Auto accident, other driver ran red light

[theredpig22]

What is the name of your state (only U.S. law)? Ohio

I was recently in a intersection car accident in which the other driver ran a red light and hit my car. Car is most likely totaled and I have barely heard any information from my insurance company (and nothing from theirs), but the police officer at the scene (and later at the hospital) explained that I was not at fault. I was in and out of the ER that night, but five days later I am continuing to experience a great deal of pain from what they diagnosed as whiplash and from a "contusion" on my knee.
My questions are whether I can get anything for the extra costs of having to get a new vehicle. I know "pain and suffering" is a very ambiguous term, but possibly for that as well. I am not even sure if I will be able to pay for my deductible up front, let alone the costs of having a rental past what the insurance will pay for it and the money needed for a new car. I know that my old car will probably not be able to be paid off in full seeing as I've had it for barely over a year.
Any advice would be appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Zigner]

You are entitled to the value of your car at the time of the accident. The other driver is not responsible for your fiscal decisions. In the future, you should consider "gap insurance" that will pay the difference between the value of the vehicle and what you owe.

 

[Willlyjo]

What is the name of your state (only U.S. law)? Ohio

I was recently in a intersection car accident in which the other driver ran a red light and hit my car. Car is most likely totaled and I have barely heard any information from my insurance company (and nothing from theirs), but the police officer at the scene (and later at the hospital) explained that I was not at fault. I was in and out of the ER that night, but five days later I am continuing to experience a great deal of pain from what they diagnosed as whiplash and from a "contusion" on my knee.
My questions are whether I can get anything for the extra costs of having to get a new vehicle. I know "pain and suffering" is a very ambiguous term, but possibly for that as well. I am not even sure if I will be able to pay for my deductible up front, let alone the costs of having a rental past what the insurance will pay for it and the money needed for a new car. I know that my old car will probably not be able to be paid off in full seeing as I've had it for barely over a year.
Any advice would be appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Unless you have "Gap Insurance" which would allow you to recieve the full amount you financed for the totalled vehicle, the insurance will pay you the fair market value of your wrecked vehicle. They will probably go by "Blue Book" calculations. As far as pain and suffering, it seems you will be able to get a nominal amount since your injuries are merely "soft tissue" type injuries.

Since you were not at fault in this accident, the other party's insurance will also take care of the damage without requiring you to pay a deductible. Your insurance may even pay for your damaged car and go after the Defendant's insurance to reimburse them (this happened in several cases I experienced).

 

[armstrong1988]

You are entitled to the value of your car at the time of the accident. The other driver is not responsible for your fiscal decisions. In the future, you should consider "gap insurance" that will pay the difference between the value of the vehicle and what you owe.

Hi sir I just want to know if the other driver will be liable for that accident? Because he is at fault for that accident? and what will be the charges for that driver?

 

[OHRoadwarrior]

To a point he should be. You were not wearing a seatbelt, I gather, so you are also at fault for your injuries. Otherwise, you should not have knee contusions.

 

[ecmst12]

That is an unwarranted assumption, for one thing. You can bang your knee even with a seat belt on. By the person you responded to is not the OP anyway.

 

[Adam G]

As far as pain and suffering, it seems you will be able to get a nominal amount since your injuries are merely "soft tissue" type injuries.

That's unclear based on an ER room diagnosis. OP should see his/her general practitioner and get a referral to an orthopedist, if necessary. If there is a disc problem, the value of the injuries in a lawsuit jumps dramatically.

OP should get a copy of the accident report from the police. If the other driver was ticketed, that's going to mean he/she was at fault. Then all that's left to bicker about is damages.

 

[Zigner]

OP should get a copy of the accident report from the police. If the other driver was ticketed, that's going to mean he/she was at fault. Then all that's left to bicker about is damages.

Since when did our great country decided that the mere issuance of a ticket determined guilt or innocence, much less, liability for damages?

 

[Adam G]

Since when did our great country decided that the mere issuance of a ticket determined guilt or innocence, much less, liability for damages?

The cop is a neutral witness/observer. If the damages are relatively nominal, the insurance company will rely on it.

 

[ecmst12]

They *might*, but they are not required to. It improves OP's chances of liability being accepted, but it is not a 100% sure thing. Be careful of making assurances like that. The cop is NOT a witness most of the time (did not actually see the accident) and while they evaluate the available evidence, the insurance company makes their own evaluation - and if it goes to court, the judge has the final word.

 

[latigo]

&a

OP should get a copy of the accident report from the police. If the other driver was ticketed, that's going to mean he/she was at fault.

What OP should really do is to ignore Adam G.

What Adam G should do is to find a Q&A Forum with a theme about which Adam G might have a trace of knowledge.

 

[Adam G]

I've only personally handled upwards of twenty files where that was the case. Still waiting for the first one where it wasn't.

 

[latigo]

I've only personally handled upwards of twenty files where that was the case. Still waiting for the first one where it wasn't.

I appreciate your workload. But it doesn’t appear that any of those twenty files were elucidative of the laws of evidence - especially the hearsay exclusionary rules. Which explains the absence of a traffic citation ever being marked as an admitted trial exhibit.

It is one thing for insurance adjusters to deal with the issuance of a traffic citation as a practical consideration in assessing responsibility for a vehicular collision. It would be most impractical not to do so.

But it is quite another to say that the citation is determinative on the ultimate issue of legal liability.

It’s a mere piece of paper and “you cannot cross-examine a piece of paper”. *

________________


[*] North Carolina Senator Sam J. Ervin, Jr., Chairman Senate Special Committee investigating Watergate, in rejecting the Nixon staff’s proposal that subpoenaed White House witnesses submit prepared written statements in lieu of testifying before the committee under oath.

 

[Adam G]

I appreciate your workload. But it doesn’t appear that any of those twenty files were elucidative of the laws of evidence - especially the hearsay exclusionary rules. Which explains the absence of a traffic citation ever being marked as an admitted trial exhibit.

It is one thing for insurance adjusters to deal with the issuance of a traffic citation as a practical consideration in assessing responsibility for a vehicular collision. It would be most impractical not to do so.

But it is quite another to say that the citation is determinative on the ultimate issue of legal liability.

It’s a mere piece of paper and “you cannot cross-examine a piece of paper”. *

________________


[*] North Carolina Senator Sam J. Ervin, Jr., Chairman Senate Special Committee investigating Watergate, in rejecting the Nixon staff’s proposal that subpoenaed White House witnesses submit prepared written statements in lieu of testifying before the committee under oath.

Yeah, obviously. I was writing for a layman looking for off the cuff advice about an insurance claim, not offering high level discourse on the rules of evidence. If you're arguing with an insurance adjuster over liability, an accident report is going to be half the battle.*




[*] Paraphrased G.I. Joe Theme Song

 

[Zigner]

Yeah, obviously. I was writing for a layman looking for off the cuff advice about an insurance claim, not offering high level discourse on the rules of evidence. If you're arguing with an insurance adjuster over liability, an accident report is going to be half the battle.

Backpedal much?

ETA: Just to remind you of what you spewed earlier:

If the other driver was ticketed, that's going to mean he/she was at fault.

You stated quite clearly that the mere issuance of a ticket would automatically mean the person receiving the ticket was at fault. You were wrong. Simply admit it and move on