsiblity. After viewing the trooper's pictures, here is the insurance company's email:
"I just received the photos and my investigation is now complete. We are prepared to accept 75% of the fault for this loss as our driver set up a hazard and did not provide adequate warning. It is our opinion that you are 25% responsible for this accident as every motorist should keep proper lookout and drive according to road conditions."
Their argument: I should have kept a proper lookout and been driving slower.
My arguments: The accident wouldn't have occured had the truck driver;
Chained up before he spun out,
Stayed in his own lane,
Not blocked the whole road,
Marked the hazard
Should I accept the insurance company's offer? Would it be difficult to recover 100% of damages? If I do accept 75% of damages, do they include any other expenses, like car rental, time lost, other property damaged etc.
Thank you in advance. I appreciate your advice!
buck3m
I was driving southbound on a snow-covered two lane gravel road on a slippery day. Just as I crested a hill, I saw a northbound 18-wheeler in the southbound lane, chaining up, with his trailer blocking most or all of the rest of the road. He was about 100 feet below the crest. There were no warning markers. I started hitting the brakes, immediately skidded out of control, barely missed the truck, and rolled.
I was uninjured. My truck was totalled. I crawled out and ran up the road to stop any more oncoming cars.
The second car was an Alaska State Trooper. He took photos of the accident, unofficially said the truck driver was a fool, and told me he had broken the law by obstructing the road.
I was driving about 35 miles an hour at the time of the accident on a road where the speed limit is normally 50mph. 35mph was too fast to stop in that short distance with the road blocked.
This happened 3 months ago. The truck driver denied any responsiblity. After viewing the trooper's pictures, here is the insurance company's email:
"I just received the photos and my investigation is now complete. We are prepared to accept 75% of the fault for this loss as our driver set up a hazard and did not provide adequate warning. It is our opinion that you are 25% responsible for this accident as every motorist should keep proper lookout and drive according to road conditions."
Their argument: I should have kept a proper lookout and been driving slower.
My arguments: The accident wouldn't have occured had the truck driver;
Chained up before he spun out,
Stayed in his own lane,
Not blocked the whole road,
Marked the hazard
Should I accept the insurance company's offer? Would it be difficult to recover 100% of damages? If I do accept 75% of damages, do they include any other expenses, like car rental, time lost, other property damaged etc.
Thank you in advance. I appreciate your advice!
buck3m