re: Accident with a car with no headlights - whose at fault?

i really do not know why i am being downvoted

your scenario essentially happened to me and thats how it played out - it took about a year to get my deductible refunded because of the two different insurance companies determining who is at fault - the police report will go a long way towards that, however


and lol at the goons telling you to waste money on a lawyer. my lord

I didn't down vote you. I appreciate the responses.

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Probably the dummy that doesn't know how to use who's and whose properly

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I hope not, cause that'd be me.

It will more than likely be comparative fault which is what Louisiana uses in these scenarios. The police report is irrelevant. You can use it for leverage to your/their insurance. It helps but it is inadmissible in court.

Bottom line. It'll probably be a 60-40 split depending on whether you can "prove" his lights were off. If you can, you'll get 70-30 because you should have been able to see him regardless of his headlights being on. Not saying I would say that but that's what the other attorney/insurance will say putting you at some percentage at fault.

You're going to have to get an attorney if you want to get the best out of your situation. Insurance adjusters will be the ultimate bitch in this case.

Hope this helps.

I would say he is 66 to 75% responsible for the accident in this situation. I'd put you at 25 to 33% for negotiating purposes. If the damages are big enough your attorney can get a candela expert to measure the lighting under similar conditions as the night of the accident to show how difficult it would have been to see him.

Girlfriend had a guy back out of a parking lot into the street. He was cited by the police. His insurance still said she was partially at fault. Insurance is a sham.

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I'm just curious if anyone has any experience with this type of situation, and can shed some light on Louisiana shared liability regulations and what I'm likely looking at here.

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This is why you pay for insurance.

Sit back and let your insurance handle it.

No need wasting time and money hiring your own attorney.

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but the officer goes checks his lights and based on the condition of the filaments determines his lights were off

Thank goodness this cop paid attention in filament detection school.

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hmmm, i'm gonna call BS. I don't believe this is a test that can be done roadside. The headlight is inspected by an forensic specialist, not by the officer.

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hmmm, i'm gonna call BS. I don't believe this is a test that can be done roadside. The headlight is inspected by an forensic specialist, not by the officer.

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Yea I was super worried. I thought it was gonna be a he said she said as far as if his lights were on and I was gonna be fricked. Was super surprised when the officer was able to determine that after a couple minute inspection. I looked it up online and apparently there are some tale-tell signs with regards to conditions of the filaments that are obvious indicators of if they were on and off at the time of the accident. I'm assuming the officer had prior experience with this type of stuff and I'm sure the insurance companies will independently inspect the other vehicle to determine whether that was the case as well, but a citation at the scene certainly leads credence to my case.

The other driver even came and apologized to me after he got written up, and said he didn't realize he didn't have them on. I really wish I had been recording, because that would have been pretty clutch admission of guilt.

Edit: It was also crazy as frick that he was driving with no lights. I have no idea how he could see. That area is seriously poorly illuminated.

It will probably end up being 50/50.

My car is 2015 Passat - Wolfsburg Edition with 35000 miles. Most of the prices I'm seeing for similar models at dealerships puts it's value at somewhere around 13-15k. That's before tax, title, and license. The extent of my medical issues is a small burn on one arm from the airbag and a cut on the other arm from the airbag. Neither of which I'm planning on seeing a doctor for or claiming, as they are nothing injuries.

Short of being lowballed on the settlement by 4-5k by my insurance company and not being able to negotiate out of it, I feel like it would be difficult for me to do anything but break even were I to hire a lawyer off the bat. Assuming costs for highering one would be at least a couple grand. Do you think it would be feasible to get one for less? Or that it's likely that what I'm offered is less then the value of the car, to the extent that a lawyer is cost effective?