my insurance wants me to file a claim

What is the name of your state? Texas

Was in an auto accident on 10/20 of this year. I got the ticket for failure to yield right of way, when a speeding car hit me as I tried to make a turn, the insurance company said speed was definately involved, and i should make a claim...as of today, there is no other insurance company, there was no proof of insurance for this person on the scene, as well as her child was not in a safety seat and the car does not belong to the driver.
I am also fearing being sued, as I am on disability. I've been told by law they cannot take my disability, but if i were to get married they could still sue me.

I am in total disbelief! I was accused of "driver inattention" and failing to yield right of way, even though I looked before turning! There were cars coming, but I had efficient amount of time to turn. My speed was 10 mph max, the car probably hit me at about 45 miles per hour, totalling my vehicle at a sum of just under 8,000 dollars. The cop said she wasnt speeding, but he wasn't there. I have pictures of skid marks this woman left, as well as the car she was neck in neck with at the time I looked to make my turn (was able to stop before the intersection lines as well as the car directly behind this woman who was stopped 6 cars back. She came out of nowhere. Anyway....can anyone answer as to what to do?

thanks,
stephanie

heppystephy said:

What is the name of your state? Texas

Was in an auto accident on 10/20 of this year. I got the ticket for failure to yield right of way, when a speeding car hit me as I tried to make a turn, the insurance company said speed was definately involved, and i should make a claim...as of today, there is no other insurance company, there was no proof of insurance for this person on the scene, as well as her child was not in a safety seat and the car does not belong to the driver.
I am also fearing being sued, as I am on disability. I've been told by law they cannot take my disability, but if i were to get married they could still sue me.

I am in total disbelief! I was accused of "driver inattention" and failing to yield right of way, even though I looked before turning! There were cars coming, but I had efficient amount of time to turn. My speed was 10 mph max, the car probably hit me at about 45 miles per hour, totalling my vehicle at a sum of just under 8,000 dollars. The cop said she wasnt speeding, but he wasn't there. I have pictures of skid marks this woman left, as well as the car she was neck in neck with at the time I looked to make my turn (was able to stop before the intersection lines as well as the car directly behind this woman who was stopped 6 cars back. She came out of nowhere. Anyway....can anyone answer as to what to do?

thanks,
stephanie

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If the person was speeding they were obviously wrong for doing that. However, when you turn your vehicle into traffic, you are responsible for having the judgment to determine if you can safely make that turn. I can't tell you how angry I get when people turn in front of me as I'm going straight. Regardless, if you have collision coverage, file a claim with your carrier to have your vehicle fixed.

re: insurance wants me to file a claim

state: texas

thanks for responding. yes i get upset when cars turn in front of me when i am going straight, but only if it's obvious they are trying to get nowhere fast, if they have enough time to turn, i'm not upset.
my car is totalled and i only had liability. my insurance told me that there was speed involved and to contact her insurance to file the claim, however, it was not her car.i called the number on the police report and she said she'd have her lawyer contact me.

i guess my question is, can she sue me if i am on disability and also what is a judgement? my brother-in-law says she can sue me and if she wins, there is a judgement to where if i begin to work or get married or buy a house, she can sue me for all of the above. i guess i shouldnt be too worried however, because she was speeding and i have the evidence, i.e. a totalled car, pictures of the scene not 8 minutes after the accident.

heppystephy said:

state: texas

thanks for responding. yes i get upset when cars turn in front of me when i am going straight, but only if it's obvious they are trying to get nowhere fast, if they have enough time to turn, i'm not upset.
my car is totalled and i only had liability. my insurance told me that there was speed involved and to contact her insurance to file the claim, however, it was not her car.i called the number on the police report and she said she'd have her lawyer contact me.

i guess my question is, can she sue me if i am on disability and also what is a judgement? my brother-in-law says she can sue me and if she wins, there is a judgement to where if i begin to work or get married or buy a house, she can sue me for all of the above. i guess i shouldnt be too worried however, because she was speeding and i have the evidence, i.e. a totalled car, pictures of the scene not 8 minutes after the accident.

Click to expand...

How is that evidence of speeding? Someone ran a red light, turned left in front of me and totalled my car. That doesn't mean he was speeding...just means he turned left in front of me and totalled the car. I have pictures as well that were taken about 10 minutes after the accident. How do you consider pictures taken 8 minutes after the accident evidence of speeding?

The law, at least in my State, is if you are turning left in front of a car, YOU are liable for the accident. That is what YOU did. Instead of trying to get out of it, take care of the damages and move on. Save everyone the headache. You didn't have the coverage for your car..that is your problem, not the problem of the other driver. Yes, if he was speeding, that was wrong, but he had control of the lane, you did not.

You will need to hire an accident reconstruction specialist to prove that the other party's speed was the entire cause of the accident. Based on my experience, this is going to be very difficult to do. You are at least partially liable, and considering the lack of any ticket to the other driver, you will most likely be found %100 liable.

Your disablility payments can't be garnished, but any other income can, and your assets will be considered as part of the judgement too.

my insurance wants me to make a claim

state: texas
thanks for your input. i am not trying to get out of anything but being sued personally by this driver. i am taking fault bigtime because i failed to see she was speeding, however, looking foward, its impossible to see that she was speeding, because at the time, she was neck in neck with the car in the furthest oncomming lane of traffic. my son says he thinks she was going faster than 40, the insurance company says they are not saying she was speeding just to get out of paying up either. her skid marks , the weight of her car, the impact it made and so forth are all indications she was speeding and maybe at impact she hit me at 45, speed limit is 40, so given she was at least 4 cars ahead of the other car as she slammed on her breaks, you figure close to 50 mph prior to her skidding. she hit me so hard, her vehicle landed on its side, another indication she was speeding. I have been honest with my insurance company and feel it should be a no fault. Her having no insurance and her child not in a safety seat are also pointing towards her irresponsibility.all of this should be factors regarding the outcome. to top it all off, this was not her car.
As for her suing me, I have found out by law, she cannot touch me since I am on disability and only get 486 monthly. This was one of my questions. The other is the possibility of getting to a jury trial and having a judgement made against me...what that is I have no idea. but thanks anyway, i guess.

thanks to the poster about my disability question....but now i have another....they cannot take my childs retirement benifit check can they?

heppystephy said:

they cannot take my childs retirement benifit check can they?

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No, they can't