Expert: Richard Hixenbaugh - 12/24/2009

Question
About a month ago I was in a low speed accident where the other gentleman hit me at about a 90 degree angle.  I filed the claim that night and sent the incident report to me insurance company when I got it 2 weeks later.  Last night I got a phone call from the other guy claim advisor offering me 70 percent of the damage cost.  Just for reference I was traveling on a road leading into a parking area.  I was already at a light stopped fully.  I made a right turn onto the road towards the parking area and had about 100 feet accelerate which I did not accelerate the whole time. at Most I was traveling about 20 mph.  I had no stop sign or traffic light in the intersection where i was hit.  The other guy ahd a stop sign which he ran without stopping and struck my car sending me for a full 180 degree turn.  The claim adjustor is trying to tell me that I was traveling at an excessive speed based on the photos she sees of the scratches.  I did move past the area of the accident because I did not see him and he struck me on my passenger side rear door.  My real question out of all of this is is, is there anyway to determine how fast a car was traveling when hit during a low speed t-bone accident? At most I can think of is that scratches are going to happen when you are moving at a consistent speed past an object that strikes you at a 90 degree angle.

Answer
Hi Brian,

You should insist that you are completely not at fault. This is simply an attempt to get you to accept part of the liability for the accident. As far as trying to prove it, don't bother. An accident reconstructionist could cost you thousands of dollars. You just need to stand by your story. To make it easier on yourself, you could have ou vehicle repaired by your own insurance company ans then they will pursue the other company for reimbursement.

I hope this helps
Richard Hixenbaugh