help! my friend got into an accident..
03-23-2003, 07:15 PM
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help! my friend got into an accident..
alright heres the story my friend got into an accident 3 months ago. heres how. he was at a light at night, the turn he wanted was the next street up. he looked behind him to see if anyone was coming so he could back up to go into the other lane going straight. he checked and was SURE no one was behind him, while backing up, some lady was exiting an entrance and he didnt see her, because at the time he looked behind no one was behind him. and he hit her car.
so whos to blame? him or her?
alright so her insurance finally sent him some papers asking my friend to survey how much damage on his car was. this is a good three months later mind you. three months ago at the time my friend didnt have insurance on his car. (he thought he did at the time, but it turned out that his insurance expired two months before the accident happened) during that time he has got insurance. However, he told the lady and the cop his car was insured with his old insurance company when the cop came for the police report. if he is to blame, his current insurance should pay for her damages right? even though 3 months ago the accident happened and he DIDNT have insurance. help him out
what i find weird is that her insurance only NOW contacts him about the accident, three months later. Would it be better for him to just contact the lady and tell her he's going to pay for her damage since he might get in trouble for not having an insurance at the time?
so whos to blame? him or her?
alright so her insurance finally sent him some papers asking my friend to survey how much damage on his car was. this is a good three months later mind you. three months ago at the time my friend didnt have insurance on his car. (he thought he did at the time, but it turned out that his insurance expired two months before the accident happened) during that time he has got insurance. However, he told the lady and the cop his car was insured with his old insurance company when the cop came for the police report. if he is to blame, his current insurance should pay for her damages right? even though 3 months ago the accident happened and he DIDNT have insurance. help him out
what i find weird is that her insurance only NOW contacts him about the accident, three months later. Would it be better for him to just contact the lady and tell her he's going to pay for her damage since he might get in trouble for not having an insurance at the time?
03-23-2003, 07:20 PM
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insurance fraud?.......anyway, i would say he's at fault....backing up in the middle of the road.....at best, maybe equal fault, if you can prove the lady was in the wrong, but i don't see how...his driving the wrong way (backing up) should supercede all else.....IMO.....a lot depends on the states interpretation of the law too
03-23-2003, 07:22 PM
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the insurance company could have just been assessing damage to the lady's car.
I know that when I was in an accident the lady I rear ended sued me like 2 1/2 years after the accident... she had like 3 years to file anything before time ran out.
I know that when I was in an accident the lady I rear ended sued me like 2 1/2 years after the accident... she had like 3 years to file anything before time ran out.
03-23-2003, 07:29 PM
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Thanks for the quick replies..
This is what another guy saidabout it
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His current insurance company would NOT cover any previous damages.
If she was pulling out of a private drive (both times I've gotten into similar accidents) it was sited as thier fault.
What does the police report say? Because that is what it will come down to. Did he contact her insurance company within a proper time frame since the accident? Such as within 2-3 days of it?
Without insurance the other company doesn't have to pay for damages done to his vehicle... and they would possibly sue him to get the $$ to repair her car (atleast in the state of Ohio).
Yes it does take a while for insurance companies to get off their butts.
Both times I got into accident's (similar situation, but with insurance) they were to blame b/c of not yeilding to the right away of traffic while coming out of a private drive.
Tell your buddy good luck... he may want to consult an accident lawyer that would know the laws for that state. He will also want to take pictures of all the damages from different angles to go along with the estimate the insurance company reqested. Make sure he keeps a copy for himself b/c the sometimes "loose" stuff like that...
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He says it's the lady's fault since she wasn't yielding.. can that be true? and should my friend just contact the lady and tell her he's going to pay for her damage?
This is what another guy saidabout it
-------------------------------------------------------------------
His current insurance company would NOT cover any previous damages.
If she was pulling out of a private drive (both times I've gotten into similar accidents) it was sited as thier fault.
What does the police report say? Because that is what it will come down to. Did he contact her insurance company within a proper time frame since the accident? Such as within 2-3 days of it?
Without insurance the other company doesn't have to pay for damages done to his vehicle... and they would possibly sue him to get the $$ to repair her car (atleast in the state of Ohio).
Yes it does take a while for insurance companies to get off their butts.
Both times I got into accident's (similar situation, but with insurance) they were to blame b/c of not yeilding to the right away of traffic while coming out of a private drive.
Tell your buddy good luck... he may want to consult an accident lawyer that would know the laws for that state. He will also want to take pictures of all the damages from different angles to go along with the estimate the insurance company reqested. Make sure he keeps a copy for himself b/c the sometimes "loose" stuff like that...
-----------------------------------------------------------------------
He says it's the lady's fault since she wasn't yielding.. can that be true? and should my friend just contact the lady and tell her he's going to pay for her damage?
03-23-2003, 07:35 PM
#7
un-Touch'd krew
Well every state I have lived in backing up in the middle of a roadway automatically puts you at fault regardless of the situation......having no insurance at the time shows lack of responsibility which goes against him overall in the case as well.
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03-23-2003, 07:45 PM
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Originally posted by Nightshade
Well every state I have lived in backing up in the middle of a roadway automatically puts you at fault regardless of the situation......having no insurance at the time shows lack of responsibility which goes against him overall in the case as well.
Well every state I have lived in backing up in the middle of a roadway automatically puts you at fault regardless of the situation......having no insurance at the time shows lack of responsibility which goes against him overall in the case as well.
i second this. also when your backing up you don't just take a quick look. you're supposed to keep looking back. just like when you're driving forward you don't just take a quick look forward and look at the radio for a min. (of course lots of people do this)
03-23-2003, 07:51 PM
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Originally posted by Nightshade
Well every state I have lived in backing up in the middle of a roadway automatically puts you at fault regardless of the situation......having no insurance at the time shows lack of responsibility which goes against him overall in the case as well.
Well every state I have lived in backing up in the middle of a roadway automatically puts you at fault regardless of the situation......having no insurance at the time shows lack of responsibility which goes against him overall in the case as well.
so let's say it's 100% my friend's fault.. what does he have to do now? he didn't have insurance at the time the accident happened.. should he wait to get sued or contact the lady and ask her if he can pay for the damage?
03-23-2003, 07:56 PM
#10
un-Touch'd krew
He owes her $$$$ for damages and it goes against his record for unsafe driving.
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