Car got rear-ended and totaled and traffic light wasn't working

[lilithlove]

California:

I was trying to get on the freeway and right on the ramp there's a light that you have to stop at that basically lets one car go at a time. This light is always working but today it was hard to tell and some cars were stopping and others weren't. So I stopped right before and the person behind me rear-ended me and basically totaled my car. I'm relatively ok (kinda sore) but my car is ruined. The officer collected our info and told me the traffic light wasn't working either.

Now, what are my options with insurance? I have a car loan and I'd be at a loss if they just gave me the market value. The other driver was obviously at fault, but can I sue their insurance company? Or can I sue the city for having a faulty traffic light? The officer made a report and even directly told me it wasn't working for some reason. I have the documents and everything. Thanks

 

[Just Blue]

California:

I was trying to get on the freeway and right on the ramp there's a light that you have to stop at that basically lets one car go at a time. This light is always working but today it was hard to tell and some cars were stopping and others weren't. So I stopped right before and the person behind me rear-ended me and basically totaled my car. I'm relatively ok (kinda sore) but my car is ruined. The officer collected our info and told me the traffic light wasn't working either

Now, what are my options with insurance? I have a car loan and I'd be at a loss if they just gave me the market value. The other driver was obviously at fault, but can I sue their insurance company? Or can I sue the city for having a faulty traffic light? The officer made a report and even directly told me it wasn't working for some reason. I have the documents and everything. Thanks

You visit the Doctor regarding your injuries ASAP. "Kinda sore" today may feel much, much worse by morning. You need to contact your Insurance company and report the accident. If/When a law suit is filed it would be against the driver that hit you...not the city. The idiot is at fault.

 

[adjusterjack]

I have a car loan and I'd be at a loss if they just gave me the market value.

Sorry, there's nothing you can do about that. If your loan balance is higher than the market value (ACV) of your car, you'll have to make up the difference to pay off what's left of the car loan. That's what GAP insurance is for. You didn't buy it?

You might be able to make that up with an injury claim against the other driver. Go to your doctor. Get evaluated. You are very, very sore. Get muscle relaxers and mild pain relievers. Maybe even a few weeks of physical therapy because your neck and back realy, realy hurts.

 

[quincy]

Word of warning: Do not try to “fake” an injury to get more insurance money.

 

[adjusterjack]

He won't have to. He'll hurt enough.

 

[quincy]

He won't have to. He'll hurt enough.

If he has pain, certainly he should get medical attention.

 

[zddoodah]

I was trying to get on the freeway and right on the ramp there's a light that you have to stop at that basically lets one car go at a time. This light is always working but today it was hard to tell

I've never seen these lights working on a Saturday. Why was it "hard to tell" if the light was working?

Now, what are my options with insurance?

I'm not sure I entirely understand the question. You should make a claim against the other driver's liability coverage.

I have a car loan and I'd be at a loss if they just gave me the market value.

You're entitled to the lesser of your car's fair market value at the time of the accident or the cost of repairs. That you are/were upside down on the loan is not the other driver's (or its insurer's) problem.

The other driver was obviously at fault, but can I sue their insurance company?

Anyone can sue anyone for anything. However, for what would you sue? What legal wrong did the other driver's insurer commit against you?

Or can I sue the city for having a faulty traffic light?

Again, anyone can sue anyone for anything. However, why do you believe the city, as opposed to CalTrans, would be responsible for a traffic control light on an onramp? You also haven't clearly articulated why/how you believe the light was faulty. And, even if you could successfully sue "the city" or CalTrans, why would you want to? If the other driver has sufficient liability limits to cover the damage, there's no point at all in suing anyone else.

 

[adjusterjack]

I've never seen these lights working on a Saturday.

OP posted on Saturday. Didn't say it happened on Saturday.

 

[Zigner]

OP posted on Saturday. Didn't say it happened on Saturday.

"...today it was hard to tell..."

OP actually did say it happened on Saturday. The OP may not have meant to say that, but that's what was said

 

[Zigner]

As an aside - I HATE when people stop at the metering light (not a "traffic light") when it is not metering. Slowing down some I understand...but why STOP?

 

[zddoodah]

OP posted on Saturday. Didn't say it happened on Saturday.

I disagree. He/she wrote, "This light is always working but today it was hard to tell. . . ." If the accident didn't happen the day that the OP posted, then why do you suppose he/she told us what the situation was like "today"?

 

[stealth2]

Regardless of what day the accident occurred.... metered lights are usually only operational during high traffic volume times. It's possible it was at such a time, and the light was malfunctioning. It's equally possible it was not during a high-volume time and simply not turned on. That's a detail the insurance company(ies) may use in determining the claim payout (@adjusterjack would likely be better able to elucidate). Being under water on the loan will be irrelevant...

 

[Zigner]

I had a happy surprise yesterday afternoon. On the on-ramp I frequently use, the metering light has been plowed down by someone...woohoo - no stopping!

 

[adjusterjack]

Fault is not absolute when a driver rear-ends another car.

This may be one of those rare occasions where the hitter has, at least, a partial defense.

Doesn't help him, though.

Helps his insurance pay a bit less but he's still going to be surcharged for the accident.

 

[LdiJ]

California:

I was trying to get on the freeway and right on the ramp there's a light that you have to stop at that basically lets one car go at a time. This light is always working but today it was hard to tell and some cars were stopping and others weren't. So I stopped right before and the person behind me rear-ended me and basically totaled my car. I'm relatively ok (kinda sore) but my car is ruined. The officer collected our info and told me the traffic light wasn't working either.

Now, what are my options with insurance? I have a car loan and I'd be at a loss if they just gave me the market value. The other driver was obviously at fault, but can I sue their insurance company? Or can I sue the city for having a faulty traffic light? The officer made a report and even directly told me it wasn't working for some reason. I have the documents and everything. Thanks

Actually you might be wrong about being under water on the car loan. Used car prices are at an all time high right now. My car recently got totaled and I got an amount of money for it that really astonished me. I got enough to pay off the loan plus enough to make a down payment on another car. So, don't assume anything at this point. Let the insurance process proceed and if you don't get a fair shake then consider other options.