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Author: Subject: Traffic Accident Advice
BBMN
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posted on 2-16-2016 at 09:56 PM Edit Post Reply With Quote
Traffic Accident Advice

For a friend that just posted this to Facebook....

"So I'm reaching out to the Facebook world for some advice in the hopes that maybe someone can think of something that I haven't thought of yet. I was in a car accident Saturday afternoon. Basically the guy I hit ran a red light and admitted fault to me but is now trying to deny it to the insurance companies. This has got me at my wits end. I've reached out to all the businesses surrounding the intersection and there are no cameras or witnesses to prove his guilt. Has anyone been in a similar situation? Is there anything else I can do?"

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Paddlefoot
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posted on 2-17-2016 at 01:48 AM Edit Post Reply With Quote
Not much he can do unless the city/town had traffic cams in the intersection. At this stage it's up to the insurance companies to go off the police report to make their decision. He could get hosed on this one, as his own company is undoubtedly going to say "why didn't you make sure no one was coming when you entered the intersection even if you had a green light?". Then again the other guy's insurance is probably doing the same thing to him too. Without witnesses or video footage it'll end in a 50-50 liability even if your pal is truthfully 100% not culpable.





Well you know, just because these young men have little education and live in squalor, it doesn't entitle them to commit antisocial behaviour and get away with it.

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merc
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posted on 2-17-2016 at 03:00 AM Edit Post Reply With Quote
His narrative should read:
"I was involved in an automobile accident. Upon conclusion of the accident the other driver admitted he/she was at fault."

No other words nor diagrams should be offered.

For anyone involved in an accident, assuming the other party doesn't admit guilt, just use the first sentence only. Seriously.

[Edited on 2-17-2016 by merc]

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CM Crunk
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posted on 2-17-2016 at 03:18 AM Edit Post Reply With Quote
quote:
Originally posted by merc
His narrative should read:
"I was involved in an automobile accident. Upon conclusion of the accident the other driver admitted he/she was at fault."

No other words nor diagrams should be offered.

For anyone involved in an accident, assuming the other party doesn't admit guilt, just use the first sentence only. Seriously.

[Edited on 2-17-2016 by merc]


QFT.

Also, was there a police report filed? That coupled with any photographs of the damage to both vehicles could go a long way in helping to prove that personw as in the wrong.





Oney Lorcan Guy

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CVD39
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posted on 2-17-2016 at 10:04 PM Edit Post Reply With Quote
Sounds like this person got played. "No need to file a police report, it was my fault but I don't want a ticket so let's just deal exclusively with the insurance companies." ALWAYS get a police report if its not your fault.

[Edited on 2-18-2016 by CVD39]

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Flash
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posted on 2-21-2016 at 01:12 AM Edit Post Reply With Quote
I've worked in the insurance industry for about a decade now and it really depends on what state or province you live in how your dealings with your insurance company would go.

For example I'm in Ontario; we have a kind of tit for tat system where there are fault rules, but at the end of the day so long as both parties are insured in Ontario each insurance company pays for their own respective insured's damages with the idea that at the end of the year the books should balance out. When I was doing auto damage claims if the damage supported what my insured was saying I'd usually side with them instead of marking it down as 50/50.

In the states almost every state has different rules; Michigan for example is close to Ontario's rules but have a mini-tort rule of up to $1000 (basically all the insurance companies fight over is the deductible). New York is pure tort where the insurance companies recover against one another, British Columbia and Québec are government insurance.... ect. With a lack of injuries all of this will have a bearing as to how hard your insurance company pushes on the fault of this.

I'd suggest this; most jurisdictions (even in the states) are employing police collision reporting centres for minor accidents- so I'd see if your local area has this and go and report the accident. If the other guy doesn't report it he'll likely get a call wondering why he hasn't reported it yet from the police. People generally pause a bit more before they lie to the police on an official form than they do their insurance companies.... even if the guy doesn't report and drags it out it would probably look better for you to say hey look I reported this to the police when the other guy hasn't.

Otherwise the damage to the vehicle will also play a big part.... ie if it's to the side back end of your car it will be clear he entered the intersection later than you.

Good luck!

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denverpunk
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posted on 3-11-2016 at 04:01 PM Edit Post Reply With Quote
This exact thing happened to me and my girl a few months ago. Basically, you're at the mercy of the police report. Ours literally reported the bare minimum because one homeless person said we ran the red light (we did not). My girlfriend is even a lawyer and had one on the case, but it didn't matter. So, no dice there even if you're not at fault. I'm considering a dashcam for this very situation.
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BBMN
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posted on 3-12-2016 at 04:57 PM Edit Post Reply With Quote
Yea, I bought a cheap action cam with a mount. It's serviceable I guess, but not ideal so I almost never use it. Good thing is that there are more and more very adequate cams for cheap nowadays.

Hell, I'm to the point where I am considering dropping the whole "good value" aspect and just getting something that's extremely good. It's an investment, and will pay for itself if an accident occurs that wasn't your fault.

This one for example sounds perfect -

http://www.amazon.com/BlackVue-Channel-DR650GW-2CH-Recorder-support/dp/B014LT41H8

It has a SONY EXMOR CMOS Sensor, which is tech jargon for awesome camera.

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Flash
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posted on 3-30-2016 at 01:59 AM Edit Post Reply With Quote
As I mentioned above I work as a claims adjuster, and thus deal with a lot of fraud, and get a lot of fraud training....

Anyway, one of the recent trends is the "swoop and stop" wherein people will change lanes suddenly right in front of you and sharply stop so that you rear end them, which of course makes it look like you are at fault. The other one is that they will just outright back into the front of your car while you are sitting there waiting in traffic....

There's some pretty funny videos out there that people have posted of the moment where they point out the dash camera to these fraudsters after they hit you.... which sadly in no way stops them from still claiming accident benefits and costing us tens of thousands of dollars (or more) fighting garbage claims.

Fun fact.... Insurance fraud in Canada costs us about $1.8 billion dollars a year for a population of 37 million or so.... that works out to be about $49 a year from every member of the population that goes to just the fraud portion of claims (that doesn't even take into account some of the different provinces that have rules like Quebec that bar lawsuits for auto claims). So I can't even begin to imagine the fraud levels in the U.S.A. with the American population being in the neighbourhood of 325 million people.

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