Stop Sign

#1 12-10-2003, 03:54 PM

What is the name of your state? WV

My husband stopped at a Stop Sign on a very windy road with a blind curve coming the other direction. He looked around saw/heard nothing coming (this was at night so he should have seen headlights coming) so he stepped on the gas and started to pull through the intersection.

He said no more than he pulled forward (about halfway across the first lane) he saw the car but it was too late and SMACK!

The accident was found to be his fault and I believe the ticket said he failed to obey a stop sign. No mention was ever made of the guy speeding and judging from the impact he most likely was (it was only a 25mph area). Most people from this area take caution on this road as they know that it has the dangerous intersection but he is from out of town and didn't know the road. We let it go thinking that the insurance company would fight it if it wasn't his fault or whatever.

Anyway now the guy who hit him is suing (well he sued already but refues to settle). His arguement is that the insurance company knew my husband was at fault and that he negligently ran the stop sign.

Are there any precidents for cases like this? Would it help our case to record how many seconds pass before you are able to see the car coming? Is there anyway to prove that he did indeed obey the stop sign? (I personally feel that the road should have a four way stop being that it has the curve.)

lwpat · #2 12-10-2003, 07:04 PM

"The accident was found to be his fault "

From your description the accident was his fault.

"company would fight it if it wasn't his fault "

Auto insurance companies do not fight traffic tickets. Be thankful that the other driver did not die. Then your husband could have been charged with negligent homocide and be facing jail time and $$$$$ of dollars in legal fees like Congressman Janklow.

"Anyway now the guy who hit him is suing"

Nothing unusual about that.

"Is there anyway to prove that he did indeed obey the stop sign?"

You should have fought the traffic citation if your husband was not at fault. However it sounds like he was and your situation happens every day. I hope that your insurance limits were sufficient. I would suggest that you sit down with the attorney the insurance company has provided and let him answer any of your concerns.

#3 12-11-2003, 08:59 AM

Yes my husband was at fault being that the other guy didn't have a stop sign I am not arguing that.

We were not married when this happened so it all fell on my insurance since it was my car. I have full coverage (100/300) on all my vehicles so was properly insured. My insurance company offered the guy $40,000 for his "pain and suffering". They also paid for his car and medical bills. (his hospital bills have totaled around $10,000 in the three years since the accident).

The thing is the guy refuses to take the $40,000 saying that my husband RAN the stop sign. This was an ACCIDENT, they happen all the time and this guy is trying to make it seem like my husband just recklessly disregarded the sign. Now he is suing us and the insurance company.

They are saying because it was neglect the guy deserves more money. He also brought up the fact that their was a field sobriety test (my husband was 0) so that my husband must be a careless and reckless driver. (He has no prior moving violations). We say had the guy not been speeding my husband would have seen him and not pulled away from the stop sign. It was dark outside and generally you see the headlights coming at you from the stop sign. Because it is a blind curve we don't travel this road at night (actually now we refuse to travel it at all).

I am already paying sky-high insurance rates (2400/month) because of this accident. The guy who was in the passenger side of my car (which was hit by the oncoming car) was barely even sore so it's hard to believe that this guy (whose car had $900 to the front bumper) is so bad off he deserves more than $40,000. This guy finished college and I have seen him walking around, jumping off curbs, and carrying heavy packages yet he is saying that because of the Mental and Physical damage he needs more compensation.

How can I keep this guy from taking further advantage of the system?

JETX · #4 12-11-2003, 09:25 AM

You are being blinded to the facts by your OPINIONS (that are not relevant).

Even though they may be contrary to your opinion, you need to step back and realize:
1) Everyone else has already determined that your husband, consciously or not, entered the intersection without making sure that it was safe to do so.
2) That this conduct was the cause of the other parties damages.
3) YOU have no control over the claim being made by the 'damaged' party. They have every right to claim anything that they can prove to your insurance company and/or a court.

Bottom line:
"How can I keep this guy from taking further advantage of the system?"
*** You can't. The sooner you accept that fact and let the system run its course, the better off you will be.

#5 12-11-2003, 10:47 AM

Give him the 40 grand I don't care. Now he is trying to sue us personally as well as the insurance company (Not that I have anything). But if his claims of injury (psyhe and physical) are made up then is it not insurance fraud? Don't I have the right to hire a PI to prove he is not as injured as he claims? I've seen similar things done on workmans comp fraud so I would assume this would be the same.

In fact could I not video tape him myself and turn it in as evidence that his injuries are made up? Although the accident happend where the guy went to college, little does he know he is from the same town as my father (very small town) and has been seen doing things his claim says he couldn't possibly. In fact it said that the accident affected his psyche so much it hurt his ability to perform his studies but he graduated on time with honors.

JETX · #6 12-11-2003, 10:58 AM

"But if his claims of injury (psyhe and physical) are made up then is it not insurance fraud?"
*** If they are in fact 'made up', then it could be insurance fraud. The verification of claimed 'damages' is something that your insurance company is very familiar with and will certainly consider in their handling this case.

"Don't I have the right to hire a PI to prove he is not as injured as he claims?"
*** Of course you can. And then you can turn over any 'evidence' to your insurance company or attorney.

"I've seen similar things done on workmans comp fraud so I would assume this would be the same."
*** Pretty much.

"In fact could I not video tape him myself and turn it in as evidence that his injuries are made up?"
*** Though I don't recommend it (conflict of interest, possible legal issues, etc.), you can.

"Although the accident happend where the guy went to college, little does he know he is from the same town as my father (very small town) and has been seen doing things his claim says he couldn't possibly."
*** Okay, be sure to tell that to your insurance company investigator.

"In fact it said that the accident affected his psyche so much it hurt his ability to perform his studies but he graduated on time with honors."
*** Again, this is clearly something that the insurance investigators will 'discover'.

So, have you turned this issue over to your insurance company yet??

#7 12-11-2003, 11:08 AM

Yes the insurance company has handled this from the beginning (2000). I thought that handing it to them was the end for me and thought that was why I had insurance to handle an accident but the other day we got a summons for a civil suit and I am guessing that this guy wants my personal money and that suing my insurance company was just not enough for him.

That is the only reason I am so upset by this, I didn't know that having insurance might not be enough that people could actually turn a traffice accident into such a pain in the ass. In fact I totalled my first car rear ending a guy (my fault of course) years ago and once I handed it to the insurance company I could basically pretend it didn't happen as I didn't have to deal with anything.

The summons said that he knows I was covered at 100/300 but the insurance company only offered him 40,000. It's funny that out of the 5 people involved in the accident (my husband had two passengers and this guy had one) his portion of the vehicle was the least damaged but yet he had the most 'injuries'.

abezon · #8 12-11-2003, 03:32 PM

He's suing you personally because the statute of limitations is running out. Your iunsurance will provide a lawyer & pay any damages up to $100,000 awarded by a jury. Tell the claims agent your suspicions of fraud & let them handle it.

#9 12-11-2003, 05:13 PM

In December 2001 we received the first letter from a lawyer saying the guy driving was suing and to give the letter to the insurance company. We did and assumed that everything was taken care of by our insurance company.

Then last week when my husband got the summons that stated the name of the guy vs my husband and Allstate. This summons said it was a civil suit and is from a different lawyer.

Count II on the summons says allstate was regulated by the unfair claims settlement practices act of WV insurance regulations. It says that my husband was insured under my automobile policy (we were not married at the time but he was not insured under my policy either, it was turned into my company because he only had libility through his and I had full coverage on mine. Full coverage included any damage by any driver I gave permission to drive my car).

This summons said we could react by the 26th of November but we didn't receive it until until after that date. (We have moved since the accident). The summons said if we didn't say anything that judgement by default would be taken by him.

It says as a direct and proximate result of the careless and negligent acts of the defentdant, the plantiff prays for judgment against my husband for compensatory and general damages. Also prays for judgment against allstate for compensatory and punitive damages together with costs, attorney fees and interest and such further relief.

So I am assuming he turned down the $40 grand? Because I didn't think you could be sued twice for the same thing.

We assumed that auto insurance "insured" that you could not personally be sued. We didn't even try to turn anything in on my Husbands Insurance (He had libility coverage under his name at another insurance company). I just thought since it was my car my insurance was responsible.

So question two is are we personally being sued? and what can they do? We don't have alot nor do we make alot of money.

Third can they sue me? as well as my husband? Can they take my house since we were not married at the time of the accident?

I am really concerned and just want to know what is going on. The insurance company is supposed to contact me today, but I want to know if we need to get our own lawyer.

JETX · #10 12-11-2003, 05:37 PM

One more time.... give this lawsuit to your insurance company. They will STILL protect you against the new claims being made.

lwpat · #11 12-11-2003, 05:43 PM

The other driver can sue your husband as the driver and also you as the owner of the vehicle. He does not sue the insurance company. The insurance company is only obligated to pay for the legal fees and any court award up to the amount of your insurance limit.

It appears that they have added Allstate to the suit by claiming they did not comply with WV law.

If the court awards more than your insurance limit then a judgement will be entered against you personally and can be collected in accordance with the laws of your state. Your husband needs to notify his insurance company of the claim immediately. You also need to schedule a meeting with the attorney provided by the insurance company as soon as possible.

Hiring a PI to document the other driver's activities would seen to be a prudent step. Most states have an insurance fraud statute. Again the attorney will be familar with how to proceed.