I was recently in a car accident in which another car attempted to make an unprotected left turn (no turn arrow at this 4 way intersection) and struck my car while I was in the process of clearing straight through the intersection on a yellow light. The other drivers decision to enter the intersection gave me no time to avoid the collision as I was already in the intersection at the time he started to make his turn. I don't think he ever saw me. And no I did not run the red light. I didn't even have to speed up to beat the light.

The other person's insurance is denying all liability on the basis that I failed to yield to their client. That is not the case and completely contradicts Texas transportation law 545.152.

I am in the process of writing an appeal letter but was looking for some advice on what to do next. The other insurance is being nasty and uncooperative. They are giving me the run around and the passengers who were in the car have attempted to file bodily injury claims but their insurance denies them, refuses to take their information, and hangs up on them.

wbt5845 said:

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Goose said:

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Turn it over to your insurance and let them handle it.

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Yep. That's why you pay premiums.

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True. That's looking like where's its going... but I am not at fault and so my insurance shouldn't be responsible to foot the bill for both my car and his car.. I will end up be financially impacted due to the raising of my rates as a result of this and the other car will get off scot-free.. which is crap.. he's the one who failed to yield to oncoming while making an unprotected left turn.

wbt5845 said:

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JuanDurfel said:

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wbt5845 said:

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Goose said:

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Turn it over to your insurance and let them handle it.

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Yep. That's why you pay premiums.

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True. That's looking like where's its going... but I am not at fault and so my insurance shouldn't be responsible to foot the bill for both my car and his car.. I will end up be financially impacted due to the raising of my rates as a result of this and the other car will get off scot-free.. which is crap.. he's the one who failed to yield to oncoming while making an unprotected left turn.

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Not necessarily true. Your insurance will want the at fault driver's insurance to pay. There are ways they can figure out if they're lying about the arrow.

BTW - sorry you have to go through this. I too had an at fault driver hit me who swore up and down they had an arrow - their insurance said I was at fault - my insurance investigated the lights at the intersection and determined they were lying - their insurance company finally gave in and paid.

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thanks.. yea guess I'll see how my insurance handles it. At this intersection, there is no arrow. The left turn lanes are 100% unprotected turns so you are always having to yield. The light was yellow so I'm assuming he decided to go.. not paying attention that I was already 50%+ through the intersection.

I don't mind if I have to use my insurance to take care of myself.. like what's been said.. that's what the premium is for.. its just the fact that the other insurance is claiming I'm at 100% at fault and are trying to get their driver indemnified by my insurance, too.

Just concerned that my insurance won't push back since at the end of the day.. they'll just make more money off me by raising my rates.

rme said:

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wbt5845 said:

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Goose said:

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Turn it over to your insurance and let them handle it.

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Yep. That's why you pay premiums.

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Yes, let your insurance company fight this battle. They are much better equipped to deal with the situation. It's not a perfect process, but it's better than you stressing over this and trying to apply common sense to a corporate/governmental-driven process. Your policy likely requires you to report the accident to your insurance.

I'm no expert, but I have three young drivers....

Best of luck!

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Thanks. I hope so!

Yea, I reported it to my insurance.. as did the other driver since he is trying to push 100% liability onto me and my insurance.

We'll see how this circus goes!

What did the cops reports say?

riverrataggie said:

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What did the cops reports say?

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This. Did you get a police report? Best way to make this cut and dry.

Regardless, let your insurance handle this. They will determine fault on their own. Just because the other insurance balks doesnt mean yours will find you at fault even if they get stuck paying

DannyDuberstein said:

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riverrataggie said:

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What did the cops reports say?

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This. Did you get a police report? Best way to make this cut and dry.

Regardless, let your insurance handle this. They will determine fault on their own. Just because the other insurance balks doesnt mean yours will find you at fault even if they get stuck paying

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I've requested a copy of it.
Both insurances should have copies of it as well.

Speaking with the cops at the scene, they said typically accidents like this where its primarily he said/he said.. its just gonna come down to how the insurances hash it out and what they have in the report won't make or break either person's case.

There were no citations or anything of the sort given to either of us.

No witnesses?

I had someone hit me once and luckily had a witness behind us that gave a statement on my behalf. The other guys' insurance denied at first, so I filed with mine. Got my issues taken care of and then a few months later received my deductible back. My insurance company pressed and pressed.

Don't think your company will just be happy collecting your premium. They'll want to collect from the other company.

Yet another case of why everyone should have a dash cam!

chris1515 said:

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Yet another case of why everyone should have a dash cam!

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preach! i'm getting one after this accident.

chris1515 said:

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Yet another case of why everyone should have a dash cam!

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Any brand recs?

JuanDurfel said:

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DannyDuberstein said:

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riverrataggie said:

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What did the cops reports say?

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This. Did you get a police report? Best way to make this cut and dry.

Regardless, let your insurance handle this. They will determine fault on their own. Just because the other insurance balks doesnt mean yours will find you at fault even if they get stuck paying

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I've requested a copy of it.
Both insurances should have copies of it as well.

Speaking with the cops at the scene, they said typically accidents like this where its primarily he said/he said.. its just gonna come down to how the insurances hash it out and what they have in the report won't make or break either person's case.

There were no citations or anything of the sort given to either of us.

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This is normal. The police didn't witness it, so it's a "crash report" versus a "police report." They'll leave it up to the insurance companies to assign percentage of liability to each party (protip: you're gonna be partially liable, even though you're not IRL).

Pay your deductible, get your car fixed/replaced, and let insurance subrogate. It'll take months, but you'll eventually get any out-of-pocket costs recouped.

Your insurance will likely go up (even if just a little bit).

Let insurance deal with it. They will probably raise rates regardless of if you had a wreck or not. Insurance companies are basically Directv now - good rates at the beginning and then screw the hell out of you hoping you don't pay attention. I have to play this stupid game and change insurance companies every 2 years for car and home owners.