automatic found at fault?

[bijou-MP5]

What is the name of your state? IL

My first question is that if in illiois person rear ended is automatic found at fault like CA?
My car was rear ended from when I was making right at intersection.
Car coming from behind slided from rear right tires all the way to front right fender.
Their insu co denies to pay me. They said I was making right turn from the left lane.
the lane was divided into one wide lane plus a left turn lane.
but they are saying lane was 2 lane plus a left turn lane.
I told them it was one wide lane because it didn't have white strips to divides the lane, except for the left turn lane.
I have talked to few chicago police officers, and they told me whoever was listed in unit one area in police report is at fault. I was listed in unit 2 area.
but GEICO disregarded police reports.
so i have hired an attorney to settle this matter. GEICO reassigned new adjuster to reconsider but still they denied.
basically court is the only option for me.
I know...you guys probably think why didn't you reported to your insurance comp, but I didn't have one that time.
please don't flame me for not having insurance, i have learned my lesson.
don't get me wrong but in order to claim to my current insurance comp, do I have to lie about accident and tell them I was rear ended from something else?
sorry about troubles, I was just too desperate...and disappointed.

 

[stephenk]

so your question is how you can commit insurance fraud?

 

[bijou-MP5]

forget about what I said last paragraph.
I just need to know if in illiois person rear ended is automatic found at fault like CA?

 

[ladyc4]

Here in Michigan, a driver who runs into the back of another vehicle is pretty much guaranteed a citation for "violation of basic speed law,failure to stop in the assured clear distance."

However, I'm not sure that applies to all states-and it sounds like you were NOT rear-ended, you were clipped on the right side by another vehicle. This could come from several events,including trying to make a right-hand turn from either the middle lane, or from too far to the left in a "wide" single lane. I think you won't win on this,but you may want to be prepared for the other driver coming after YOU..

As far as laying the repair bill on another insurance co,-or as stephenk so neatly put it,committ insurance fraud- how are you going to explain the absence of a police report?(If you use the one you have the date on it is going to prove you to be a liar.)I suppose you could claim some kind of parking/unparking incident, which will surely serve to red-flag you to your new insurance co as an idiot,and may even get you cancelled, if an adjuster is sent to look at your car and the damage is not consistent with your story as to how and when it happened.




Get out the "Ding King" and the duct tape,and call this an important learning experience. Don't make it a worse one by adding attempted fraud to a lapse in judgement.

 

[JETX]

A person who 'rear-ends' another (their front, to your rear) is generally considered to be at fault for failing to provide sufficient spacing.

However, from your post, you were not rear-ended. The damage to your car is on the side ("rear right tires all the way to front right fender").

 

[bijou-MP5]

Thank you for all your comments.
I know, my case is really hard to judge. My car basically was hitted from side. I was totally on right side of lane, but since other driver hit me from side, their insurance comp argues that i was turning from left lane, which is totally untrue.
this accident happened Jan 27 and their insurance never asked to pay for their damages. They just sent me and my attroney that they are not responsible to pay for my damages.
This is so frustrating, but not having insurance....it's my fault. But far as i know, having insurance or not is nothing to do with causing the accident.
I'll be honest and I'm not going to claim my accident to my insurance and not going to lie about it.
I was confused with deductible method. I though if I just pay my deductible, then insurance pays the rest no matter when or what has happend to my car.
but since I didn't have insurance when accident occur, deductible is not a option right? even though I do have insurance right now.
and Thanks again for good and bad comments.
I will take all your advices.
but are you guys saying that I have no chance to win this matter?
even though police reports says its other drivers fault?

 

[ladyc4]

If you were totally to the right,how did the other vehicle get over to hit you on the right side?? As a general rule, there is a gravel shoulder, a curb, a ditch-SOMETHING to the right of the lane.

If the other driver has been found at fault, it might be worth checking with an attorney-sometimes the ins. co get's down to percentages of fault...

 

[bijou-MP5]

Hi, Ladyc4
That's why this case taking long time.
I'm the one who got hit, that day condition of road was traffic time. I think he was in rush and he didn't notice my car making right turn and he pulled to the right because he doesn't want to get hit by cars on his left side and he went over the shoulder and hit me.
after accident I was not in middle of intersection. I was 80% at right lane and his car went over the shoulder.
It's just too mad that I didn't have any eye witnesses.
That's why I hired an attorney to resolve this matter. GEICO denied twice and now my attorney is filing to a small claim court.
I know this is difficult situtation, but if they thought i was making right turn from left lane, how come they never came after me for damages?
I'm asking you experts (including you ladyc4 ) in this forum, some advices to prepare for this law suit.
btw, he was from NY and moved in chicago about month and half and still have old license and car belongs to his mom and his car was all tinted around.
I'm not trying to win this matter 100%.
I'm willing to negotiate and get paid about 70~80% including car rental.
what do you guys think?

 

[JETX]

"what do you guys think?"
*** Based solely on the information in your posts, I think that you have very little, if ANY, chance at all of getting them to pay for your damages.
I also think that you need to get prepared for a possible lawsuit by the other drivers insurance (Geico) to recover their 'damages' (costs they incur) in their policyholders claim.

 

[bijou-MP5]

So no matter what the police reports says I have no chance to recover?
Hey, Jetx why do you think I have little chance?
I want to see others perspective. of course, unless you see the pictures of my car and roads. You all probably think its my fault.
Only problem I was having that time was not having a insurance.
I'm 110% sure I was making right turn from right lane.
but I guess others don't belive that thinking through common sense.
btw, how long does other insurance comp to come after me for their car damages?
it's already been over 2months, but didn't hear anything from them yet.

 

[JoBarry]

Taking this in a different direction, why don't you contact the city where that particular street is located to find out exactly what it is designated as? You claim "one wide lane" and Geico claims "two lanes"....I'm sure the city can tell you the exact specifications as to whether it is one or two lanes. If it is one lane like you claim, this should help your case. However, if it is two lanes then just start putting away some extra dough for when Geico comes after you.

Just a suggestion, Joanna.