AboutClaims Guy Expertise I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states.
Experience I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer.
Education/Credentials I have a B.S. in Finance and have completed the AIC and CPCU designations.
Question I was recently involved in my first auto accident.
I was making a left turn from a noncontrolled intersection turning into a parking lot traveling west, my car was
say 75% out of the lane when it was struck by another car traveling south, the bullet car hit the remaining porting of my car that was in its lane of travel. the bullet car struck my car from the wheel base and back, the bullet car made no attempt to slow his vehicle at all. he hit my car with the front right of his as I said with no clear attempt to slow or stop his vehicle, the only skid marks on the road are from my car when it spun like a top into the parking lot.
It really seemed as if the bullet car was traveling at a higher speed than allowed and was not paying attention
to his surroundings, really the way it all played out its as if I seemed invisible to him.
I suppose my question is this, could I be or, in your opinion am I 100% responsible for this accident ?
My wife and I both seen him headed for us and, we both agree there was more than enough ample time to
simply slow down, yet he never attempted, if he had simply tapped his brakes all would have been fine.
Thank you for you time
James
Answer This will depend partly on state law and partly on the evidence. In some states there is a boulevard rule, in which you would be 100% liable unless you could prove he was speeding by an egregious amount, like 20 mph over the limit. In other states, if you could prove he was speeding by a smaller margin, like 10 mph over, you could place some % on him.
But you are definitely negligent for failure to yield right of way - the only question is the percentage.
Also, you will need evidence of his speed, and you/your wife's testimony does not count because you are not independent. It is difficult to prove speed, so your chances are slim.
