Got into an accident and the other drivers insurance won't pay

[Homefrrie]

If you had an arrow as you claim to turn left.. then I'd be willing to bet that opposing traffic has a 'No Turn on Red' sign..

I suggest going back to the scene to check this out.

[marg_fan]

I found the pertinent section of the Indiana drivers' manual [in.gov]. I guess I was confused by the terminology. They call them rules, not laws and I thought they meant general "rules of the road" or "rules of thumb".

The section goes on about the procedure to parallel park, further blurring the line between traffic laws and common procedures. I think I'll print out the drivers' manual in case I insist on being right.

[sillymcnasty]

If he has to yield on the red, does it matter what lane you turn into? You were at the intersection, not even at the point where you had to choose left vs right lane (or side), right?

[redmaxx]

Quote from Homefrrie : If you had an arrow as you claim to turn left.. then I'd be willing to bet that opposing traffic has a 'No Turn on Red' sign..

That's pretty unusual here. Since left turn arrows occupy such a small amount of time in the light cycle, it would be pretty wasteful to deny traffic the opportunity to turn right on red. Usually they're reserved for when there's an obstruction to viewing traffic.

[redmaxx]

Quote from sillymcnasty : If he has to yield on the red, does it matter what lane you turn into? You were at the intersection, not even at the point where you had to choose left vs right lane (or side), right?

[redmaxx]

Quote from rayzac : For IL: http://www.sos.state.il.us/public...ml#turning Right Turns: Yield the right-of-way to pedestrians, emergency vehicles and other vehicles in the intersection. Left Turns: Complete the turn into the lane closest to you going in your intended direction. So based on that, I would say both parties are at fault. Would be a toss up who would win in a lawsuit IMO.

Here's AZ: http://www.azleg.state.az.us/Form...ocType=ARS

"2. Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. If practicable the driver shall make the left turn from the left of the center of the intersection and shall make the turn to the left lane immediately available for the driver's direction of traffic."

So it's not worded that you have to make it as close to the left side of the roadway you're turning onto, just that you're in the left lane. Since the road is un-striped, if the OP's state is like mine, liability is 100% on the fault of the person turning right on red.

[shhaggy]

Quote from marg_fan : But is it a legal requirement? I do follow that guideline as a courtesy to other drivers but many (ok most) drivers here do not. I never assume they will even when I have the right of way.

It's a legal requirement that's not really enforced unless it's resulted in an accident. I've never seen someone get a ticket for turning into the wrong lane, but it's a barometer for assigning blame after an accident.

[BeeEss]

[QUOTE=


You should have sued them rather than file a claim with your insurance.[/QUOTE]
yeah now i wish i had done that. At the time about couple of years ago..I was travelling between a few cities and countries, and of course because of my ignorance...I didnt do that..
------------
Some good / bad things that happened as end result of my story:
my insurance company totalled the car, and sent me the check for its book worth less my deductible. The amount of check they sent me was still more than the money I had paid for the car (I had bought it from a friend's friend), so yeah, at that moment, it was a monetary gain for me, plus I could think of it as having used the car for free while I had it.

On the other hand, all that gain eventually will get wiped out with my insurance premium being increased...
----------------
OP: please dont make the same mistake I did, i could not find enough time to follow up.
But I am pretty sure that if you are persistent in your followup and stick to your guns, and since you are actually not at fault , you might win the scenario.

[Petey07]

Quote from buddy72192 : I don't have collision insurance yeah I got a report, it shows him as being negligent and me as having no improper driving. I showed that to Geico but they still wouldn't pay. Some clause that they have says that if I'm 1% or more at fault they won't pay.

I had an accident at the end of August, and the other party was Geico. I tell you one thing, it so hard to deal with them, My agent told me, they probab'y work based on commission to not get claims go through (just an assumption). the other party ran a right light, and ramp into my front bumper (good thing I was able to brake on time) but anyways, called the police, and got the police report a week later stating that She was at fault. I emailed the police report and Geico said that I have some sort of fault in this collision as well. How can it be my fault, when I have the right of way? He told me to call the police and get information because the police wouldn't want to answer his question. I told him with an attitude saying that It's your job to do this. I got all the information for you, and do your part. Thanks to my agent who was helping me from beginning to end and led me to the right direction.
Acouple weeks later, Geico called me with a not confident voice (like someone who lost the game) saying that they accepted liability.

If this case doesn't go through, you need to bring it to court. (sorry about my grammar haha trying to multi task here with work lol)

[PiratesSayARRR]

Quote from amythyst : I hate when people make turns like this... if there are two lanes, you turn left into the left lane, THEN merge to the right if you need to be in that lane. The person turning right on red does have to yield or stop, but can still proceed because you're expected to turn left into the left lane, not left into the right lane.

That is actually incorrect. Because the person has a red light and making a right hand turn they may not proceed until safe. The person with the green arrow can turn into either lane. Because that person has a stop they must fully stop before they proceed and must yield to any vehicles that have the right of way (e.g. those with a left turn green arrow).

see exert below from California DMV website: http://www.dmv.ca.gov/pubs/hdbk/turns.htm

Examples Of Right and Left Turns

The numbers on the cars refer to the numbered sentences on these pages. Always use your turn signals.

1. Left turn from a two-way street. Start the turn in the left lane closest to the middle of the street. Complete the turn in either lane of the cross street (shown by arrows), if safe. Use the center left turn lane if there is one. A left turn may be made from the other lane, if permitted by signs or arrows.



OP they may argue that the lane was not safely open however it sounds like to me that the guy rolled the light. What state are you in? Subrogate with your insurance...you pay them the premium and they should fight on your behalf. If not you can also sue the other party... small claims will probably handle it.

[tresanus]

a guy backed out of his parking spot into my moving vehicle.

Insurance said I was 1% at fault, in VA means we each pay for our own vehicles.

BS!

[PiratesSayARRR]

Quote from tresanus : a guy backed out of his parking spot into my moving vehicle. Insurance said I was 1% at fault, in VA means we each pay for our own vehicles. BS!

there is always court.

[tresanus]

Quote from PiratesSayARRR : there is always court.

well it was my gfs car (she was tired and asked me to drive) so nothing got attached to my insurance. I paid her deductible, even though it shouldnt be my fault and suggested she took further action. She doesnt seem to care so I dont care haha

But I do think we would have had a good case. They clearly didnt look when they backed up and hit the SIDE of my vehicle (not the FRONT!) as I was driving by.

It wound up going to arbitration since GEICO wasnt able to make a decision on full fault (whether i was 1% at fault or not). But they wound up losing my recorded statement, so they went into arbitration with only the other guys statement!!

He had GEICO too, so it was GEICO vs GEICO. And of course their decision was split fault, why not? Now they get to collect two deductibles!

Glad I dont have GEICO

[Homefrrie]

Quote from tresanus : well it was my gfs car (she was tired and asked me to drive) so nothing got attached to my insurance. I paid her deductible, even though it shouldnt be my fault and suggested she took further action. She doesnt seem to care so I dont care haha But I do think we would have had a good case. They clearly didnt look when they backed up and hit the SIDE of my vehicle (not the FRONT!) as I was driving by. It wound up going to arbitration since GEICO wasnt able to make a decision on full fault (whether i was 1% at fault or not). But they wound up losing my recorded statement, so they went into arbitration with only the other guys statement!! He had GEICO too, so it was GEICO vs GEICO. And of course their decision was split fault, why not? Now they get to collect two deductibles! Glad I dont have GEICO

Thats the money that Geico is going to be adding to your gf's premium next year

[moey]

talk to your insurance company they may be able to help. If the road has no lanes marked your not even 1% at fault, your 0% at fault. Even if it had lanes marked opposing traffic still has to stop and yield. Its like the argument when some one changes lane before the intersection and hits the person making a right on red because when they looked up you were not in the lane.

Geico is hoping you go away.