crashed my truck, insurance questions.

[turbostang]

Long read...

Rachel and I went to breakfast on 11/10 and on the way back - got into a "minor" accident, that clearly wasn't MY fault.

quick rundown - we're Westbound on Western center where it meets blue mound (North FTW). Come to the stop sign, stop for a minute or so...(this intersection SUCKS). Traffic finally lets up, guy is heading Northbound in the TURN lane to TURN onto Western Center WITH his turnsignal ON. He gets within ~50yards and I decide to go because I think he's "committed" to the turn - I mean, he's in the turn lane and has his signal on etc...long story short, he crosses the white line, we pull out and he T-bones my truck. We weren't injured, my truck had 4400$ damage, his shitbox Durango was fine (no worse than it already was). Cops come, he flat ass lies and said he was Northbound the hole time... Cops asked me my side, I showed the SKID MARKS that cross the white line and lead up to where his vehicle came to rest and was STILL sitting (I moved out of traffic, luckily he didn't)....

MY truck has already been fixed by USAA/Fivestar Ford. My insurance had me in a rental car in 45 minutes.

I finally got a statement from HIS insurance company and called them. They more or less wanted a recorded statement from me - I did that, and at the end of the conversation she asked me if I had any questions. I asked her for a copy of the police report which she admitted to having. She actually fax'd me a copy - this was the FIRST time I had seen the report. The cop's story and caveman drawing actually matched my statement EXACTLY.. (I had no idea what the cop wrote at the time of the statement)

My questions, are will my rates go up because of this? (I'm sure they will some how). Will my insurance company persue them if they don't pay up since the police report appears to match my statement so good?..and lastly, will those hosers cover my camera that got submerged in my FULL glass of sweet tea?

[smokey3550]

usually you're rates wont go up when it's not you're fault. The ins companies will fight it out regarding which companie is liable.

[Unicorn Jeff]

Hmmm they mentioned a wreck off 35 and Western Center... maybe they meant this? That sucks dude!

[TINKRD]

no your rates wont go up b/c you were not at fault. your insurance company will go after his insurance company to get back the money they spent on your truck.

or instead of asking Stangs, you can just call your insurance company, make sure they have a copy of the police report stating it was his fault and say "so since i was not at fault here, will my rates increase on renewal"

[turbostang]

Hmmm they mentioned a wreck off 35 and Western Center... maybe they meant this? That sucks dude!

They who? This was a few weeks back..

I hope you guys are right, it pisses me off that it was his fault and it's already cost me ~350$.

[Treadhead]

Long read...

Rachel and I went to breakfast on 11/10 and on the way back - got into a "minor" accident, that clearly wasn't MY fault.

quick rundown - we're Westbound on Western center where it meets blue mound (North FTW). Come to the stop sign, stop for a minute or so...(this intersection SUCKS). Traffic finally lets up, guy is heading Northbound in the TURN lane to TURN onto Western Center WITH his turnsignal ON. He gets within ~50yards and I decide to go because I think he's "committed" to the turn - I mean, he's in the turn lane and has his signal on etc...long story short, he crosses the white line, we pull out and he T-bones my truck. We weren't injured, my truck had 4400$ damage, his shitbox Durango was fine (no worse than it already was). Cops come, he flat ass lies and said he was Northbound the hole time... Cops asked me my side, I showed the SKID MARKS that cross the white line and lead up to where his vehicle came to rest and was STILL sitting (I moved out of traffic, luckily he didn't)....

MY truck has already been fixed by USAA/Fivestar Ford. My insurance had me in a rental car in 45 minutes.

I finally got a statement from HIS insurance company and called them. They more or less wanted a recorded statement from me - I did that, and at the end of the conversation she asked me if I had any questions. I asked her for a copy of the police report which she admitted to having. She actually fax'd me a copy - this was the FIRST time I had seen the report. The cop's story and caveman drawing actually matched my statement EXACTLY.. (I had no idea what the cop wrote at the time of the statement)

My questions, are will my rates go up because of this? (I'm sure they will some how). Will my insurance company persue them if they don't pay up since the police report appears to match my statement so good?..and lastly, will those hosers cover my camera that got submerged in my FULL glass of sweet tea?

Who was the Officer? I wanna make fun of him for his caveman drawing!

[turbostang]

LOL, it was Saginaw PD...

[Unicorn Jeff]

They who? This was a few weeks back..

I hope you guys are right, it pisses me off that it was his fault and it's already cost me ~350$.

People on the radio.

[krazy kris]

I hate that intersection I always see people doing stupid shit like that, glad yall were ok

[GE]

Such mis-information in this entire thread.

It depends on who the other guys insurance company is. If they are members of Arbitration, your company USAA may pursue his insurer through Arb. However, I think there's some comparative negligence. You failed to yield the right of way from a stop sign, plain and simple. You have to wait for the other person to either make their turn or pass you. I think that other guy was partially at fault for being in a turn lane and then crossing the solid guy and continuing straight. Without have a statement from either driver or seeing the police report, I'd say you're 65-70% at fault for failing to yield the right of way from a stop sign.

Sec. 545.153. VEHICLE ENTERING STOP OR YIELD INTERSECTION. (a) Preferential right-of-way at an intersection may be indicated by a stop sign or yield sign as authorized in Section 544.003.
(b) Unless directed to proceed by a police officer or official traffic-control device, an operator approaching an intersection on a roadway controlled by a stop sign, after stopping as required by Section 544.010, shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator's movement in or across the intersection.


You better get with USAA and make sure they didn't find you at fault for this loss. Even if they didn't find you at fault, they might be able to raise your rates for merely being a "risk" regardless of fault.

[UserX]

I think GE is right, you will be at fault because you're not supposed to proceed until the intersection is clear. Doesn't matter if he crossed the line or had his blinker on, you were at a stop and he had the right of way. Glad no one was hurt, that's what matters most.

[turbostang]

Such mis-information in this entire thread.

It depends on who the other guys insurance company is. If they are members of Arbitration, your company USAA may pursue his insurer through Arb. However, I think there's some comparative negligence. You failed to yield the right of way from a stop sign, plain and simple. You have to wait for the other person to either make their turn or pass you. I think that other guy was partially at fault for being in a turn lane and then crossing the solid guy and continuing straight. Without have a statement from either driver or seeing the police report, I'd say you're 65-70% at fault for failing to yield the right of way from a stop sign.

Sec. 545.153. VEHICLE ENTERING STOP OR YIELD INTERSECTION. (a) Preferential right-of-way at an intersection may be indicated by a stop sign or yield sign as authorized in Section 544.003.
(b) Unless directed to proceed by a police officer or official traffic-control device, an operator approaching an intersection on a roadway controlled by a stop sign, after stopping as required by Section 544.010, shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator's movement in or across the intersection.


You better get with USAA and make sure they didn't find you at fault for this loss. Even if they didn't find you at fault, they might be able to raise your rates for merely being a "risk" regardless of fault.

I figured it would be something like this, but my only question is Right of Way only to persistent traffic and not to someone who's in the turn lane?

I don't know, I'm only asking.. but it's fucked up that he can make a decision to take a turn, indicate he's going to turn, and cross the solid line on his LEFT WITH his RIGHT turn signal still ON...

[yellowstang]

Get Accident Forgiveness on your policy, then if it is %100 your fault, no rate increase!

Edit: Yeah, even if he was in a turn lane, he did not have a stop sign, or yield sign, sucks tho.

[OreoStang]

Sorry to hear. Hope everything works out

[Scott Mc]

GE is correct, your rates might not change if your history is good. The same thing almost happened to me yesterday, just call your agent and ask them man. It won't change sat will happen