Car probably totalled - Truck Driver at fault

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jadame
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11:42a, 2/21/19
I was in an accident on Valentine's day where I was driving on a green and a flat bed truck had turned on a flashing yellow arrow. I stopped too late and caught the tail end of his truck where it ripped my van hood open. No airbags deployed and my two daughters in the vehicle were not injured. The police who was there said the truck driver would be found at fault in his report. He didn't issue the truck driver any tickets because he was honest and apologetic.
An adjuster representing the truck company's insurance took my statement yesterday and encouraged me multiple times to remove the vehicle from the storage lot and to go through our insurance collision coverage because they will not make a decision without the police report and even then they may not find the company fully at fault.
Is this a normal situation where they are trying to strong arm us into not putting in a claim through them? We do not have collision coverage just liability so I can't do that anyway. But I'm trying to figure out how there is anyway they would not be fully responsible. Any insights?
Thanks

Edit: His arrow was flashing and I was definitely not speeding. But the adjuster mentioned that the truck driver had "control of the intersection" whatever that means.
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Picard
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12:13p, 2/21/19
AG
So you don't have collision coverage, had an accident with a commercial vehicle, and there were children in the vehicle.

Sounds like you need a lawyer that advertises on TV

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aTm2004
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12:32p, 2/21/19
AG
Talk to your insurance company to see if there's anyway they can help. A couple of years ago I t-boned an asshat who decided he had sat at a red light too long and didn't get my insurance involved right away as it was pretty cut and dry (2 witnesses including the lady at the light next to him and he was ticketed & ruled at fault). His insurance company tried to put the blame on me for not controlling my speed, so I opened a claim with my insurance who settled with me and then went after the other driver and his insurance. I'll give his insurance credit, they took it all the way to arbitration where they were slapped for being effing stupid to think it was remotely my fault.

Also, write down any and all details you can remember. They'll use what you told them and pick it apart as much as they can to make it look like you were at fault.
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03_Aggie
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12:33p, 2/21/19
I'm not sure he was being malicious with his suggestion. I think he was warning it was going to be a slow process on their side and you could potentially rack up a lot in storage fees and may ultimately be stuck with some portion of responsibility.

Filing through your insurance and letting them subrogate it would get things moving faster on your side. Only having liability coverage probably throws a wrench in that plan.

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op_06
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3:27p, 2/21/19
AG
If he legally entered the interestion as you're saying (entering on a yellow arrow is still legal), you may share some of the responsibility for the collision.

Your light wouldn't be green while his light displayed a green or yellow arrow, which indicates a protected turn for him. If your light turned from red to green while he was still in the intersection turning, you cannot legally enter the intersection unless you can safely clear the intersection (similar to the "don't block the box" signs that some cities post at major interesections).

I'm not advocating that you are 100% at fault or he is 100% at fault, but it's not as clear cut as you're saying.

It seems that their adjuster is giving you a heads up based on their investigation thus far. It wouldn't hurt you to consult with an attorney since they likely are using one as well if it's a large company.

EDIT: The cop shouldn't have told you that other party would be found "at fault". That's the responsibility of the insurance company to determine fault and liability. There's a section on the CR-3 to list "contributing factors" for the collision, which is only based on the officer's opinion.
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Animal
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In reply to op_06 • 3:59p, 2/21/19
AG
op_06 said:
If he legally entered the interestion as you're saying (entering on a yellow arrow is still legal), you may share some of the responsibility for the collision.

Your light wouldn't be green while his light displayed a green or yellow arrow, which indicates a protected turn for him. If your light turned from red to green while he was still in the intersection turning, you cannot legally enter the intersection unless you can safely clear the intersection (similar to the "don't block the box" signs that some cities post at major interesections).

I'm not advocating that you are 100% at fault or he is 100% at fault, but it's not as clear cut as you're saying.

It seems that their adjuster is giving you a heads up based on their investigation thus far. It wouldn't hurt you to consult with an attorney since they likely are using one as well if it's a large company.

EDIT: The cop shouldn't have told you that other party would be found "at fault". That's the responsibility of the insurance company to determine fault and liability. There's a section on the CR-3 to list "contributing factors" for the collision, which is only based on the officer's opinion.
Uhm...yes a yellow arrow absolutely can be present while his light was green. All that means is you can make a left turn but you must yield to oncoming traffic.
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Buck Compton
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In reply to Animal • 4:13p, 2/21/19
AG
Animal said:
op_06 said:
If he legally entered the interestion as you're saying (entering on a yellow arrow is still legal), you may share some of the responsibility for the collision.

Your light wouldn't be green while his light displayed a green or yellow arrow, which indicates a protected turn for him. If your light turned from red to green while he was still in the intersection turning, you cannot legally enter the intersection unless you can safely clear the intersection (similar to the "don't block the box" signs that some cities post at major interesections).

I'm not advocating that you are 100% at fault or he is 100% at fault, but it's not as clear cut as you're saying.

It seems that their adjuster is giving you a heads up based on their investigation thus far. It wouldn't hurt you to consult with an attorney since they likely are using one as well if it's a large company.

EDIT: The cop shouldn't have told you that other party would be found "at fault". That's the responsibility of the insurance company to determine fault and liability. There's a section on the CR-3 to list "contributing factors" for the collision, which is only based on the officer's opinion.
Uhm...yes a yellow arrow absolutely can be present while his light was green. All that means is you can make a left turn but you must yield to oncoming traffic.
That would be a flashing yellow arrow. And in that case, you're likely looking at some 50/50 or 75/25 split of fault due to the "controlling speed" nature of the argument that was mentioned earlier. While the flashing yellow would yield to traffic, if someone was speeding coming the other way, they can share fault. Just casting doubt on it is likely to push for a settlement.
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hurricanejake02
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In reply to op_06 • 4:14p, 2/21/19
AG
op_06 said:
If he legally entered the interestion as you're saying (entering on a yellow arrow is still legal), you may share some of the responsibility for the collision.

Your light wouldn't be green while his light displayed a green or yellow arrow, which indicates a protected turn for him. If your light turned from red to green while he was still in the intersection turning, you cannot legally enter the intersection unless you can safely clear the intersection (similar to the "don't block the box" signs that some cities post at major interesections).

I'm not advocating that you are 100% at fault or he is 100% at fault, but it's not as clear cut as you're saying.

It seems that their adjuster is giving you a heads up based on their investigation thus far. It wouldn't hurt you to consult with an attorney since they likely are using one as well if it's a large company.

EDIT: The cop shouldn't have told you that other party would be found "at fault". That's the responsibility of the insurance company to determine fault and liability. There's a section on the CR-3 to list "contributing factors" for the collision, which is only based on the officer's opinion.
May be some confusion here between a yellow arrow and a flashing yellow arrow, before we go too far down this rabbit hole.
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91AggieLawyer
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4:14p, 2/21/19
AG
Quote:
Your light wouldn't be green while his light displayed a green or yellow arrow, which indicates a protected turn for him

You would think so, but that's not how these lights are working now. Arrows don't mean protected any more. At least, not at all lights.

When I was in Florida in 1993 (I know the date since it was my honeymoon) I saw red arrows -- the first time I've ever seen them, and took a pic. Made absolutely no sense to me. Still doesn't but I see them and yellow arrows in Texas when cross traffic is on green. So the bottom line is that if the OP is accurate, the other drive IS at fault, although there MAY be a comparative negligence argument depending on the situation.
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Buck Compton
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In reply to 91AggieLawyer • 4:16p, 2/21/19
AG
If you see a solid yellow light while cross-traffic is green, the light is incorrectly programmed. Only a flashing yellow would be visible at that point.
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TexasRebel
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4:22p, 2/21/19
AG
Which would be moot if we could treat red lights as stopsigns and proceed when there's nobody around for miles instead of waiting for the cross light to find a car to stop before changing.
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FC12
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6:52p, 2/21/19
Next time, refuse to give a verbal statement. Give them the police report and a written statement. That way you control the narrative and he facts are stated without anything else.
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jadame
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In reply to Buck Compton • 7:32p, 2/21/19
The truck driver had a flashing yellow arrow and I definitely wasn't speeding because I was coming out of a left turn in a school zone. At MOST I was doing 30 mph but more likely 20-25.
The adjusters voicemail that she left today indicated that the truck might have had "control of the intersection" because I hit the rear of the trailer.
And I have been working with my insurance but right now there's nothing anyone can do because we're waiting for the police report.
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jadame
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In reply to FC12 • 7:34p, 2/21/19
Hopefully there will not be a next time but I think this is good advice. I didn't know she was going to record my statement until she started the recording and then asked me if I was aware and gave permission.
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TexasRebel
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In reply to jadame • 7:58p, 2/21/19
AG
The back of your insurance card says something to the effect of "don't say anything"
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AlphaBean
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8:17p, 2/22/19
AG
You hit him in the rear which will be interpreted as he had all but cleared the intersection so you should have had plenty of time to stop. I'd bet you end up with at least 50% responsibility.

Get a dash cam.
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agracer
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12:33p, 2/25/19
AG
just get a lawyer. They'll settle quickly and you'll be made whole.

Normally I wouldn't suggest that, but since Insurance companies are now being asshats about 'fault' in obvious at fault accidents, screw them. It can take days for bruises or sore muscles to show up. Get a lawyer and next time they call refer them to you new best friend. They'll settle really quick and you'll be made whole. Note that I'm not suggesting you lie, but if they're going to play hardball, get someone on your side who can swing a much larger bat than you can.

Also, as other suggested, you either refuse to talk to them, or at most say "I was going x-direction with a green light and your client failed to yield to my green light" in other words, only state fact, NEVER give an opinion on anything surrounding the event.
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