auto accident

[irish1]

I was involved in an auto accident in which a young man went through a red light (because of the glare of the sun he couldn't tell that the light had changed to red). He admitted fault - told the police officer exactly what happened. Since he assumed responsibility for the accident, the officer did not cite him for running the red light. Also since he assumed responsibility, the officer did not take statements from anyone else at the scene who may have witnessed the accident. A few days later, his insurance company is refusing to pay anything at all, saying I had run the light, and, soon after that, an "independent witness" notifies his insurance company that he witnessed the accident and that the young man had the green light. The man that hit me was on a major street, while I was on a lesser traveled one, where the light stayed green (in my direction) for all of 10 seconds and for the major street for 50 to 55 seconds so if he fellow did indeed see the accident and look up and see the light was green, it could very well have turned back to green. I have no way of knowing. I feel like I've been the victim every way you look at it. It appears my insurance company is fighting strongly in my behalf, as they've had to pay the cost of my vehicle, which was totalled, plus many medical bills. Do I have any recourse in this? I tried advertising in the classifieds to see if anyone that witnessed it could contact me but had no word. Should I try to defend myself in any way? Thank you for any help you might give me.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.


If your insurance company is paying for everything, than the only reason you would want to set the record straight is for your own conscience and no insurance hike?

Call the police officer who was at the scene and make him make a statement. Your insurance company should hire an attorney on your behalf or on their own behalf to retrieve the money they expended.


Don't worry about it. If worse comes to worse and it is not resolved, than hire your own attorney. But I have absolutely no clue what your damages would be and who you would sue.

 

[irish1]

So sorry - guess I forgot a few details on original post. The insurance company says my rates will go up if it goes to subrogation and then to arbitration and they find in the other guy's behalf. Add to that the injustice of it. And I've been told that once it goes to arbitrtion and if is found against me, that's it - the end of the line. My rates might go up (or they may not!) and 32 years of perfect driving record go down the drain.


I believe strongly that the witness is no witness at all. My claims representative said that the witness and the kid that hit me go to the same school. I'm out my deductible, the balance of rental car reimbursement. The deductible may be able to be worked out with the insurance. I was not in a position to take on the debt of another vehicle as my husband had just bought one. I could no doubt have replaced the car with another 6 year old car and stayed within the payment received by the insurance company but that didn't make a lot of sense. So, although it's limited, I did incur a debt in replacing the car. I realize that was my own undertaking so that's not considered. Physically I'm still on the mend and will probably be for a few more weeks. I had a cracked sternum from the air bag and chest wall contusions. The pain has almost gone away now, a month after the accident. MY state is PA, incidentally - I forgot to mention that in my first post. I have limited tort insurance so I know I can't sue for personal injury. The entire thing is just very unjust as I had no opportunity to secure witnesses for myself, nor did I realize I needed to - I was taken to the hospital by ambulance and when the officer came to the emergency room, the information he had from the other driver said it all. And no witnesses statements were taken. Too late at that point.

Thanks.