I was in a car accident.
It was their fault (turned left when they should not have, I had a green light)
What should I do or not do?
I know the insurance company is out to spend as little money as possible.
We both have geico, i dont know if that's good or bad.
Thinking about it now they will probably try to cheap out on both of us.
Whereas if we had different insurance companies they'd fight tooth and nail to make the other one pay.
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If you don't want accident history find a good reputable body shop and have dumbass pay out of pocket
the cars easily totaled
i'm more concerned about if the other person lies and says i went through a red
there were a number of witnesses on scene and cops were there quickly, but having never been in an accident before i didn't confirm stuff with the witnesses.
GEICO is nasty with other insurance companies.
As far as fault, they'll settle however they legally have to.
Were you or the other driver cited for the accident? If the other driver was cited, then they will likely consider them majority at fault. They won't sweat the percentages, just who was majority at fault. They'll pay you both either way since they have to, but they'll want to jack up the responsible driver's premiums so they GTFO GEICO or at least give GEICO more money.
Did you have a dash cam?
>there were a number of witnesses on scene and cops were there quickly, but having never been in an accident before i didn't confirm stuff with the witnesses.
Get a copy of the police report. Also, this is why people have dashcams: People are shitty, and they and their friend will lie that the light was green when they went through it, then the insurance company finds you at fault.
Do you have a copy of the accident report? What does it say? The accident report traditionally carries a lot of weight.
Did you get a police report?
Had a buddy on the opposite end of your dilemma
He said it turned red and the other guy went straight through it and despite having witnesses the person turning left is almost always at fault
no
i'm waiting to get one, they said it was awaiting supervisor approval and couldn't share any info
good, but apparently florida is fucked for more than just letting old shitbags drive and that i may have 1-10% liability just because xd
Generally it's very hard to get 0% fault in any accident in most states unless the driver up and admits its their fault. Whether it matters or not is up to your insurer and state rules.
In New York, an accident is not considered chargeable (e.g. points assessed to increase premium) if it results in less than $2,000 in damage. Most insurers will exempt rear end collisions, hit and run collisions (if you report it in a timely fashion), and incidents where the other drivers was charged with a moving violation from being considered for surcharge on premiums.
both cars are worth less than 2k
what worries me is she's old and healthcare is fucked up in this country
the ER said nobody in any motor vehicle accidents had serious injuries but she could still have a big bill because the system si BS
Florida is a no-fault state where you have to carry $10K in personal injury protection that your own insurance pays out regardless of fault. You can only pursue claims if the damages exceed that or you claim "permanent injury".
If she had another insurance company, GEICO would have motive to defend you up to your liability company. As it stands, GEICO represents both of you and they don't make money paying out claims.
If the cops cited the elderly driver, then you're probably clear - check your policy paperwork under the exceptions of the good driver plan. If they didn't, it may be considered a chargeable accident.
If she solely charges inury under the PIP/APIP coverage she has with GEICO, it's not chargeable either.
huh ok, so my insurance would owe:
(her medical bills - 10,000) * my_percent_liability
i have 25k in coverage so i would owe out of pocket only if
(her medical bills - 10,000) * my_percent_liability > 25,000
right?
You'd have to read the good driver plan for GEICO in FL. The PIP coverage of $10K that each of you are required to carry for your own auto injury in Florida is separate and you claim against your own plans. If she has APIP in a higher amount and claims an amount lesser or equal to it you owe jack shit, even if you're majority at fault. That's how no fault states work.
Regardless of your percent fault, she could try to pursue a claim against you. Generally, in most states, you're only successful in pursuing claims for injury in excess of policy limits if the other driver is considered majority (51% or more) at fault, but I'm not sure how florida works in that regard.
apparently florida is shit and even if the other party is only 1% at fault you can file a claim against them
There's not much you can do and this is what insurance is for. My brother made a left turn when another driver did more than twice the speed limit in a residential area over a hill and got t-boned, he got cited at 51% fault for making the left turn and the other driver sued and got $105K (dother driver's dad was a doctor and knew how to fake the writeup). He had surcharged insurance premiums for a few years, what the fuck are you going to do.
People are shitty. If the old lady isn't a jackass it will most likely just sort itself out. If she really did make an improper left turn, the cop probably cited her for it.
Florida has some of the most liberal public records laws in the country hence the "Florida man" headlines. If you know the county and there's the name of the other driver in the info you exchanged/preliminary accident report, you might be able to look them up on the municipal court website and see if they were cited.
neither the report nor any citatinos are available yet (they said accident report is awaiting supervisor approval)
what i'm worried about is if she lies & i dont have witnesses to support that the light was green that i'd owe a lot of money (thousands or tens of thousands) for medical bills or something
especially as people lie about those too
If your insurance company pays up to their limits (they will try to fight it down) you're liable past that and her personal injury coverage. If both your cars were worth under $2K, I'm guessing you don't have a lot of money and they probably won't pursue it - see "blood from a stone". (Never tell ANYONE your coverage limits especially at the scene of an accident). I wouldn't stress out about it.
I would advise you to get a good dashcam though.
i actually have a lot more money than you'd expect, i just was driving a beater
Is it obvious that you have money?
Do you live an apartment? Is the amount you're paying for rent obvious?
Do you live in a house? Does it make it seem obvious that you have income by the value of the house?
Are you internet/newsworthy famous?
Are you a public servant where your compensation is obvious?
I have a job title which conveys that I have less money than I do. My home address gives the impression of having way more money, but it's easily proved I don't live there.
I'm assuming you have some means you're not carrying state minimums, right? What are your personal injury limits on your policies? Not the 10K PIP for your own injuries bot bodily injury limits if another driver sues you.
25k property 25k medical (per person)
I'm an engineer living in a fairly nice apartment (~1400/mo rent)
here
>i don't live there
I meant that I have jack shit on the mortgage and I'm freeloading rent free where I live.
>$25K medical
Bruh that's pretty low DESU (my limits are $1M/$1M which is kind of excessive), but if you're splitting that rent with a roommate it's easily understandable on that rent.
You're probably overanalyzing it, and at this point you don't have much control. GEICO is going to do their course at this point on fault. The biggest thing is the police report. GEICO will make a fault determination.
Florida's pure fault rules are pretty retarded and IMO would be a good reason to carry more insurance.
Did the airbags go off? Did she refuse medical attention at the scene? Did she complain at all?
my airbags didn't go off
her car ended on its side but she was cognizant and the ER said nobody came in with serious injuries for any crashes that day (and she definitely went to that ER)
yeah i wish i had a higher liability now
also she was 84 and driving with limited visbility (bus blocking her vision and i think sun was in her eyes) which is even more reason she shouldn't have turned left
apparently they will try to argue that because she got past one lane of traffic (i was in the right lane not the left) that she will be less at fault or something.
the impact was in the middle of her car so even if i swerved instead of hitting the breaks i would have still hit her
plus there's a hill so her visibility of oncoming cars is even more reduced
You're kind of in the hands of fate now, DESU. I realize that might not make you feel better, but I work in an industry where I have a certain amount of control over what is in front of me and certain lack of control. When you lack control, you just try to embrace it.
In NY she could still easily claim whiplash as a minimum. In Florida your plan is obligated to pay out as much as possible. Pure fault rules in Florida means between your combined limits GEICO has as much incentive to fight for you as fight against her regardless of who is considered "more at fault" as GEICO pays anyways.
>apparently they will try to argue
Who is they? Does she have legal representation? All of the factors you described would be reasons not to take the turn (limited visibility, obstructed by glare, hill reducing visibility of oncoming cars).
well "they" is her claim adjustor for geico
i filed a claim and spoke with an adjustor on my side (or whatever they're called) and he was speaking as to what her side would do
>Pure fault rules
Also I can't seemingly find this phrase anywhere...
are you referring to contributory / comparative negligence/fault?
It's been a while since i was trying to learn so many legal/technical terms in such a short timeframe that's for sure
I don't know how florida works and what roles the claims adjustor pays even if they're from the same company in FL. Externally it's more of a dogfight on rough claims, internally it's more about finding a mediation and trying to collect info that minimizes claims on both sides.
alllaw.com
>Florida follows a “pure comparative negligence rule” in cases like these. Under this rule, the amount of compensation you're entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident.
>All of the factors you described would be reasons not to take the turn (limited visibility, obstructed by glare, hill reducing visibility of oncoming cars).
thanks this is helpful
is the drivers age also something i can bring up?
>is the drivers age also something i can bring up?
Probably irrelevant if they hold a valid license.