Questionable Fault in Car Accident- What to do?

[fontsavant]

Hi everyone, greatly appreciate your advice on this matter. My good friend Jenn was involved in a car accident recently that resulted in injuries. The stories on what happened greatly conflict, so I'm trying to help her figure out what she should do. Personally I don't know what to believe since she was in shock and taken to the hospital with a concussion immediately after. I've always know her to be a cautious driver, and an honest person. She failed to get any photos, though the other driver did and refuses to share them unless she has an attorney request them. I don't know what to tell her. Her insurance wants her to just take the blame, but she worries it will open her to liabilities? She genuinely does not think it was her fault.

She was hit by another driver and very flustered and in shock at the time of the crash so she wasn't able to provide the police report with much info. It was recorded from the other driver's point of view, and noted that she was confused and in shock.

Basically her story is that she stopped at a stop sign, then proceeded to make a left when she saw it was clear. Suddenly she was t-boned by the other driver. Who came out of no where. The other driver struck her driver's side door and it looks to be a fairly forceful impact.

The other driver is claiming she failed to yield the right of way and by the time she saw her enter the intersection it was too late to stop. But the force of impact seems a bit much if this driver was doing the speed limit.

My friend says all she remembers was using Maps to GPS a location, and the place she was going was on Street A and the police report claims she was on Street A so it made no sense for her to be making a left turn onto street B which the cops claim she was doing. It makes more sense that she would be on Street B making a left onto Street A which would then give her the right of way. However she can't remember what street she was on.

Any advice for her is greatly appreciated. Thank you so much! Should she try to go on record that she was not at fault or just go along with it and take blame? Apparently the other driver already has spoken to an attorney and she was in a state to be able to take pics.

 

[Just Blue]

Hi everyone, greatly appreciate your advice on this matter. My good friend Jenn was involved in a car accident recently that resulted in injuries. The stories on what happened greatly conflict, so I'm trying to help her figure out what she should do. Personally I don't know what to believe since she was in shock and taken to the hospital with a concussion immediately after. I've always know her to be a cautious driver, and an honest person. She failed to get any photos, though the other driver did and refuses to share them unless she has an attorney request them. I don't know what to tell her. Her insurance wants her to just take the blame, but she worries it will open her to liabilities? She genuinely does not think it was her fault.

She was hit by another driver and very flustered and in shock at the time of the crash so she wasn't able to provide the police report with much info. It was recorded from the other driver's point of view, and noted that she was confused and in shock.

Basically her story is that she stopped at a stop sign, then proceeded to make a left when she saw it was clear. Suddenly she was t-boned by the other driver. Who came out of no where. The other driver struck her driver's side door and it looks to be a fairly forceful impact.

The other driver is claiming she failed to yield the right of way and by the time she saw her enter the intersection it was too late to stop. But the force of impact seems a bit much if this driver was doing the speed limit.

My friend says all she remembers was using Maps to GPS a location, and the place she was going was on Street A and the police report claims she was on Street A so it made no sense for her to be making a left turn onto street B which the cops claim she was doing. It makes more sense that she would be on Street B making a left onto Street A which would then give her the right of way. However she can't remember what street she was on.

Any advice for her is greatly appreciated. Thank you so much! Should she try to go on record that she was not at fault or just go along with it and take blame? Apparently the other driver already has spoken to an attorney and she was in a state to be able to take pics.

Please have your friend sign up, with her own user name, so we can assist her. Please tell her to list her state when she starts her thread. Thank you.

 

[ALawyer]

As your friend was personally injured, she should consult a local personal injury / auto accident lawyer. (She can easily find a good one on www.AttorneyPages.com) As cases like hers are typically handled on a contingency fee basis and lawyers handling such cases typically provide a free consultation at the very least she'll get some professional guidance from someone on the scene who may be able to get more information from witnesses or traffic cameras.

 

[zddoodah]

What state?

I'm trying to help her figure out what she should do.

You should suggest to her that she speak with a local personal injury attorney. Also keep in mind that, since she has spoken to you about the matter, you can be called by the other side as a witness, and anything she said to you can be admitted as evidence against her. Going forward, she should not be speaking with anyone other than attorney.

Her insurance wants her to just take the blame

I very much doubt that's true. Assuming the other driver has made a claim against Jenn's liability coverage, her insurer will make a decision about fault based on the evidence submitted in support of, and in opposition to, the claim. If the other driver has photos and refuses to submit them to Jenn's insurer, then Jenn's insurer may deny the claim for that reason alone. Even if Jenn's insurer determines she was at fault, there is no need for her to admit fault or otherwise "take the blame."

She genuinely does not think it was her fault.

Has she made a claim against the other driver's liability insurance? If not, why not?

Basically her story is that she stopped at a stop sign, then proceeded to make a left when she saw it was clear. Suddenly she was t-boned by the other driver. Who came out of no where. The other driver struck her driver's side door and it looks to be a fairly forceful impact.

So...this was a four-way intersection? Let's say that Jenn was driving north and turning left to travel west. If her car was t-boned, that would mean the other driver was driving east. Did the other driver also have a stop sign? If not, why does Jenn "not think it was her fault"?

But the force of impact seems a bit much if this driver was doing the speed limit.

Are you trained in accident analysis and reconstruction? If not, on what do you base this conclusion?

she can't remember what street she was on.

How badly was she injured? Her inability to recall basic details is not going to help her.

Apparently the other driver already has spoken to an attorney and she was in a state to be able to take pics.

I suspect -- but obviously don't know for sure -- that the pictures will be relevant only to damages and will have little or no bearing on liability.

 

[adjusterjack]

Basically her story is that she stopped at a stop sign, then proceeded to make a left when she saw it was clear. Suddenly she was t-boned by the other driver. Who came out of no where.

Everybody says that.

The other driver struck her driver's side door

Then I also surmise that she pulled away from the stop sign and got hit by a vehicle coming from her left.

The other driver is claiming she failed to yield the right of way and by the time she saw her enter the intersection it was too late to stop.

Yeah, that's what I think happened. And that puts her squarely at fault unless the video tells a different story.

But the force of impact seems a bit much if this driver was doing the speed limit.

At fault drivers say that a lot.

In the absence of witnesses, the point of impact says how the accident is presumed to have happened.

Should she try to go on record that she was not at fault or just go along with it and take blame? Apparently the other driver already has spoken to an attorney and she was in a state to be able to take pics.

What she should do is stop talking to you and, instead, talk to her claim rep at her insurance company. The claim rep ought to be able to get the video from the other driver or his lawyer. At some point the claim rep will decide to pay the claim of the other driver or defend against it. Either way, she will likely have no say in the matter. She can also talk to an attorney of her own.

 

[Taxing Matters]

Either way, she will likely have no say in the matter. She can also talk to an attorney of her own.

Just to be clear, she does have a say. But if she elects to go against what insurance company wants to do she's likely to find she's on her own and will have to pay any judgment owed the other driver out of her own pocket.

 

[adjusterjack]

But if she elects to go against what insurance company wants to do she's likely to find she's on her own and will have to pay any judgment owed the other driver out of her own pocket.

Well, no.

But I'd like to know what state she is in before explaining the, in case she is in a no-fault state.

Will fontsavant be coming back to answer that question, I wonder.

 

[Taxing Matters]

Well, no.

No what? Are you saying she doesn't have the option to reject what the insurance company wants to do, or are you disagreeing with my statement tthat if she does reject it that she might be on her own and have to pay the judgment out of her own pocket?

 

[zddoodah]

No what? Are you saying she doesn't have the option to reject what the insurance company wants to do, or are you disagreeing with my statement tthat if she does reject it that she might be on her own and have to pay the judgment out of her own pocket?

Jack will certainly answer for himself, but Jenn's (the OP's friend) insurer can settle a claim made by the other driver over the OP's friend's objection. In that regard, Jenn does not have a say in that matter (although she does "have a say" in the sense that her insurer will consider whatever evidence or information she might offer in the claim investigation).

 

[Taxing Matters]

Jack will certainly answer for himself, but Jenn's (the OP's friend) insurer can settle a claim made by the other driver over the OP's friend's objection.

True, the insurer could do that as it is free to pay out its own money regardless of what its insured says. That assumes, of course, that it does not need the insured's cooperation for the settlement.

 

[adjusterjack]

As soon as the OP comes back with the state I'll explain my comment.