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  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Default The Other Driver Is Lying About How The Accident Occurred

    I am in trouble and I think I could really use some advice.

    I was involved in a car accident in January. And here is what happened:

    I was going through a busy Seattle intersection during rush hour. As I drove through the intersection, I actually saw the light turn from green to yellow, so I was definitely going through it legally. There was another car in the other end of the intersection. She was trying to turn left and was supposed to yield to oncoming traffic (me). She bolts in front of my car, leaving me no time to stop and we collided.

    The police arrived soon after. They took our statements. She was ticketed for failing to yield and I was assured by the police that I had nothing to worry about because it was obviously her fault.

    Fast forward to today. She is claiming that I ran a red light and she was already in the intersection and had to turn to clear the intersection after the light turned- a total lie. There were supposedly two witnesses to the accident. It took weeks for the insurance companies to get a hold of one of them; the other one apparently gave a bad phone number. Unbelievably, the witness they got a hold of supports the other party's story; this person gave a false statement that I ran a red light and my nightmare begins.

    I could swear that I heard her tell the police that the light was absolutely not red at the time, yet apparently there is no mention of this in the report. As well, I think the idea that I could run a red light during rush hour at this particular intersection to be absurd. I would have been creamed first by the traffic to the left and right of me.

    My insurance company seems to be taking the approach now that I am going to at least be partially responsible for this accident. What should I do? I am considering contacting an accident lawyer but dont know if this is the right thing to do yet at this point. I have offered to pay for one of those internet people searches to find the other witness but they dont seem too interested. And I have offered to take a polygraph but I think they thought that sounded too unusual as well. It seems my insurance company has just rolled over on me and I am now getting railroaded by them both.

    Thank you anybody for any advice!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,113

    Default Re: Help, I Think I'm Being Railroaded!

    I am considering contacting an accident lawyer but dont know if this is the right thing to do yet at this point.
    Yes, it absolutely is. This is where the insurance companies are going to start fighting and thing will get very confusing, very quickly.

    Get an attorney and let him deal with them.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  3. #3

    Default Re: Help, I Think I'm Being Railroaded!

    Unfortunately the insurance company has the right to make a settlement over your objections. This is not unusual and there is nothing you can do about it. I am assuming you are fully covered.

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Help, I Think I'm Being Railroaded!

    I am considering contacting an accident lawyer but dont know if this is the right thing to do yet at this point.
    For me, it would depend on if you had money or not. It could be very costly and the outcome will likely not change. Your insurance company has the right to settle with the other insurance company whether or not you agree with it. That is what you have paid them to do and if you read your policy, it says it.

    I'm speaking here from personal experience, I was furious when my insurance company settled with someone that did something similar to me.

  5. #5

    Default Re: The Other Driver Is Lying About How The Accident Occurred

    One thing you can do is to contact the prosecutor and let him know you are available to testify about the ticket and that it is not to be dismissed. Then put it in writing to the court since ADA's have short memories. If she is found guilty you will have a better argument with the insurance company. If you do not show they may dismiss the ticket.

  6. #6
    Join Date
    Nov 2013
    Posts
    36

    Default Re: The Other Driver Is Lying About How The Accident Occurred

    "she was already in the intersection and had to turn to clear the intersection after the light turned"
    This action by her is not considered legal. You aren't supposed to sit into the middle of the intersection to wait for a turn. You shouldn't enter the intersection until you have a clear turn. You can check the driver's manual and local laws.

    I have offered to pay for one of those internet people searches to find the other witness
    You can pay for it yourself and do it yourself. Or contact an investigator and pay them. You don't need permission.

    I am considering contacting an accident lawyer
    First though there is a type of hiring an attorney you can do in this case to protect your interests. You'd look for a good personal injury attorney who does accidents. This will cost you. A few initial consultations with several will give you an idea of whether it's worth the money. Their investigator may be better at finding the witness. Just having an attorney may get your insurance to treat you better - but not always. The insurance will take the cheap easiest way out, not the most logical or right way.

    yet apparently there is no mention of this in the report.
    You can get a copy. Call the county or police and ask how.


    A polygraph is not admissible in court, so they aren't used. A letter from an attorney would have more effect.


    Also you or an attorney can ask for the 911 calls. Occasionally someone saw it, rather than calling in after the fact.

    The most you are liable for is the deductible. Plus it will say on your insurance record. But it really isn't the biggest deal. Your insurance will likely not call it 100% your fault, but ask them how it will effect you (your local agent is best for this, and can answer a good number of things.)

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,215

    Default Re: The Other Driver Is Lying About How The Accident Occurred

    This post is more than 5 1/2 years old ... the original poster is almost certainly loooong gone.
    A Nor Cal Cop Sergeant

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    And a croissant!"


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  8. #8
    Join Date
    Nov 2013
    Posts
    36

    Default Re: The Other Driver Is Lying About How The Accident Occurred

    Quote Quoting cdwjava
    View Post
    This post is more than 5 1/2 years old ... the original poster is almost certainly loooong gone.
    That's depressing,, waste of time. It was near the top of the list of questions that showed up in the forum list. Wonder how that was (I hadn't searched.)

    BTW, I posted new comments to that thread of mine.

    - - - Updated - - -

    ~~~~~~~~~~~~

    Oh I see, it was one of the suggestions questions of interest at the bottom of another questions's page.

    From 2008. Suggestion - ask the developers to make those suggested questions current. I bet a lot of people post the same as I did!

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