When Insurance companies change their story.

clumsybowler · #1 10-09-2006, 04:51 PM

What is the name of your state? New Mexico

I got in a car accident on private property (there is no police report) three weeks ago where the guy who hit me ignored the yield sign and hit the driver-side rearend of my car. Well, a very nice family approached me to be a witness after the accident occurred. After three weeks of he said/she said battle with my 3rd party witness on my side, the guy who hit me's insurance did their own investigation of the scene and proclaimed that their insurer is not liable to the accident. Prior to this, they had been telling my insurance company that with the witness as well as the pictures that were provided that their insurer is mostlikely at fault. Now, they have changed their opinion completely and disregarded my witness by saying, "They couldn't have been able to see anything." I have a feeling that they are trying to scam me, but I don't know how to approach the situation. I have threatened to get a lawyer, but they don't seem fazed by it. Please, what should I do next? Thank you for your help.

ecmst12 · #2 10-09-2006, 05:02 PM

Do you have collision coverage with your insurance?

clumsybowler · #3 10-09-2006, 05:52 PM

I have liablity only. The insurance company is saying that I am 75% liable for this and they will pay 25% of my damages. Their reasoning behind this is that I pulled out in front of their insurer which is against my story and my witness's story that I was in the right-of-way, and with using excessive speed in a parking lot and failing to yield, the guy hit me. I don't understand how it changed from their insurer is at fault to now I am 75% liable due to a report which the will not release to me.

ecmst12 · #4 10-09-2006, 06:53 PM

You will have to take them to court then. How much money? Is it small enough that it can be handled in small claims court? If not you will need a lawyer.

moburkes · #5 10-10-2006, 12:12 AM

What are you saying happened in the accident? Describe the accident, and let's see how it appeared to have happened. Thanks!

clumsybowler · #6 10-10-2006, 01:59 AM

To answer the first question, I have not had the car assessed so I do not know how much it is going to cost. I was hoping something was going to be resolved, and then I would get the car looked at. Well, I am now searching for an autobody shop to get an estimate.

As for the accident, like I mentioned before, it occurred on private property, so there is no police report. We called twice, and they told us the same story about no police reports are done when the accident occurs on private property.

Well, I was taking a left out of a resturant parking lot onto the throughway of our local mall parking lot. As I was completing my turn, I notice a truck ignore the yield sign and going rather fast enter the mall throughway. After trying to avoid him, I could not with the speed of the truck coming towards me. He then grazed the backend of of the driver's side of my Ford Escort. Soon after, a family that was exiting the same parking lot I had taken a left out of gave me their card and said to use them if I needed a witness. I then exchanged information with the guy, and then him, his friend and his girlfriend (all in separate trucks) peel out of the mall parking lot. (To me, this seems like a common occurance for him with excessive speed in a place that requires a lot less. However, this time he was caught, but he didn't learn from our incident).

After submitting pictures of the scene as well as with my witness's statement, my insurance company resolved that I am not at fault for the accident. It is the guy who hit me that I am having problems with his insurance. For weeks, they were telling my insurance company that they believe that their insurer is at fault for the accident. Well, since he kept denying all statements, his insurance company had to conduct their own scene report. From this report, they determined that I am 75% liable for the accident by saying that I pulled out in front of their insurer. Also, they say that there was a shrub blocking my view, and the skidmark is inconsistent to excessive speed for the throughway.

The insurance company will not let me view this report which has me suspicious how they changed their story so quickly. The report also disregards my witness's statement by saying that their view was blocked. Umm, they were in a large SUV. They would have been able to see everything. Also, they had nothing to lose. They didn't have to come up to me and offer their services as a witness if they didn't see anything.

As for the skidmark, they measured a 16-18 foot with the speedlimit being 15 mph after a yield sign. I did some research online and how speed can be determined from the size of a skidmark. With their measurement, he would have been going close to 20 mph after a yield sign!

I also don't understand how they determined the 25% blame on their insurer. They mentioned to me that it was because of the yield sign that he had, but doesn't that confirm my story?

I hope this has helped answer your questions. Hopefully things will be resolved soon. We are going on 3.5 weeks.

At least, some good news is that my insurance rate will not go up since my insurance company does not place fault on me for the accident, and they will not pay for damages if this guy places a claim against me.

However, with this whole experience, and its frustration, I am highly considering getting a lawyer to deal with the situation. I just want to make sure that this is worth getting a lawyer involved.

Thank you again for all your help!

moburkes · #7 10-10-2006, 08:16 AM

It appears to me, also, that you were at fault. Generally, anyone that makes a LEFT turn is at fault for not yielding to the right of way.

ecmst12 · #8 10-10-2006, 09:32 AM

I would agree, except for the ignored yield sign. The sign implies that the person on that road did not necessarily have the right of way, and he was almost finished his turn when he was hit. OP, talk to your insurance company again, tell them what the other company said and ask if they agree with the assessment. That should at least give you an idea of what your chances would be in court.

moburkes · #9 10-10-2006, 09:36 AM

Quote:

Originally Posted by ecmst12

I would agree, except for the ignored yield sign. The sign implies that the person on that road did not necessarily have the right of way, and he was almost finished his turn when he was hit. OP, talk to your insurance company again, tell them what the other company said and ask if they agree with the assessment. That should at least give you an idea of what your chances would be in court.

I guess that its confusing, then. Because, I can't picture in my mind a yield sign that asks you to yield for traffic that is crossing in front of you. I imagined a yield sign for traffic beside the truck (and maybe merging in with the truck's lane, or vice versa).

ecmst12 · #10 10-10-2006, 09:43 AM

It was in a mall parking lot, traffic signs don't always make sense there

At malls around here there will frequently be stop signs for traffic going straight through the lot but not for those coming into the lot from the street(which are turning onto the main "mall street"), so as not to cause backups on the street of cars trying to get into the mall.

moburkes · #11 10-10-2006, 09:49 AM

I completely understand that. Its the same here. I took the post to mean that the other party was on the thoroughfare w/ a yield sign, and then turned into the mall throughway (whatever that is).

Quote:

notice a truck ignore the yield sign and going rather fast enter the mall throughway.

clumsybowler · #12 10-11-2006, 03:52 PM

I know how it sound with me taking a left hand turn, but he wasn't even at his yield sign when I was already taking the left onto the throughway. As I am completing my turn, I see him entering the mall, and this entrance you can take a left or a right onto the throughway. He was taking a right. Instead of yielding, he continued through. So, the way I see it, I was in the right-of-way and he was to be yielding to me.

To define a throughway, it is a road that circles the actual mall parking lot. There are entrances and exits onto this road, but it is not a public road. It is on mall property.

Hopefully that helps.

moburkes · #13 10-11-2006, 03:56 PM

What was his yield sign for? I've never seen a traffic sign that asks you to yield to traffic turning in front of you. Did you have a stop sign? He was further back, apparently, and you thought you would be able to cross in front of him with no harm?

clumsybowler · #14 10-11-2006, 04:29 PM

His yield sign was due to right-of-way traffic coming from his left. (I wish I could draw a picture so you can see how this intersection is shaped.) He was coming in from a public road. The road splits into a V: you have the option to take a left or a right onto the throughway. If you were taking a left, there is no yield sign and the opposing traffic has a stop sign. If you were taking a right, there is a yield sign since the opposing traffic would have passed through their stop sign and continued on their way. The yield sign allows for the person coming into this intersection to be aware of the people who have passed through that stop sign on the through way and to beware of those taking lefts out of the resturants. Those exiting the resturants do not have a stop or a yield sign.

I was one of the people who exited the resturant. Knowing the area, I stopped before exiting. This guy was not even entering the mall from the public streets as I was taking a left. When I am in my turn, I see him entering the mall. So, I did not assume I could beat him with my left turn. He was not even there for me to consider it.

clumsybowler · #15 10-12-2006, 12:19 PM

Continuation of the saga:

After talking with my insurance company who has been talking with the insurance company of the guy who hit me, it turns out that they are not accepting the story of my 3rd party witness. According to them, the statement received says that the witness did not see the accident. However, my insurance company who talked to the same witness received a statement saying that the witness did see the accident.

Ultimately, I would assume with a he said/she said case with no witnesses, the fault would be placed 50/50. However, they are still saying that I am 75% at fault, and they are not budging even with picture evidence of how my car was hit along with skidmark sizes going against their insurer's statement.

Would it be in my best interest to go to small claims court? Also, is it right that a scene report taken from the opposing insurance company that changed their view of blame should not be released to me? It is apparently an internal report and they can't even release it to my insurance company.

Thank you for listening.