As far as I know, the insurance is willing to pay out the issue is that they want to pay my dad. Also, yes I do have a copy of the police report and I am unsure about the "associated factor." It was acknowledged that my sisters headlights were not working and it was 5pm when the accident occurred, therefore my sister was simply not seen by the SUV before they decided to make a left hand turn.When you say that "it was shown that she was not at fault," what do you mean? Was the SUV driver placed at fault by the police in the collision? Do you have a copy of the police report? Was your sister listed as taking some action that was indicated as an "associated factor"?
If this was an uncontrolled intersection (i.e. no lights), and the SUV made a left turn in front of her, did the SUV have a stop sign? Was there a stop sign in ANY of the directions?
I also think that in any lawsuit, the sticky note will could cause some serious issues as it will almost certainly be used to cast some doubt on this as an accident,and instead allow for an argument that it was a reckless act or straight up suicide.
My sister was going straight at an uncontrolled intersection and the SUV was pulling into a mobile home park, no stop signs.
The case is closed and suicide wasn't even a factor, it was never mentioned. However, I do understand why many of you believe its a valid point and could possibly cause doubt.