Ghost cars

[JessiesGirl30]

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

I was in an accident today. On Union Hills westbound, there are 2 left hand turn lanes to turn onto the Black Canyon Freeway. The time the accident happened was just before 4pm, so sunlight in eyes not an issue. I was in the right left hand turn lane, going forward toward the stoplight. We have not reached the underpass of the freeway. These lanes are clearly marked left turn only. I haven't seen too many that have 2 dedicated lanes for left only but I'm sure they exist.

A white car (no idea the plates, type of car, etc.) was in the left hand left turn lane, and the car merged into mine. I saw this car was more than 1/2 way into my lane and I freaked. I swerved to get out of his way and into the car to the right of me. EEK. The ghost car (my expression) sped around all of us and disappeared.

My question is, and I believe I already know the answer, is am I completely at fault for this collision? My husband believes I am because I left my lane. If I had simply let the white ghost car completely merge and he hits me, then I would have no fault. I was taught to avoid accidents and letting one happen just gets under my skin. I saw myself hitting the car to the right of me, and slammed on my brakes but I sideswiped his car pretty good. I have a 1994 Ford 150, one of those trucks that can take a really good beating and you can't tell. My truck has very little damage but I saw the guy's car I hit and it looks to be at least $2,000 worth of damage. The guy said he wasn't hurt, for which I'm thankful. Of course, tomorrow he could mysteriously start hurting. I am hurting myself right now in my neck from the wreck, but I have a prior brain injury and neck problems. I just remembered my neuro has told me in the past (from past accidents, not my fault before thankfully) to ALWAYS go to the hospital to get my brain checked out because it gets thrown around pretty good even if it don't touch anything. I had an accident in 06 that left me with a black eye and I never even hit anything!

Sorry for the rambling. I know I can't prove the existence of this ghost car. If I could find the ghost car, would I be able to avoid some of the liability to fix the car I hit? We called the cops, who did not show up in Phoenix weather (105 to 111 today) but other cop cars drove by saying they can't help and to move our cars. But no cops ever took down the info from the collision, and subsequently I received no tickets. I do have insurance.

I'd like to believe I am not 100% at fault but I also know there's a good chance I'm wrong.

Thanks in advance.
Kathy

 

[ecmst12]

The term the insurance company uses is "phantom vehicle" so you're not too far off.

Did the person you hit see the phantom? If they confirm your story, that's your only chance of escaping fault. If they didn't see it, you're on the hook. Sucks, but that's why we have insurance.

 

[JessiesGirl30]

No one except me saw the phantom vehicle . Of course. Because life would be so much easier if they had. The kid whose car I hit didn't see it but he was pretty well blocked by me. And my 13 year old son was too busy fiddling with the radio to pay attention to anything outside of the vehicle.

Well, thank you for answering my question. It does suck, but yeah, like you said, at least that's what insurance is for. And I'm very grateful the kid wasn't hurt.

Thanks again,
Kathy

 

[You Are Guilty]

Was there a particular reason you didn't/couldn't slam your brakes without swerving?

 

[JessiesGirl30]

YAG: I lost control of my vehicle. I was trying to avoid the one car and it's an automatic response to something that doesn't belong in your lane, I think. The skid marks are pretty substantial but all that proves is that I braked and swerved. The phantom car did not hit their brakes. I am waiting for my insurance company to call me to tell my side but I am not hopeful of a positive outcome.

I have more questions. In 2006, I rear-ended somebody's truck on the offramp of the same freeway, different exit. It totalled my truck and put minor damage (to my eyes) on their vehicle. The people in the other truck then claimed major injuries, which my insurance vigorously investigated because the injuries were not consistent with the accident. My policy limits were paid out eventually (had minimum liability then. It was paid in 2009). The injured got a lawyer but I wasn't the one disputing anything; my insurance company was.

1) My first question is, because of that prior collision and this one yesterday, what are my chances of being dropped by my insurance (State Farm)?

2) This collision did not net injury (that I know of), so I think only the property damage portion comes into play, right?

3) Does having a lot more liability insurance help me with the issue of possibly being dropped, or hurt me, or not affect me? AZ has 15/30/10 limits, which I believe is rediculously low. I have 100/300/100 with a 1.2 million umbrella. Hubby wanted to make sure that if he or I ever caused an accident that hurt or killed somebody that we would hopefully have enough to cover ourselves. And it's not expensive at all to increase the limits. But I wonder: will my insurance company see that as a red flag having so much coverage?

4) When does that 2006 collision come off my record? When it occurred or when it paid?

Thanks in advance for any advice. This is keeping me up nights. I'm just thankful I didn't hurt the kid yesterday (I believe and hope).

Kathy

 

[You Are Guilty]

YAG: I lost control of my vehicle. I was trying to avoid the one car and it's an automatic response to something that doesn't belong in your lane, I think. The skid marks are pretty substantial but all that proves is that I braked and swerved. The phantom car did not hit their brakes. I am waiting for my insurance company to call me to tell my side but I am not hopeful of a positive outcome.

No ABS on a '94? In any event, if the skidmarks are still visible, you might want to try to get some pictures of them to help substantiate your story.

1) My first question is, because of that prior collision and this one yesterday, what are my chances of being dropped by my insurance (State Farm)?

You'd have to ask State Farm. Wed' just be guessing.

2) This collision did not net injury (that I know of), so I think only the property damage portion comes into play, right?

If there is only property damage, then yes. If driver later claims injury, that claim runs apart from the property damage claim.

3) Does having a lot more liability insurance help me with the issue of possibly being dropped, or hurt me, or not affect me? AZ has 15/30/10 limits, which I believe is rediculously low. I have 100/300/100 with a 1.2 million umbrella. Hubby wanted to make sure that if he or I ever caused an accident that hurt or killed somebody that we would hopefully have enough to cover ourselves. And it's not expensive at all to increase the limits. But I wonder: will my insurance company see that as a red flag having so much coverage?

Jeez, I hope not, I have even higher limits myself Unless you raised them the day before the accident, I doubt this will have much effect.

4) When does that 2006 collision come off my record? When it occurred or when it paid?

Which record, the insurance company's or your driving record? I believe insurance still uses a 60-month lookback, and AZ is 39 months.

 

[ecmst12]

The accident drops off your record however many years after they start surcharging you for it. Usually it starts at the next renewal after the accident but sometimes they miss it and it doesn't start until the one after that. Happened to me a while ago.

State farm also dropped my DH after ONE accident that wasn't even his fault (hit and run), so it is actually possible you will be dropped. But can't worry about that now, if it happens it happens. Damage is done.

 

[JessiesGirl30]

Thank You

Thank you YAG and Ec. I appreciate the info. I wasn't able to go out to the scene today but will tomorrow. My hubby told me not to bother but I see no point in giving up completely if there is even a miniscule chance. Worst case is being found 100% liable and since I have the coverage, then at least this guy will get his car fixed. I wish I had the money to fix it without going thru insurance but I don't. And if I get dropped, then we'll try another company.

Here's hoping though

Kathy

 

[butterflyrodeo]

How would the sun in her eyes affect her liability?
Can you blame the sun for not seeing a vehicle and get off the hook?
I was in an accident last year. It happened at sunset, the sun was in my eyes and I was facing west. The other driver was also facing west.
Would my liability change?

 

[ecmst12]

Sun would not affect this at all. No, it does not even a tiny bit mitigate liability.

 

[JustAPal00]

How would the sun in her eyes affect her liability?
Can you blame the sun for not seeing a vehicle and get off the hook?
I was in an accident last year. It happened at sunset, the sun was in my eyes and I was facing west. The other driver was also facing west.
Would my liability change?

If you can't see because of the sun, then you are driving too fast for the conditions.

 

[JessiesGirl30]

I was in heavy traffic and therefore the speed of our vehicles was fairly low. I know the sun being in your eyes does not mitigate liability. I had mentioned the time of day and that sun was not a factor to give as many details as possible. I apologize if I caused confusion. Thanks again for all the replies. Have a safe Labor Day!!

 

[butterflyrodeo]

If you can't see because of the sun, then you are driving too fast for the conditions.

I was parked up on a curb, entering the road going 3 mph.
The other driver was on the wrong side of the road, going 30-40 in a 15 mph zone.
I was at considered at fault because I was entering the road.
Actually, he gunned it and drove past me and our cars scraped.
The development s not finished and there is no off road parking so we have to park irregularly.
The other driver's grandfather built the development and didn't provide us with legal parking spaces.
He also bought the car for the kid.

 

[HighwayMan]

If you have questions or want a discussion on your own accident please start your own thread.

 

[JessiesGirl30]

You Are Guilty: I got to thinking and asked hubby if my pickup has ABS and he said yes. He could not explain why that is important, and if I would have been able to avoid the collision. Would you please explain what ABS does and how it can help me in the future?

Thanks!