whos's at fault? car accident

[syrous]

i dont know how close that guy following me but.. heres a little diagram hope it help

[psycoticclown]

Umm wtf, looks like the truck swerved and hit you. Any witnesses?

[syrous]

yeah that van but that person didnt stay... and i dont know what happen behind me.. all i saw is four light when my car face the other way... then the truck hit me... on the side

[Mr_ET]

the truck left after hitting you?

Pretty sure you're at fault since it looked like he changed lanes to avoid you and you swerved back so he had nowhere left to go.

Any witnesses, did you take any of their info down or the guy the hit you? Did he say it was his fault, was there a police report filed that specifies it was his fault?

[chkolny541]

Originally posted by psycoticclown
Umm wtf, looks like the truck swerved and hit you. Any witnesses?

i dont think the truck swerved in to hit him, its just the lanes he drew in the pic are super huge and it kinda makes it look like that

[Kennyredline]

I'd like to know exactly how you "lost control...."

[D_flore]

2nd

[Shogged]

i bet you'll be at fault

i was a passenger in a crash like this last year, and my buddy got the blame for the crash, and a ticket for unsafe speed in current conditions.

we were maybe rocking 20kms and only lost control because he locked the brakes in panic.

[Generic]

Originally posted by Shogged
i bet you'll be at fault

i was a passenger in a crash like this last year, and my buddy got the blame for the crash, and a ticket for unsafe speed in current conditions.

we were maybe rocking 20kms and only lost control because he locked the brakes in panic.

yup. the only thing to do is hire a lawyer/paralegal and fight it.

[tom_9109]

Just cooperate with the adjusters and they will investigate fully. Your insurance company will work with the other side in determining the fault by looking at the statements and circumstances. I'd be prepared to be 100% at fault as you lost control ended up backwards and got hit.

[japan_us]

Looks like truck driver recently watched Days Of Thunder and thought that he should "drive through" ... lol

Seriously though, from the diagram (good work btw!), it seems as if you lost it, went into the other lane, truck driver thinks that he can go though if he takes the shoulder, and then you end up spinning into his path. I would think that you're at fault because, a) you lost control, and b) the other driver can say that he was attempting to avoid the accident.

I'm no expert though.

[ralliart_girl]

Originally posted by Generic


yup. the only thing to do is hire a lawyer/paralegal and fight it.

Getting a lawyer, will not change how an insurance company determines liability. If you like, go ahead and bust out this card...I guarantee your adjuster won't even blink. Listen to tom_9109, he knows what is talking, this is totally the best way to handle this.

[Generic]

Originally posted by ralliart_girl


Getting a lawyer, will not change how an insurance company determines liability. If you like, go ahead and bust out this card...I guarantee your adjuster won't even blink. Listen to tom_9109, he knows what is talking, this is totally the best way to handle this.

wrong. A proper lawyer can argue whose at fault, and if he wins in court in determining he's not at fault, he can take it to insurance and say "see the Judge said I'm not even at fault" and can get the accident removed from his record. A friend just went through this here.

[ralliart_girl]

Originally posted by Generic


wrong. A proper lawyer can argue whose at fault, and if he wins in court in determining he's not at fault, he can take it to insurance and say "see the Judge said I'm not even at fault" and can get the accident removed from his record. A friend just went through this here.

Dude, this doesn't happen that often, trust me. You are right, it can happen, but this is not the norm. And if you had actually worked in the claims dept of an insurance company...you would know this. Being a dick to your adjuster, will get you no where, the lawyer card was thrown at me at least 10 times a day. There are insurance rules, and that's how claims are settled, and if the judge rules differently, then it will be dealt with at that time, ususally this is months and months down the road. So relaying on this....probably not the best way to handle this.

[tom_9109]

Originally posted by Generic


wrong. A proper lawyer can argue whose at fault, and if he wins in court in determining he's not at fault, he can take it to insurance and say "see the Judge said I'm not even at fault" and can get the accident removed from his record. A friend just went through this here.

No, you're wrong. Here a direct copy from the Standard automobile policy (section A) in Alberta which is the contract between you and the insurance company.



AGREEMENTS OF INSURED
Where indemnity is provided by this section, every person insured by this
Policy:
(a) by the acceptance of this Policy, constitutes and appoints the Insurer his
irrevocable attorney to appear and defend in any province or territory of
Canada in which action is brought against the Insured arising out of the
ownership, use or operation of the automobile;

An insurance company is not gonna accept 100% fault unless they have to. After the fact i guess you can get all the lawyers you want but you'd be wasting your time.

Its almost like I'm somehow involved and educated in insurance. . . . . weird.

[Richjerk]

let the insurance decide

[ralliart_girl]

Originally posted by tom_9109
Its almost like I'm somehow involved and educated in insurance. . . . . weird.

LOL...yea dude, I'm impressed. It is probably all the conversations you have had with adjusters...the best parts are when you bust out the SPF 1, now even I saved that for special days only

[tom_9109]

Originally posted by ralliart_girl


LOL...yea dude, I'm impressed. It is probably all the conversations you have had with adjusters...the best parts are when you bust out the SPF 1, now even I saved that for special days only

The being an adjuster helps a bit too

[ralliart_girl]

Originally posted by tom_9109


The being an adjuster helps a bit too

I thought you were an appraiser. I must have remembered wrong. Sorry

[tom_9109]

Originally posted by ralliart_girl


I thought you were an appraiser. I must have remembered wrong. Sorry

You remembered right, just I never stop trying to improve myself and adjuster was the logical step.