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amigo in need

2 part story.

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So a person in another vehicle was using his phone and went off road on the shoulder and hit a pole and ended facing the wrong way on the opposite lane. He was ticketed for use of electronic devices, too fast for conditions,and  improper lane usage. (A disabled vehicle) 4am on a dark road. So our friend is driving to work and could not see the vehicle until the last second,  since it had no lights on or anything, swerving and hitting the vehicle. Their insurance says they wont pay for our friends car because it was disabled and we should of avoided. And they want our friends ins to pay for the damage she did.

Is allstate correct?

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It might be correct, maybe not.  If your friends disagree, they can always sue the other driver and owner of the car in Small Claims for their property damage.  California, at least, has a statute requiring that drivers illuminate their hazard lights if their vehicle becomes disabled.  (Vehicle Code section 25251)  https://law.justia.com/codes/california/2007/veh/25250-25282.html

 

If the state where this collision occurred has a similar statute, and the disabled vehicle did not have its hazards illuminated, your friends would have a claim for negligence per se.  Otherwise, it would be a claim for negligence in which they would argue that he should have illuminated the hazard lights.  The ultimate finding by the Judge isn't necessarily all or nothing.  S/He might believe that each party had some percentage of fault.  That is a determination of the trier of fact.

 

Or, they can simply tender the claim to their own collision insurer to get their car repaired.

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32 minutes ago, amigo in need said:

So our friend is driving to work and could not see the vehicle until the last second,  since it had no lights on or anything, swerving and hitting the vehicle. Their insurance says they wont pay for our friends car because it was disabled and we should of avoided.

 

"We"?  What does this have to do with you?

 

 

33 minutes ago, amigo in need said:

Is [insurance carrier] correct?

 

I assume that the insurance carrier you named carried liability and/or collision coverage for the owner of the disabled vehicle.  In any event, no one on a message board with no more than a few sentences of information -- information which is incomplete -- could possibly opine intelligently about the relative liability of your friend and the driver of the disabled vehicle.  Among others, the following questions are relevant:

 

  • It appears that the disabled vehicle became disabled at 4:00 a.m.  Correct?
  • At what time did your friend's car collide with the disabled vehicle?
  • At what latitude did this occur?
  • Did the disabled vehicle have its hazard lights on?
  • Did the driver of the disabled vehicle take any steps to warn oncoming drivers of the hazard (e.g., road flares)?
  • Were there any personal injuries?

 

Ultimately, if the insurance covering the driver of the disabled vehicle won't pay for repairs to your friend's vehicle (or for any injuries), his/her choices are to make a claim against his/her own collision coverage or to sue the other driver.  Sounds like he/she probably can expect a countersuit, so it would probably be a good idea to retain legal counsel.

 

 

12 minutes ago, HustleandJustice.com said:

California, at least, has a statute requiring that drivers illuminate their hazard lights if their vehicle becomes disabled.  (Vehicle Code section 25251)  https://law.justia.com/codes/california/2007/veh/25250-25282.html

 

The post is tagged as relating to "ILLINOIS," so the reference to California law isn't terribly meaningful (although I'd be surprised if every state doesn't have a similar law).

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13 minutes ago, pg1067 said:

The post is tagged as relating to "ILLINOIS," so the reference to California law isn't terribly meaningful (although I'd be surprised if every state doesn't have a similar law).

 

So, it is meaningful, since "every state" likely has a similar law, which was part of the qualification of the original response ("If the state where this collision occurred has a similar statute, and the disabled vehicle did not have its hazards illuminated, your friends would have a claim for negligence per se.") 

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1 hour ago, amigo in need said:

So a person in another vehicle was using his phone and went off road on the shoulder and hit a pole and ended facing the wrong way on the opposite lane. He was ticketed for use of electronic devices, too fast for conditions,and  improper lane usage. (A disabled vehicle) 4am on a dark road. So our friend is driving to work and could not see the vehicle until the last second,  since it had no lights on or anything, swerving and hitting the vehicle. Their insurance says they wont pay for our friends car because it was disabled and we should of avoided. And they want our friends ins to pay for the damage she did.

Is allstate correct?

Didn't mean we. Typo. He

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On 9/25/2018 at 12:36 PM, amigo in need said:

No hazards on at all. The driver did nothing to warn anyone. 

 

Sounds like you have a basis to argue that the other driver was negligent in failing to warn of his disabled vehicle.  I did not find an Illinois statute requiring drivers to illuminate the hazards if their car becomes disabled, but I am not an Illinois attorney, so check with a local attorney.  There is a statute, which doesn't apply, that requires oncoming vehicles to move over a lane, or greatly reduce speed if they come upon a disabled vehicle with its hazard lights illuminated.  (Section 11-907.5 of the Illinois Vehicle Code).

 

In Illinois, you can sue for up to $10k in Small Claims.  Bring photos of the roadway as you approach the collision site, photos of the damage to your car, and estimates/receipts for repair and rental car.  If you are injured, get medical treatment and consult with a local PI attorney.

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