other driver ticketed but ins says my fault

[hopsngrains]

In Illinois got in a traffic accident. I was at a red light, it turned green and I sat there waiting for a few cars sneaking in their illegal left turns after their yellow arrow was long gone, after the last car went through I proceeded straight in the left lane(2 in each dir + turn lane). One more car decided to turn left and I hit her, she got a ticket for failure to yield on a left turn, I got nothing. Her insurance company is saying I jumped the gun and didn't wait long enough for the intersection to clear. Im not sure if she stopped then turned, or just went through trying to follow the other cars, even if I didn't wait long enough, she still broke the law. Is her insurance correct? She claimed she had a yellow arrow but there is no way that is true. I did hit my brakes as soon as I saw her but it was raining so I was not able to stop in time, impact was my front pass corner and her rear pass door and tire. Her insurance has not made a final decision because they still don't have a copy of the official police report which is taking forever, I really need to get my car fixed which will cost $3500. How can I get her insurance to pay up now and is there really a possibility that here insurance can get away without paying my repairs?

 

[tranquility]

She could be right. Let your insurance handle the argument.

 

[ecmst12]

Your options are to use your collision coverage if you have it and let your insurance company fight for you (best choice if you have the coverage) or sue her in small claims court.

 

[hopsngrains]

I only have liability and I already argued with her insurance company. Im hoping the police report will straighten everything out, the officer did not say anything to me about any possibility of it being my fault, as far as I know she did not say anything to the officer about me "jumping the gun", she barely spoke english.

 

[tranquility]

The police report may or may not resolve this. It seems the other insurance company has already made a determination. (Did you receive a letter?) If so, a lawsuit will be your only option.

 

[ecmst12]

I don't think there is any possibility that you are at fault, but let them complete their investigation and get the police report. If you get an official denial, sue.

 

[Zigner]

I don't think there is any possibility that you are at fault, but let them complete their investigation and get the police report. If you get an official denial, sue.

Except for that whole not entering the intersection until it is clear & safe to do so thing...I'm sure that's what their insurance is hanging their hat on...that their driver was already in the intersection (regardless of running the red) before the OP started in to the intersection from a stop.

 

[ecmst12]

Very unlikely though. The burden would be on them to prove something like that, because the default presumption when one car is going straight and the other is turning is that the one going straight has the right of way.

 

[Zigner]

Very unlikely though. The burden would be on them to prove something like that, because the default presumption when one car is going straight and the other is turning is that the one going straight has the right of way.

The OP hit the rear portion of the vehicle. I can see the insurance company denying this, as the OP basically jumped in to the intersection before it was clear. I don't think it's a clear-cut case here...

 

[hopsngrains]

My car would have to be a pro dragster to take off after she was in the intersection and hit her after time to react and brake. No official denial from insurance, just waiting for the police report, but the person who handles police reports has been on vacation, I was just hoping that with the ticket issued and evidence that I could make her insurance pay. This whole system is ridiculous, luckily my car can still get me to work but I really feel bad for people where their cars are totaled and its not their fault but they have to wait for insurance companies to play games while they sit and put premiums in their pockets.

 

[Zigner]

My car would have to be a pro dragster to take off after she was in the intersection and hit her after time to react and brake. No official denial from insurance, just waiting for police report, but the person who handles police reports have been on vacation, I was just hoping that with the ticket issued and evidence that I could make her insurance pay. This whole system is ridiculous, luckily my car can still get me to work but I really feel bad for people where their cars are totaled and its not their fault but they have to wait for insurance companies to play games while they sit and put premiums in their pockets.

Please understand that the other driver could have been ticketed for running the red and you can STILL be at fault in this one. You are supposed to wait for the intersection to be clear before entering.

This is posted as coming from the position of Devil's Advocate.


ETA: The "system" is just fine - if you are properly insured. If I were in your position, my insurance would handle all this for me. My car would already be in the shop and I'd have a rental paid for by my insurance.

 

[tranquility]

Once the other insurance company makes a determination, you can complain to the department of insurance if you'd like. They will ask the insurance company to check their determination. (They can't make them change it, however.)

Illinois is a modified comparative negligence state. If a person is less than 50% at fault, they can collect from the other party. But, any recovery will be reduced by the amount at fault. Rarely is one party found to be 100% at fault.

 

[hopsngrains]

Update: her insurance said they are not paying anything, my insurance also said they are not paying her anything. She paid her ticket online, I looked it up it says "pre-court guilty plea". When I go to small claims, is the fact that she plead guilty to failing to yield going to make it easy for me to win this? Someone told me that here insurance company might drop her and refuse to defend her in court since she plead guilty, which could be good because I wouldn't have to go up against an attorney, but also bad since she might not have to money to pay herself.