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  1. #1
    Join Date
    Feb 2006
    Location
    Indiana
    Posts
    2

    Default Man failed to yield right of way, turned left in front of me

    In December I was involved in an accident---I had right of way, in right turn lane, man turned left in front of me, failing to yield right of way. The other insurance company is denying the claim based on a witness who "felt" i was excessively speeding. I had driven only less than 0.1 mile on that road until accident and only 50 ft. from where I was to make my turn (light was red so there fore would have had to stop). Speed limit 35mph--45 on the police report. After the adjuster gave permission to get the car fixed, now all of a sudden the ins. co. is denying claim and they are saying they never gave permission to get it fixed. I never signed anything, but cannot get my car back because no one is paying. I was 5 days out of my grace period, so uninsured . Shouldn't the body shop go after the adjuster? I am working on getting a loan to get car back, now ins. company wants me to pay for the other car (old car) that was totalled and owner bought back.

    Other than get a lawyer, any help would be greatly appreciated, and yes, I have learned my lesson on making sure ins. is paid. Will my license be suspended? Can I get it so I can goto work as I am only one to support my son, am a widow.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    The auto body shop confirms that it was authorized to make the repair by the other driver's insurance company?

  3. #3
    Join Date
    Feb 2006
    Location
    Indiana
    Posts
    2

    Default

    The auto body shop states that the adjuster company gave permission to fix it. Adjuster says liability was never mentioned in the talks with the ins. co. I also spoke with the ins. co. regarding rental car for me, it was never mentioned then too. She told me (ins. co.) they would reimburse me after car fixed and they got the bill, that reimbursement was their policy.

  4. #4

    Default

    Have you received a notice form your state requiring a proof of insurance? Many states require you have your insurance company verify insurance. If not and you did not receive a ticket for no insurance, your license is safe.

    If you were speeding you could be held negligent. The police report is not evidence, that only happens if there is a trial. It sounds like the worst is you were both negligent and equally at fault. Then you are responsible for your damages only.
    Did either of you receive a ticket and what was the disposition?

    If you think you were not at fault, you can file a complaint with your state's insurance commissioner and/or file suit against the other driver. If he files first you can counterclaim. Depending on the values, you will likely need legal assistance.

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