Starz1632002
Junior Member
What is the name of your state (only U.S. law)? California
My husband was involved in an accident back in September 2013. He was driving home from work at 330 am on the freeway, it was still dark out with not very many vehicles on the road. There was an accident that had occurred moments before and he was the first car to approach the accident. Both vehicles in the accident did not have any lights on so once my husband got closer it wasn't until he saw them with his headlights that he slammed on his brakes. His car then hydroplaned on antifreeze & oil causing his car to continue to slide and he hit one of the vehicles. One of the drivers (the one he did not hit) died at the scene, people are assuming he was under the influence (witnesses say he was swerving, speeding and almost hit other cars prior to accident but I need to confirm this with police report). Anyway the deceased drivers' insurance contacted me and is saying they are only taking 20% of the liability and seem to be blaming everyone for the accident EXCEPT their driver. They are saying the that other vehicle (my husband hit) which was driven by an older woman "shouldn't have been driving that late my herself" and "she should have seen our driver and swerved to avoid impact" "We think the impact she caused killed our driver". This poor lady was hit by the male driver how is she at fault?! And who is this guy to make sexist remarks that because she is a woman she shouldn't be on the road that late. Regardless, the insurance company is saying that if my husband was driving at a safe rate (which he was) he could have had enough time to stop and avoid the accident. From what I was told the accident was pretty bad and pieces of the cars and fluid were scattered everywhere. My husband stopped in time to avoid colliding but couldn't see the fluids on the ground which caused him to continue to slide. I think it is absurd that the insurance company is only taking 20% of the liability. Do we have a case? What is the next course of action if I do not agree with their settlement offer? The damages are not that much maybe $3,500 for car, medical bills, and loss wages so I don't know if it is worth going to court for. Thank you in advance.
My husband was involved in an accident back in September 2013. He was driving home from work at 330 am on the freeway, it was still dark out with not very many vehicles on the road. There was an accident that had occurred moments before and he was the first car to approach the accident. Both vehicles in the accident did not have any lights on so once my husband got closer it wasn't until he saw them with his headlights that he slammed on his brakes. His car then hydroplaned on antifreeze & oil causing his car to continue to slide and he hit one of the vehicles. One of the drivers (the one he did not hit) died at the scene, people are assuming he was under the influence (witnesses say he was swerving, speeding and almost hit other cars prior to accident but I need to confirm this with police report). Anyway the deceased drivers' insurance contacted me and is saying they are only taking 20% of the liability and seem to be blaming everyone for the accident EXCEPT their driver. They are saying the that other vehicle (my husband hit) which was driven by an older woman "shouldn't have been driving that late my herself" and "she should have seen our driver and swerved to avoid impact" "We think the impact she caused killed our driver". This poor lady was hit by the male driver how is she at fault?! And who is this guy to make sexist remarks that because she is a woman she shouldn't be on the road that late. Regardless, the insurance company is saying that if my husband was driving at a safe rate (which he was) he could have had enough time to stop and avoid the accident. From what I was told the accident was pretty bad and pieces of the cars and fluid were scattered everywhere. My husband stopped in time to avoid colliding but couldn't see the fluids on the ground which caused him to continue to slide. I think it is absurd that the insurance company is only taking 20% of the liability. Do we have a case? What is the next course of action if I do not agree with their settlement offer? The damages are not that much maybe $3,500 for car, medical bills, and loss wages so I don't know if it is worth going to court for. Thank you in advance.
