Auto Insurance Claims/No Headlights

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Question
Hello Mr. Claims Guy

I was recently in an auto accident where I was hit on the passenger side while making a left turn across an intersection. To beginning it was 10:00 pm at night when I came to the intersection trying to make a left turn. My light was a flashing yellow left turn signal so I slowed down to check to see if there was any on coming vehicles and proceeded to make my turn. Half way across I was hit. At first I assumed I was at fault for failing to see the other driver, and the police officer reported that I was at fault on his report. However, after reviewing the video from my dash cam, it clearly shows the other driver did not have their headlights on. My question is shouldn't the other driver be at fault for not having their headlights on? Also do street lights play a factor on me being able to see the other driver? Finally my last question is will my video be accepted as evidence?

Answer
Yes, your video should be accepted as evidence.  And Yes, he definitely should have had headlights on at that hour.  Make sure you provide this to your insurer and his insurer.  if you were cited, you should contest the ticket and use the video as evidence in court.  Street lights would not be relevant here.

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 20 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. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 20 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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