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Quigz2

Insurance liability

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My daughter was recently involved in a traffic accident.  While waiting to turn left at an intersection, the light turned yellow, then red.  As she was already out into the intersection she went to complete her turn.  A driver traveling in the opposite direction ran the red light that had just turned and hit her head on.  The other driver was ticketed at the scene for failing to stop at the red light.  There was also a witness that informed police on the scene that the other driver had ran the red light causing the accident.  The other driver's insurance company is saying they are only assuming 70% liability, even after receiving the police report that stated that their insured had ran the red light.  What recourse do we have in this situation?

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2 hours ago, Quigz2 said:

What recourse do we have in this situation?

 

Unless your daughter is a minor or the vehicle belongs to you, "we" have no recourse.  Your daughter can either accept the offer or make a counteroffer for a higher amount.  If she and the other driver's insurer cannot come to agreement, then her recourse will be to sue the other driver.

 

In what state did this happen?

 

Was your daughter injured, or is the only damage to the vehicle?

 

 

1 hour ago, PayrollHRGuy said:

your daughter was also running a red light

 

There's no factual basis in the original post for this conclusion.

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Just now, pg1067 said:

There's no factual basis in the original post for this conclusion

 

Sure there is...

 

2 hours ago, Quigz2 said:

While waiting to turn left at an intersection, the light turned yellow, then red.  As she was already out into the intersection she went to complete her turn.

 

I can only assume that the OP wrote these two sentences in paragraph order.

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2 hours ago, Quigz2 said:

While waiting to turn left at an intersection, the light turned yellow, then red.  As she was already out into the intersection she went to complete her turn. 

If the driver had already entered the intersection while the light was green, as the poster stated, then she is permitted to complete her turn even though the light turns red. 

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1 hour ago, PayrollHRGuy said:

 

Sure there is...

 

 

I can only assume that the OP wrote these two sentences in paragraph order.

 

Uh huh....  Assuming that left turns were legal at the intersection and that the daughter did not have a green turn arrow, the OP described that her daughter entered the intersection with the intent to turn left, which is legal.  The daughter was obligated to wait where she was until it was safe to make the left turn.  Apparently, traffic heading the opposite direction was such that it did not become safe until after the light that the daughter was facing had turned red.  That is not "running a red light" or otherwise illegal.

 

That said, it's still possible that the 30% liability that the other driver's insurer assigned to the OP's daughter is reasonable since it obviously was not safe for the daughter to turn.  However, it's not possible for us to assess that intelligently based on the information provided.

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4 hours ago, Quigz2 said:

What recourse do we have in this situation?

 

Either your daughter sues the other driver for 100% or she uses her collision coverage and let's her own insurance company go after reimbursement.

 

If she was injured to any serious extent, she can consult a personal injury attorney.

 

I also don't see any liability on her part.

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The law on being in the intersection varies by state and we don't know what state the OP's daughter was in.

 

When I last got a red light ticket it was in Louisiana:

 

Vehicular traffic facing a steady yellow signal alone is thereby warned that the related green signal is being terminated or that a red signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red signal is exhibited.

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Thank you for all of the replies.  The state is Illinois, my daughter entered the intersection on a green arrow that then went to all green so she was stopped in the intersection when the light was green.  Once the light turned red she observed the other oncoming traffic slowing to a stop and proceed to complete her turn.  The other driver ran through the red light.  Police officer on scene ticketed the other driver (my daughter never received a ticket) and the police report has the police officer stating the same.  There was also a separate witness statement taken at the scene that stated the other driver slowed while approaching the intersection when the light turned red and then suddenly accelerated to run the light. This is why I am not understanding how the other insurance company can possibly attribute any liability to my daughter.

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24 minutes ago, Quigz2 said:

my daughter entered the intersection on a green arrow that then went to all green so she was stopped in the intersection when the light was green.

 

That doesn't make much sense.  If she entered on a green arrow, she should have been able to complete her turn.  Having a signal go from green arrow to green light -- with no intervening yellow arrow is a recipe for accidents.  Is that really how this signal works?

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1 hour ago, Quigz2 said:

There was also a separate witness statement taken at the scene that stated the other driver slowed while approaching the intersection when the light turned red and then suddenly accelerated to run the light. This is why I am not understanding how the other insurance company can possibly attribute any liability to my daughter.

 

The insurance carrier is not a finder of fact.  It makes it decision with its insured and its own best interest in mind.  As stated way earlier in this thread if you don't like their decision you can try to negotiate a settlement or sue the driver. 

 

ETA: Now that you have told us the name of your state ignore everything I wrote about the being in the intersection on red.  It doesn't seem to apply in your state.

 

 

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4 hours ago, Quigz2 said:

This is why I am not understanding how the other insurance company can possibly attribute any liability to my daughter.

 

Because they want to, in order to reduce the cost of the claim. A judge might disagree.

 

3 hours ago, pg1067 said:

Having a signal go from green arrow to green light -- with no intervening yellow arrow is a recipe for accidents.  Is that really how this signal works?

 

Probably. It's very common at intersections in Phoenix.

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