What do I do now?

[MHH]

What is the name of your state? North Carolina
I was involved in an accident on 4/12/06. I was turning left onto a side street from a main road and a driver turning left from the side street onto the main road pulled out and hit me on the driver side of my car. I continued my turn onto the side street and stopped as soon as I could. A trooper and later a city policeman who had jurisdiction blamed me for the accident saying I pulled into the other driver's lane when I was making the turn. I was written an infraction ticket. The other driver was driving while revoked and was written a ticket for that. The trooper painted where both driver's side tires were on the pavement. This is their sole piece of evidence. The painted lines show I was completely in my lane and the other driver was in their lane. Now the insurance company wants my policy to cover mine and the other driver's car. I have hired a lawyer to handle the ticket. My court date is 6/13. The insurance company does not even want to see what the outcome of the ticket will show. I feel like the damage to my car and the location of both cars after the accident proves I was hit while I was on the main street. By the way, I had the right of way. What can I do now? Please, help.

Thanks!

 

[moburkes]

What is the name of your state? North Carolina
I was involved in an accident on 4/12/06. I was turning left onto a side street from a main road and a driver turning left from the side street onto the main road pulled out and hit me on the driver side of my car. I continued my turn onto the side street and stopped as soon as I could. A trooper and later a city policeman who had jurisdiction blamed me for the accident saying I pulled into the other driver's lane when I was making the turn. I was written an infraction ticket. The other driver was driving while revoked and was written a ticket for that. The trooper painted where both driver's side tires were on the pavement. This is their sole piece of evidence. The painted lines show I was completely in my lane and the other driver was in their lane.
How do painted lines on the road show what lane you were in, when you made the turn? I don't understand this.Now the insurance company wants my policy to cover mine and the other driver's car. The at-fault party usually pays for the damages to both vehicles.
I have hired a lawyer to handle the ticket. My court date is 6/13. The insurance company does not even want to see what the outcome of the ticket will show. I feel like the damage to my car and the location of both cars after the accident proves I was hit while I was on the main street. By the way, I had the right of way. What can I do now? Please, help.

Thanks!

OP sent me a PM aobut this. OP please update this with the outcome of your ticket, and try to explain better about the painted lines and the tire marks. Thanks!

 

[MHH]

Sorry about the super long messages. Here's another one.

I was traveling on a two lane main road. I came up to a secondary road to my left where I planned to turn left. I have right of way. No lights or stop sign. The other driver is sitting at the end of the secondary road, and from his position, I can tell he wants to turn left onto the main road. Another vehicle is sitting to his right attempting to turn right. This is only one lane mind you, but two cars are in it. I see both cars clearly. I signal to turn left and slow down waiting for oncoming traffic to pass. As I begin making my turn, the driver on the secondary road attempting to turn left hits his gas. I can see he is headed towards me. I scream "No!" and try to turn my car more sharply to the left to avoid the impact but cannot. He hits me on the frame that separates driver and back passenger doors at the bottom of the doors. He nudges me a second time in front of the rear wheel. When I am able to come to a complete stop, I am completely in my lane on the secondary road. Highway patrolman arrives. Gets ID, etc. Other driver is driving while revoked. Patrolman paints where the driver's side tires of both cars are located on the road. One of the first things the patrolman says to me within earshot of the other driver is "Looks like what happened is, you got in his lane and hit him." I disputed this. Local city officer arrives and takes our written statements. I get a ticket for failure to see that turn could be made in safety from a direct line. Other driver gets ticket for driving while revoked. Wife's car, wife's insurance. We both have Allstate. She has since dropped her coverage since the accident. I have pictures of the car and the intersection. Painted lines show my car is completely in my lane on secondary road parallel to yellow line. His car is completely in his lane but at a strange angle that doesn't make sense. I think he hit me in the main road and backed up to avoid being hit by anyone else. Police report says I got in his lane and hit him. The car was "T-boned" so I guess I channeled the spirit of Bo Duke to do that. Need to speak to my lawyer about what happened in court on Tuesday. All I know is the case was dismissed.

 

[MHH]

More details:

My car has been repaired. Paid deductible, yada, yada. Had to because there was a gap at the top of the back door which let rain water in. My claims adjuster called and said the other party wanted their car repaired and it would come off my liability. I let him know in no uncertain terms how I felt about that. A week later I called my agent to get more details. Come to find out, his car can't be repaired because the owner (wife, ex-wife?) hasn't called Allstate. So now I'm in limbo for 3 years? It's crazy. I want to attach photos but I can't figure out how to change the IMG to on.

 

[moburkes]

More details:

My car has been repaired. Paid deductible, yada, yada. Had to because there was a gap at the top of the back door which let rain water in. My claims adjuster called and said the other party wanted their car repaired and it would come off my liability. I let him know in no uncertain terms how I felt about that. A week later I called my agent to get more details. Come to find out, his car can't be repaired because the owner (wife, ex-wife?) hasn't called Allstate. So now I'm in limbo for 3 years? It's crazy. I want to attach photos but I can't figure out how to change the IMG to on.

I don't know how to attach photos. You probably haven't received answers, because, like you said, this apparently is a more complicated situation. Ask your adjuster WHY they have determined that you are at fault. Tell him to show you why. Tell him that your ticket has been dismissed, although they are not bound by that, but it may help your case.

 

[MHH]

I just spoke with my lawyers office. I was told the case was dismissed and therefore I wouldn't need to have the police report changed. The last time I spoke with my claims adjuster, I told him I had hired a lawyer and he cut the conversation short at that point. My lawyer said anytime my insurance calls me to tell them they must speak with him(lawyer), so that's my plan. I was told not to contact my insurance adjuster. I'm still afraid this leaves me in limbo. I don't want to have to pay higher premiums, but I guess I may not have a choice. What would you do? Just let it be for now? Thanks again for your attention to my case.

 

[moburkes]

I just spoke with my lawyers office. I was told the case was dismissed and therefore I wouldn't need to have the police report changed. The last time I spoke with my claims adjuster, I told him I had hired a lawyer and he cut the conversation short at that point. My lawyer said anytime my insurance calls me to tell them they must speak with him(lawyer), so that's my plan. I was told not to contact my insurance adjuster. I'm still afraid this leaves me in limbo. I don't want to have to pay higher premiums, but I guess I may not have a choice. What would you do? Just let it be for now? Thanks again for your attention to my case.

At this point, since you have a lawyer to represent you, you should direct your questions to your lawyer. They're representing you to get your at-fault situation changed. They will tell you what to do. The lawyer is correct in referring all calls from the adjuster directly to him. The adjuster knows, as well, that once a lawyer is involved, they will no longer communicate with you. Good luck.

 

[ecmst12]

You have a lawyer. Let him handle it and quit worrying

 

[MHH]

You have a lawyer. Let him handle it and quit worrying

Asking me not to worry is like asking the sun not to come up in the morning, but you're right. I've done everything within my power so I'll rely on the higher power. Thanks for listening!

 

[ecmst12]

Oh sheesh, don't let the lawyers hear you referring to them as "higher powers", their egos are already big enough!

Seriously though, that is one of the primary functions of a lawyer in a case like this - to take care of the details so that you don't have to stress!

 

[MHH]

You're right.

Actually, the higher power I was referring to was Jesus Christ. Not trying to be preachy, just wanted to clarify.