Legal help with a traffic accident?
Hi, I was involved in an accident about 2 mounts ago. I was trying to enter the Sam Jones Expressway in the middle of rush hour from the Bradberry ramp. This required me to turn left and cross traffic in order to proceed onto the ramp. The drivers heading the opposite direction that are trying to enter the ramp are required to yield for those of us trying to cross traffic, However, if they are not trying to enter the ramp then those who are trying to cross traffic to enter the ramp are required to yield for them. I hope that is clear enough.
At the time of the accident I was waiting to enter the ramp for the expressway. I had to yield for a few cars heading the opposite direction to pass before I could proceed to cross traffic. After the lane was clear of traffic that was not in the turn lane to enter the ramp I proceeded with my turn. At this exact time a small car accelerated out of the turn lane for the ramp at a high rate of speed into the main flow of traffic and broadsided me on the right side of my vehicle. The driver never looked forward and did not hit the brakes until she hit me and her right turn signal was still on, as to enter the expressway.
After somewhat gathering myself from the shock. I approached the other driver to see if she was ok, Then tried to exchange insurance information and personal information with her, This is when I found out she was Uninsured and did Not have a Drivers license.
I then called the police to report the accident and to get help on the scene. The other driver called for help also. As we waited for the officer to arrive the young girls father came to the scene. He decided, despite my concerns, to move her car out of the intersection to help clear the traffic. A few moments later they both got in his van as to wait for the officer to arrive but then fled the scene in his brown van.
Almost 1 hour later the officer finally arrived and took his assessment of the accident. Without a statement from the other driver, or any witnesses to the accident, and with the other car out of position of where the impact took place. He came to the unwarranted assumption of that I failed to yield to on coming traffic.
Because of this assumption from the officer my insurance has decided not to reimburse me for my losses or even pay for my medical bills from the whiplash and a banged up knee. They say they are trying to contact the other driver for her statement but she is nowhere to be found, the detective in charge of the case has not had any luck in finding her.
Do I have a leg to stand on, What else can I do?
March 21st, 2011 - 11:04
A police report only contains specific details about the accident, insurance companies use the police report, testimony by all involved, and their best guess at what happened. You are allowed to appeal once in most states, whoever given what you stated, and that the primary person at (partially, at least) fault left the scene, it might not do any good. Unless you have comprehensive/collision, or uninsured motorist, there’s no coverage without the other driver of the accident. Auto insurance pays for damages you cause to others, so the person who left, it sounds like, insurance would’ve covered you.
Your only other course of action aside from appeal is civil lawsuit. If you have any information on the other driver, or her father, try to file civil suit for damages. Otherwise, that sucks, and sorry. I’ve been in 3 hit and run’s in my life, and they generally just screw you over.
March 21st, 2011 - 11:24
She apparently left her car behind with license plates, so the identity of the owner is known. Fleeing the scene is a serious crime in most States. If the detective cannot find her or her low life father, call the FBI and see if they can do an interstate flight investigation and arrest.
March 21st, 2011 - 11:39
The police report is not the reason why your insurance refuses to cover your loss. If you have the appropriate coverages on your policy (collision), you are covered regardless of fault. It is apparent that you do not have that coverage. I am guessing that you are trying to use your uninsured motorist coverage, but you have to be not at fault to use that.
Your only option is to file suit against this person in court. But since the police cannot even find her, your chances of recovering anything are between nil and nevermore.
I’m sorry but when you don’t properly cover yourself, this is what happens.