Accident, I'm Uninsured but other driver SHOULD be 100% at Fault

**m311b** · 11-01-2006, 10:24 AM

I live in Colorado and was recently in an auto accident where the other driver was at fault and was issued a citation.

I was sitting at a red light and opposing traffic had a left turn signal and green light for through traffic. My light turned green, but there were vehicles in the intersection so I had to wait 5 seconds after the green before I could proceed. After crossing halfway through the intersection, the other driver turned left in front of me, essentially hitting me head on. There was one witness that stopped, the driver behind me, and he gave the police a statement saying that she was at fault. She was also issued a ticket.

After filing the claim with her insurance company, they finally reviewed the police report a few weeks later, and they are claiming that their insured is 85% at fault and that I am 15% at fault. I can hardly understand this, especially when she was issued a ticket and the witness statement on the report should support my case. I am currently waiting for my copy of the report.

After the run around from the other drivers insurance, I call my insurance to file a claim, and come to find out that the policy had lapsed because of an issue with my autopay not going through that I was unaware of. They had a different mailing address on file for me since I had recently moved.

So now, my car has been sitting at a body shop for a few weeks as they have been waiting for acknowledgement of responsibility from the other driver's insurance. So now, since they are still only assuming 85% liability, I dont know what to do!!!

**Mr. Knowitall** · 11-04-2006, 10:27 AM

The insurance company knows you are in a difficult situation, and knows that you will probably settle for less than your claim is worth rather than dragging this out for months (while your car sits somewhere, unrepaired) to get a full recovery through extended negotiation or litigation. This is what insurance comanies do.

**m311b** · 11-06-2006, 11:34 AM

I'm pretty sure their insurance company does not know that my insurance had lapsed...

**moburkes** · 11-06-2006, 11:39 AM

What is their reason for the 85/15?

**m311b** · 11-06-2006, 05:01 PM

According to them - since I was the first car in line at the intersection, it is my duty to scan the intersection before proceeding, which I did. I actually had to wait 5 seconds after it was green for the intersection to clear before proceeding. I then made it just about halfway through the intersection where I was hit hard, basically my front end to her right front corner.

They are saying that she was in the intersection before I went and I since I was going so slow I could have stopped on a dime to avoid it. The location in the intersection is there defense, even though if I was going 5 mph and she was going 25, she would have travelled approx 5 times further through the intersection than me if we had entered the intersection at the same time. The fact that the accident occured just about in the middle of the intersection should be proof enough that I was in the intersection first. And not even discussing the fact that her turn arrow had expired approx 10 secs before the collision!