Question Regarding Recent Accident

Battery

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Hey guys,
This is gonna be a long one but input would be appreciated.

Friday 1/29 I was involved in a collision around 12 noon. I was turning left from a side street onto major road. I was sitting at a stop sign waiting for a clear spot in the traffic. To my left was a hill maybe 5 car lengths to the top, obstructing my view. To my right was a clear view of oncoming traffic. When both ways were clear I began to make my turn when a purple Chevy quickly comes over the hill. He begins braking at the top of the hill and I attempt to speed up to clear him. He nailed me in the driver side rear quarter panel with the front driver side of his car. He threw my car several lengths and spun me around. The impact shut down my fuel pump. This was in a 30 mph area. He broke from the top of the hill leaving deep black marks the entire way down. We moved the cars out of traffic and contacted the police.

I received the accident report on Wednesday (they don't process over weekends, and they needed me to pick it up in person, this is roughly an hour from my home)
I sent it into my insurance. My insurance contacted me back today saying that on the report the police noted on the report that I disregarded a traffic control. There is also a witness listed on the report. I know that no witness was there to make a report so I have no idea who this guy could be. My insurance says that they are going to try to fight my case based on the point of impact, but because of the note about the traffic control I have a slim chance. I don't have collision coverage so if I'm listed at fault I get nothing to fix my car with.

I need advice on what to do. I don't feel I was at fault. I believe the other driver was speeding, as I think he should have been able to stop in time in a 30 mph zone. The officers wrote nothing about his speed. They also wrote about my disregard for a traffic control without issuing a citation, or even being present. I also don't know if I should do anything about the witness on the report who was not present. Thanks for reading and if you have any advice please let me know.
 
They took statements and that was it. People are telling me I should have pointed these things out to the officers, but I didn't know. I thought it was best to let them do their jobs.
 
Hey guys,
This is gonna be a long one but input would be appreciated.

Friday 1/29 I was involved in a collision around 12 noon. I was turning left from a side street onto major road. I was sitting at a stop sign waiting for a clear spot in the traffic. To my left was a hill maybe 5 car lengths to the top, obstructing my view. To my right was a clear view of oncoming traffic. When both ways were clear I began to make my turn when a purple Chevy quickly comes over the hill. He begins braking at the top of the hill and I attempt to speed up to clear him. He nailed me in the driver side rear quarter panel with the front driver side of his car. He threw my car several lengths and spun me around. The impact shut down my fuel pump. This was in a 30 mph area. He broke from the top of the hill leaving deep black marks the entire way down. We moved the cars out of traffic and contacted the police.

I received the accident report on Wednesday (they don't process over weekends, and they needed me to pick it up in person, this is roughly an hour from my home)
I sent it into my insurance. My insurance contacted me back today saying that on the report the police noted on the report that I disregarded a traffic control. There is also a witness listed on the report. I know that no witness was there to make a report so I have no idea who this guy could be. My insurance says that they are going to try to fight my case based on the point of impact, but because of the note about the traffic control I have a slim chance. I don't have collision coverage so if I'm listed at fault I get nothing to fix my car with.

I need advice on what to do. I don't feel I was at fault. I believe the other driver was speeding, as I think he should have been able to stop in time in a 30 mph zone. The officers wrote nothing about his speed. They also wrote about my disregard for a traffic control without issuing a citation, or even being present. I also don't know if I should do anything about the witness on the report who was not present. Thanks for reading and if you have any advice please let me know.

If there is ever any major damage, you should never remove your car from an accident until a cop arrives-you could have set up some sort of 'warning' device at the top of the hill to warn oncoming traffic of the accident...but you need to photograph the skid marks, and find out (or have your insurance co) get the name of the 'witness'-since your ins company will have to cover it if you are found to be at fault, it is in their best interest to discredit their version of events, if they were even present at all-you need to forcefully have a statement on record that there were, to the best of your knowledge NO witnesses present. The fact that he hit your car is a major plus-point of impact is a major factor in determining fault, but not definitive. A photo of your view left would be helpful, and the length of the skid can easily determine his speed. If you keep on your insurance company and GET PICTURES OF EVERYTHING, it will only help you out.
 
I would like to think that with what I've dealt with I have a pretty good idea on this. And it doesn't look like you can do a whole lot, but it doesn't mean you're screwed. You can get a lawyer and you definately should.

This other witness, you need to see where he came from? He could've been in his yard, or somewhere, and watched it. But if he wasn't there when the cops came and left, this guy probably has a buddy agreeing that he was there, for his benefit. That's where your lawyer would come in.

Your lawyer would also question the police officers protocol, and could probably get someone else in to re-assess the accident.

With a lawyer saying in court "my client claims he was far within reasonable judgement on making this turn, and this other guy was driving at an excessive rate of speed", you'll probably have an air tight case, as long as there's a picture, or even marks in the road, if you could go take pictures of those, you should right away! That sounds to be substantial evidence (from what you say) showing he was not doing 30.

With the picture you painted in my head I think you have a good shot. But, with a lawyer. Is that an option for you?
 
+1, take pictures. Your insurance should and will most likely come out and walk out the skid marks with a wheel and measure his distance which will determine his round about speed. Pictures tell a thousand words and hopefully, he left marks on the street.

I also agree on this ghost witness. You need to find this person or your lawyer does and find out where he/she was at that time to see what he/she says he/she seen. With your type of insurance, which is the same type I have, how would it benefit you to pull out in front of a speeding vehicle? See, there isn't any gain for you from doing this. If this is fought right and his speed is proven to be above what it should have been, his insurance will be paying for your car.

We here, would also like to see pics of that intersection, car, skid marks, hill and the surroundings.
 
I'm heading back out tomorrow and will borrow a good camera. Thanks for all of the responses.
 
I'm heading back out tomorrow and will borrow a good camera. Thanks for all of the responses.

Measuring tape too. Get a long one and take a pic of the skid measurement yourself, just in case the insurance doesn't. Sometimes you have to do their job for them. Rain could come through and wash away some good evidence before it's ever obtained.
 
Measuring tape too. Get a long one and take a pic of the skid measurement yourself, just in case the insurance doesn't. Sometimes you have to do their job for them. Rain could come through and wash away some good evidence before it's ever obtained.

It's a busy street, I'll see if I can get in there though.
 
I've always said there's no situation that the insurance companies don't already have figured out who's the blame. It's black and white to them - it's just a matter of filling in the blanks.

Unless the other driver can be fingered for speeding (or impaired driving) - it's your fault. Period.

How do I know?

Easy.

You were moving.

That's all they need to know.

Let me repeat...

Unless the other driver can be fingered for speeding (or impaired driving) - it's your fault.
 
Driller does make a good point, that's how they'll see it.

You need a lawyer if you're given the chance to use one.
 

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