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      Sunday, May 02, 2010

12:15 PM - 05/02/2010

The topic: A poll


Okay, I was given a great link from one of the online experts. Fault For the Accident. The links below the video explain how the insurance companies find fault. And why maybe I'm screwed since I didn’t let the other driver hit the side of my car, going 65 miles an hour on the freeway.  And I’m curious about the non-contact part, what would YOU do in my situation?

This will remain at the top of my weblog for a while.

I was in the same situraqtion as you are in and I got screwed.  Now they can hit me.

Posted by Lena Owens @ Sunday, May 02, 2010 - 3:29:44 PM

I am angry at this whole thing. Did the guy in the truck not tell the police at the scene that he was at fault or not? Do you have the police report? Witnesses? If any of it is your fault the % should be at 80% his, 20% you imo. His duty was to stay in his lane until it was safe to get over, your duty was avoid him hitting you, his breach was that he did not make sure it was safe to get over, causation was it caused you to swerve thus damages were done to you not him= his fault.
When a car slammed into my husband on his bike by pulling out of a driveway without seeing him they tried to settle at 80/20 but we said no. Of course there was contact.
A reasonable person would have swerved to avoid contact.

Posted by Melanee @ Monday, May 03, 2010 - 4:22:00 AM

Oh, let me specify why I might accept 20% fault in this case, they might say you “over corrected” to avoid impact. Don’t throw tomatoes at me, that’s just what they might find.

Posted by Melanee @ Monday, May 03, 2010 - 5:30:32 AM

I guess I have never heard of this exact situation before but it is ludicrous to think that you have to let someone hit you to be fully compensated. At least you are alive and they are not having to pay a death claim which they obviously think would be claimable. Ruth

Posted by Ruth Siebels @ Monday, May 03, 2010 - 6:38:25 PM

lisaviolet's avatar

@Ruth, I think they’re trying to say I was responsible for 50% because I over-reacted. But when you’re traveling at 95 feet per second, it’s pretty darned hard to do exactly the right thing. That’s the reason for the poll, to see what other people would do in that same situation.  I do think we’ve got a reasonable chance at winning this argument.

Posted by lisaviolet @ Monday, May 03, 2010 - 7:56:51 PM

Hi Diane,
I have found that insurance companies never answer questions with a ‘yes/no’ answer themselves.  EVER.
They always answer with a ‘scenario’.  A ‘for instance’ - this is so you cannot peg them down on a specific topic and so that they can always allow themselves some wriggle room because their ‘answers’ are open to interpretation - and of course ‘your’ interpretation could be wrong!
I would send an email to the insurance company that askes them a questions pointedly.
There must be someothing in your ‘road rules’ law about evasive action - and what you are allowed to do ‘under the law’.
If it states that you “Should take action to prevent a colission’ rather than allow yourself to be hit - then perhaps you can word your question in such a way that the ‘wriggle room’ is lessened for them - as they cannot tell you to do something that could be taken as illegal under the driving rules/law….
I would just not ask if it is in relation to your specific case as you do not want to unwitingly give them any ammo either!
I really feel for you in this case….
About 20 years ago I worked in insurance for a short time… until the company told me I was giving the clients ‘too much help and information, nad that they recommended that I just give them the documents to read - instad of explaining everything’.
I was basically letting people know that they should disclose any traffic infringement information even the slightest issue where they recieved a ticket.  THis was due to the fact that a disgruntled client came in and complained that the insurance company (I had worked for them for 2 weeks at this point) had not paid out on a clients accident claim, because some 2 years prior he had had a speeding ticket - and had not provided this information to the insurance company…. as he had a ‘duty of disclosure’ and he had failed to disclose this - his insurance was rendered void -and he got nothing!
I was shocked and so told all new clients about this and the insurance company could not understand why all of my clients provided this info from the RTA (Roads and Traffic Authority - Australia)
I was called into head office with a ‘please explain’ and resigned not long after when they told me just to sell the policies without disclosing so much…. now my sales were something like 400% more than any other person in NSW…. but the problem was that my clients could make legitimate and unvoidable claims…. and for insurance companies that is NOT good business!
I hated the whole smell of the industry after that and I read ever product disclosure statement I get - you would not believe how ALL companies (including banks etc) now charge you more for doing less and take away your rights etc…. and most people don’t know because the info is in a little book that comes with your statements or is in a PDF file on the internet and they rely on very few people reading it!
Yup - that SMALL print…
I really wish you the best with this… it is always in the insurance companies best interest to pay out s little as possible.

Posted by Kerry @ Monday, May 10, 2010 - 3:48:31 PM

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lisaviolet is seventy something, married with no kids, takes care of lots of cats, likes taking photographs, loves Southern California weather and spends altogether too much time avoiding her responsibilities.

In her spare time, she makes pretty things to sell in her store.

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