- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: OT Lawyers, LEO, Insurance guys - Traffic Accident fault
Posted on 2/25/16 at 2:38 pm to bbvdd
Posted on 2/25/16 at 2:38 pm to bbvdd
quote:
So the police report says that driver 1 is at fault and you think the insurance company will try to say differently?
Happens all the time. The report does not create a presumption.
0
Posted on 2/25/16 at 2:40 pm to Schmelly
quote:
6-7 car lengths when driver gets into turn lane. 2-3 when they make the turn
Not busting balls, but what is your evidence of this assertion? Any 3rd party witnesses listed on the report?
Posted on 2/25/16 at 2:40 pm to bbvdd
quote:they already are. they've been trying to 50/50 this from the start. even after seeing the report. just sent them the video. if that don't work. my SIL works for a PI attorney. i can't do no more. this happened 2 weeks ago today. report was online last wednesday. As of this tuesday, state farm still didn't get it. Had to personally email it to them.
So the police report says that driver 1 is at fault and you think the insurance company will try to say differently?
Posted on 2/25/16 at 2:41 pm to Five0
quote:uh, a video?
Not busting balls, but what is your evidence of this assertion? Any 3rd party witnesses listed on the report?
Posted on 2/25/16 at 2:41 pm to Schmelly
I'm a lawyer. But I'm too busy to give free analysis.
Posted on 2/25/16 at 2:44 pm to Schmelly
Whoever was in the direct travel lane is fine as long as they remained in that lane violating no laws. Car 1 would be at fault imo
Posted on 2/25/16 at 2:47 pm to Schmelly
quote:
uh, a video?
quote:
(Video from grocery store footage clearly shows car gets into turning lane)
Depends on the quality of the video.
I reconstruct crash scenes as a LEO, I'm almost finished with law school, and have testified in cases involving accidents as an expert witness. So if you already have it figured out, good luck.
This post was edited on 2/25/16 at 2:49 pm
Posted on 2/25/16 at 2:47 pm to Schmelly
quote:Slow your roll there, hoss. You expecting something to get done in first month of a disputed claims adjustment?
this happened 2 weeks ago today. report was online last wednesday. As of this tuesday, state farm still didn't get it. Had to personally email it to them.
Oh, and go get checked out at your Doc - sounds like you're having some low back/neck pain to me.
Posted on 2/25/16 at 2:49 pm to Schmelly
3. I am not sure about the twilight zone but when dealing with insurance companies, you probably have arrived.
No surprise that State Farm is saying both are at fault. Why not, they can up the rates on both drivers and it works in their favor if there is a PI suit.
No surprise that State Farm is saying both are at fault. Why not, they can up the rates on both drivers and it works in their favor if there is a PI suit.
Posted on 2/25/16 at 2:49 pm to Schmelly
quote:It's comparative. 1 for the wide turn, and 2 for not staying back long enough to be certain of a full lane change that apparently never occurred.
1. Who's at fault?
Posted on 2/25/16 at 2:53 pm to Schmelly
Was car #1 completely in turn lane or was that vehicle still occupying both lanes when they made the right hand turn? The police report alone will not determine negligence. That will be determined by police report, statements of drivers and witnesses and video recording. I used to work for State Farm so sounds like the 2 claims adjustors are trying to keep from doing much work and just have each pay their own then subrogate back to the other policy for 1/2 of your collision deductible. Also as long as more you were not more than 50% negligent you saw no surcharge on your policy which is the reason they may be trying to do it this way. Each party pays 1/2 of their deductible to have their vehicle repaired and no one gets a surcharge but that may have changed as it's been a while since I handled claims.
Posted on 2/25/16 at 2:55 pm to NaturalBeam
quote:just pissed that my car is sitting in the garage doing nothing
Slow your roll there, hoss. You expecting something to get done in first month of a disputed claims adjustment?
Posted on 2/25/16 at 2:57 pm to yellowfin
quote:
She...in the wrong
Unless other driver was Asian
Posted on 2/25/16 at 2:57 pm to TorNation
quote:u can't tell. all you can tell is that they went into the lane a good bit. video is shot looking at the driver's side. approx 50yards away
Was car #1 completely in turn lane or was that vehicle still occupying both lanes when they made the right hand turn?
Posted on 2/25/16 at 2:59 pm to Five0
quote:quality is good. just shot from 1 perspective. Drivers side
Depends on the quality of the video.
I reconstruct crash scenes as a LEO, I'm almost finished with law school, and have testified in cases involving accidents as an expert witness. So if you already have it figured out, good luck.
Posted on 2/25/16 at 3:04 pm to Schmelly
straight from PR:
"#1 was heading north bound and #1 hit #2 while making a wide right turn into parking lot"
"#1 was heading north bound and #1 hit #2 while making a wide right turn into parking lot"
Posted on 2/25/16 at 3:04 pm to Schmelly
If vehicle 1 never totally gives up their lane of travel then vehicle 2 may be part negligent and still has to yield to vehicle 1 until they completely give up their position in the travel lane in my opinion. Kinda sounds like vehicle 2 assumed vehicle 1 was going to turn left and kept proceeding forward without slowing down then when vehicle 1 actually turned right it was too late for vehicle 2 to stop. In this scenario I can see both vehicles at fault.
Posted on 2/25/16 at 3:04 pm to TorNation
quote:what if you can't tell ?
If vehicle 1 never totally gives up their lane of travel then vehicle 2 may be part negligent and still has to yield to vehicle 1 until they completely give up their position in the travel lane in my opinion. Kinda sounds like vehicle 2 assumed vehicle 1 was going to turn left and kept proceeding forward without slowing down then when vehicle 1 actually turned right it was too late for vehicle 2 to stop. In this scenario I can see both vehicles at fault.
Posted on 2/25/16 at 3:11 pm to AlxTgr
quote:
It's comparative. 1 for the wide turn, and 2 for not staying back long enough to be certain of a full lane change that apparently never occurred.
figured you'd come to say this. Veh #1 is at fault
Posted on 2/25/16 at 3:14 pm to Schmelly
One driver's word against the other driver with no witnesses and you can't determine from damage on vehicles exactly what happened then I would say 50/50 is about the only call the insurance company can make. Louisiana is a shared negligence state which means each party can be assigned a percentage of negligence versus all or none.
Page 3 of 6
Popular
Back to top
Follow TigerDroppings for LSU Football News