When should you accept partial fault for an auto accident

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  • Опубликовано: 2 янв 2025

Комментарии • 75

  • @starkhalessi0000
    @starkhalessi0000 Год назад +1

    Not an adjuster- the police- and based on point of impact. The fact there are no skid marks. There’s no statement at all from the driver of the other vehicle. (Motorcycle) they also are indicating I cut across (say I drove illegally) across traffic. But on maps, my gps which instructed me to do this, my mom and multiple other people from the area, what I did was legal. There is no signs, or lights. The paramedics commented about the number of bad incidents here the night of my accident. This overpass was reconstructed. The maps and gps may be using multiple maps based on updates in the software. My GPS had a recall. Because my lawyers computer brought up a map that showed the thru traffic here, but I can’t. He’s using a windows computer, I am using IOS. The discovery has an old map for reconstruction drawing. Which also indicates I was into the ramp. He never hit his brakes, I never saw him, he was following too close behind the car in front of him and in the center of the lane. He had 3 choices and using his brakes was not one of them at all. Which he needed 300 feet to stop. He hit me at the back of my car behind the passenger rear door at 50 mph. I was only doing 19 mph. My license was suspended. They are tryin to give me a year in jail!!! I lost my insurance when my license was suspended. I have a court appointed attorney, and a reconstructionist won’t talk to me only my lawyer. They won’t offer me a better deal and neither will the Judge. I’ve talked to 3 other attorneys who said this deal is not a deal that’s outrageous! At first the Judge seemed like he was agreeable to the same thing. He said at the end of the day here this was an accident. There’s no mal intent here. He sighed and smiled at me, then said but the law is the law. I’m like 🤦‍♀️ and asked for the prosecutors offer. 3 years probation with the first yr in county and 2 more monitored. No driving. It’s already been 2 yrs. What? They waited 260 days to even charge me! That’s a predjudice how can I even defend myself really? I have no evidence!

    • @kellismith4329
      @kellismith4329 6 месяцев назад

      Stop listening to your GPS, just because it says to change lanes or make a Uturn doesn’t mean you have to. You are responsible for driving the car, end of story

    • @starkhalessi0000
      @starkhalessi0000 6 месяцев назад

      @@kellismith4329 really? In an area I have never been in? It wasn’t changing lanes or something stupid like that either. You can make a LEFT HAND TURN AT THIS INTERSECTION SO GOING STRAIGHT IS THE SAME THING. because not everyone will turn into that first lane!! There is no signage in front of you, the DRIVER has NO IDEA what to do. All of these which I have said have STOOD IN COURT. And the paramedics agreed this intersection is the problem, based on the number of calls they take at it, not the drivers. Because it is common knowledge that previously it was allowed to go straight across, without a sign drivers continue to do it. Without my car/gps, I have no way to prove that the map was not outdated. I have not driven one day since this accident. I don’t know a person alive who would not have listened to the GPS in an area they were unfamiliar with

  • @DJMaddOne1114
    @DJMaddOne1114 4 года назад +3

    I was ahead in traffic and merged into a lane to the left of me from what I believed to be a clear lane. Signaled checked mirrors etc. Proceeded and got hit. Other driver merges into same lane from left to right and hit me in the rear by quarter panel. Insurance stating I'm a fault for merging and not seeing him. He wasnt in the lane!...hes claiming that he was already in the lane and I cut him off which is false.

    • @LawFull
      @LawFull  4 года назад

      Sorry to hear this. Fight it if you have to. Any witnesses? Sounds like the physical evidence might be on your side.

  • @yessiev1007
    @yessiev1007 4 года назад +3

    I was involved in an accident on August 11th. I was turning left on an intersection and there was a stop sign for me. The person who t boned me was going straight with no stop sign. Obviously, one could argue he had the right of way. However; I made a complete stop at the stop sign for about 5 seconds. Made sure there was no incoming traffic from anywhere, there was a big truck blocking my left side as well as blocking the view of the man who crashed into me. He did not see me until he was about to crash. Mind you, he was coming from a little traffic circle which enforced a 15 mph speed limit, a sign ahead of the accident stated 30 mph as the speed limit. This guy was definitely about 40 mph, felt like 50 mph. He did not slow down at all when he hit me and there were no marks on the floor suggesting he tried to slam on the brakes. My insurance is trying to fight for me because my car is most likely totaled now and it’s obvious that a hit like that shows a speed more than 40 mph. His insurance on the other hand is trying to blame everything on me even if I obeyed the stop sign and he was speeding. He said “there’s no way to prove he was speeding” there are traffic cameras stemming from the business intersection, pointing towards the accident. I do not want to accept the full blame, because I feel it would be an injustice to me since I am in lots of pain and my car is totaled. (The claim is still under work) Is the other driver at partial fault? Thank you.

    • @LawFull
      @LawFull  4 года назад +1

      Generally speaking, if you were making the left turn you are going to be at fault. Not to say that's 100% always the case but almost always. You can try to use that he was speeding to reduce the amount of your liability/responsibility. But that would be it I think. I'm sorry to say.

    • @Darklighstarlight
      @Darklighstarlight 4 года назад +1

      Fight it if you can get video from one of those cameras a lady hit me similar situation lucky i got a eye witness and video

    • @LawFull
      @LawFull  4 года назад

      Yes Ive had cases where video totally turned the case around for us

    • @CurlyCurly52
      @CurlyCurly52 3 года назад

      Any updates? I’m in a similar situation.

    • @zombies505kelley8
      @zombies505kelley8 6 месяцев назад

      I was involved in a accident where I was told I shot out in front of traffic. I did not see the person who hit me so I proceeded through the intersection. Out of no where she hit me on the right side of my vehicle pushing me very hard from where I was going Southbound through the intersection and ended up next to the stop sign for northbound traffic. The other driver claimed she was going 35 but from how far I pushed and the damages to both our vehicles I find it hard to believe that she was traveling 35. My right front tire is pointing inward from the top meaning something that is made with very hard metal broke during the crash. I was told I could dispute the police report. My Uncle was telling me that we should take the vehicle apart to find out exactly what parts were broken. He told me it looks like a ball joint or strut tower was broken. My Uncle suggested to submit the pictures to the Highway Patrol (I am in California). there was a video that was captured by another driver and after watching it several times and watching how far and hard I was pushed that it made her vehicle which was going eastbound was facing southbound after the crash. I am not looking to reverse the entire liability but from what I see in the video and the damages to my car I am almost 100 percent sure she was not traveling the 35mph. Would my Uncle's advice be correct?

  • @benswaggerty331
    @benswaggerty331 4 года назад +1

    In the first scenario, your other option would be to just go through your own insurance company and pay your deductible, assuming you have collision. Chances are your deductible will be less than the percentage the other person’s insurance found you liable for, and your own insurance will recover that portion of your deductible back anyway

    • @LawFull
      @LawFull  4 года назад

      Could be. Though most of the cases that I had were 100% liability....

  • @gokuson6635
    @gokuson6635 Год назад +1

    Insurance companies I tell you.😤

  • @julieperkins5208
    @julieperkins5208 Год назад

    Hi I live in California and this past year I was deemed at fault for an accident where I wasn't doing anything illegal, I was crossing over 2 lanes of traffic, the other driver was absolutely speeding. From my research I learned that one forfeits their "right of way" if speeding. There is no police report as it was a minor fender bender with no injuries to either party. I have tried to work with several agents and underwriters with my company to no avail. What can I do to defend myself and get their decision overturned?

    • @LawFull
      @LawFull  Год назад

      Hi Julie - so your own ins co is finding you at fault? I don't know about CA, but here in IL I would say that if your ins co is doing something you don't agree with, appeal their decision. Have you talked to your adjuster to find out if that's an option. Don't wait though as there may be time limits you need to meet. Also, I would strongly recommend talking to a CA attorney. They can help you much better than me.

  • @jamesross4350
    @jamesross4350 3 года назад

    I'm having problems getting the ball rolling with these insurance companies.
    My lack of knowledge in this area has put me at a disadvantage so I'm hitting the books and grabbing information where I can.
    So far you have been very helpful with filling in some gaps.

  • @mr.chocolateflavor4123
    @mr.chocolateflavor4123 4 года назад

    I was driving straight. Pick-up truck tried to make a left turn into alleyway from the opposite direction. Collision happened. Police report clearly say the pick-up driver was at fault for failure to yield to oncoming traffic. Hours later, the opposition insurance called me and tried to trick me into giving info that would reduce my compensation. I sent them the police report as a reminder and now they are not cooperating (responding).

    • @LawFull
      @LawFull  4 года назад

      If you suffered injuries you should contact a local p.i. attorney. If not, you may have to file a lawsuit. If the damage was small you can file on your own in small claims court.

  • @MinutemanX1
    @MinutemanX1 3 месяца назад

    I backed out of my parking spot at a supermarket parking lot and as I had just changed gears from reverse to drive right before I was about to drive away, the car parked behind me starts to back out of his parking spot towards me without looking. I sound my horn in an attempt to warm him to stop with no avail and he rear ends my stationary car. I have a dash cam footage that can prove I was the one to have backed out first, but my insurance company, which also happens to represent the other driver, claims that we're 50/50 at fault since I was not driving forward, but that's ok because I will not have to pay any deductible, nor my policy will go up. Should I believe them and not fight it? This happened in Massachusetts.

    • @LawFull
      @LawFull  3 месяца назад

      Hi sorry for the delay responding. What's happened since you posted this? Sounds like b.s. to me. But parking lot accidents are tough ones to prevail on. But, you have dash cam footage that proves the other party was at fault?? Why isn't the ins co recognizing that?

    • @MinutemanX1
      @MinutemanX1 3 месяца назад

      @@LawFull idk, that’s why I’m asking, I asked my ins agent and she said I should take the 50/50. Do you think I should fight it? Someone I’ve talked to said I should ask to go to arbitration

    • @LawFull
      @LawFull  3 месяца назад

      @@MinutemanX1 Morning - sorry again for the delay. Really not monitoring this as much as I used to. What happened this week since you posted this? I can only say what I'd do personally - if I had dash cam evidence that proved I was not at fault, I would fight it. But that's just me. It may or may not be worth it to you to fight it.

  • @jianruli3750
    @jianruli3750 3 года назад

    thank you for the info and the links in the description

  • @skylercroy7365
    @skylercroy7365 2 года назад

    I was involved in an accident on Christmas,I was heading north on a 50 mph two lane traveling 30-35 mph and the driver behind me was gaining on me till the point I was highly uncomfortable with him tailgating me because of the snow on the road,I was planning to turn right onto a road and let him pass when I suddenly felt my vehicle start to slide left into the oncoming lane(nobody traveling in that lane for at least two miles) and I slide to a stop sideways when he t boned the rear driver side of my vehicle,he hit me because he was traveling too close to me and going faster than me because he was gaining closer and closer to me…his insurance says I’m 50 percent at fault and he is 50 percent at fault…how can this be fair?
    Washington state

    • @LawFull
      @LawFull  2 года назад

      Hi, if you don't agree you can always file a lawsuit. Look into small claims court and what the limits are in your county. Also, if it were me, I'd use my own insurance to get the property damage fixed and then let your insurance decide if its worth going after the other side for reimbursement.

    • @skylercroy7365
      @skylercroy7365 2 года назад

      @@LawFull I found a Lawer so that’s good but I found out while looking at my paperwork that my policy had lapsed 4 days prior

    • @LawFull
      @LawFull  2 года назад

      @@skylercroy7365 Hi, glad you got a lawyer. Sorry to hear about your own policy. That's unfortunate.... Best of luck to you.

  • @jacquelinehernandezfuentes7571
    @jacquelinehernandezfuentes7571 3 года назад

    I had a car accident this morning I was driving on the right line and the other car was coming from a bridge really fast when he came he hit me on the side door of the driver side .. he is claiming that he was not driving fast at all I don’t know what to do.

    • @LawFull
      @LawFull  3 года назад

      Hi, did you file a police report and tell them your side of the story? Also, file a claim now with his and your insurance.

  • @queenofeastafricaayanna5591
    @queenofeastafricaayanna5591 4 года назад +1

    I have car accident , which it was my fault but my ensure doesn’t cover me because I didn’t make the payment . So what should I do?

    • @LawFull
      @LawFull  4 года назад

      I wouldn't just take your insurance company's word for it. Make them prove that you're not covered in some formal writing. But, if you were not covered, you are then on the hook personally for the damage you caused.

  • @Gmailcs
    @Gmailcs 4 года назад

    I had an accident. The other driver was using the center left lane too early. She swerved to the right to avoid a head on collision and hit me. She got a ticket for improper lane change and was at fault on police report. State farm said i was 50% at fault for not swerving to avoid their driver. I applied the horn and my brakes. They said a reasonable driver would have swerved. So I gotta take it to small claims court.

    • @LawFull
      @LawFull  4 года назад

      Typical insurance company b.s......

    • @Gmailcs
      @Gmailcs 4 года назад

      @@LawFull just as you said people won't sue for small amounts. So thousands walk away. Big profit for them.

    • @LawFull
      @LawFull  4 года назад

      @@Gmailcs Yes. If they save $500 or $1k per claim times 10k claims it adds up.

  • @mugens
    @mugens 3 года назад

    Both making left turns, roads are offset/not directly infront of each other. Driver get into right side of lane to turn right, signals to turn right, he changes his mind he wants to turn left, he signals left. I slowly move into intersection first, I see him enter intersection blocking my turn lane, I stop and wait for lane to clear, I’m near center of intersection, he’s behind to pass on my left the instead of passing he hits my left front fender and door. He claims I drove out in front of him causing accident. Insurance won’t cover my cost. His insurance won’t cover my cost claiming I didn’t yield. I was at a complete stop. Their lying what should I do? Shoulder starting to hurt as well. My insurance will not cover his cost.

    • @LawFull
      @LawFull  3 года назад

      Hi, I'm confused by the fact pattern. But bottom line is 1. get your own insurance to cover your property damage, or 2. file a lawsuit against the defendant.

    • @mugens
      @mugens 3 года назад

      @@LawFull thank you. I had liability insurance so my insurance won’t cover my damages but they believe my story and they aren’t covering the damages on other vehicle either. So my rate stays the same. So I must sue to get damages who do I sue? Guy who hit me or his insurance?

    • @LawFull
      @LawFull  3 года назад

      Hi, you go after the individual not the insurance company

    • @mugens
      @mugens 3 года назад

      @@LawFull thank you for the advice.

    • @LawFull
      @LawFull  3 года назад

      @@mugens Best of luckk to you.

  • @daniellaescobar6685
    @daniellaescobar6685 4 года назад

    I was backing out of my parking space and a car hit me while obviously speeding. I was already out enough to where I had started turning my steering wheel to continue onto the same street he was coming from. He hit me hard enough on the rear right end of the car that the car slid to the left and hit another parked car which dented my driver side door in. We made a claim as soon as it happened to my mother in laws insurance as the car accident happened in her car and I was the driver. Soon after my wife took me to the hospital for my head injury. When I was out of the hospital I got a call from the police department asking for my statement because the other guy decided to file a report. He had told me earlier he didn’t want to file but I could if I wanted to. I figured his company made him since he was driving a company car.

    • @daniellaescobar6685
      @daniellaescobar6685 4 года назад

      What can I do? Typically he has the right of way but I think he was going over speed limit which is 5mph. And also neighbors came out who heard the crash and one of them told me she always catches him driving really fast down the parking lot hill. Also, the other car who was involved, the owner gave my insurance a statement in which she said she doesn’t think I’d be responsible for it because she always sees me get home and leave for work and pull in next to her car and she thinks I’m a great, safe driver.

    • @LawFull
      @LawFull  4 года назад

      @@daniellaescobar6685 Hi, well, tough one - normally if you're backing out you're going to be at fault. If the other guy was speeding he/she may have some responsibility too. But generally speaking, it's going to be on you. Work with your insurance company - that's why you got the insurance in the first place. Sorry you're dealing with this.

    • @carlosmedrano786
      @carlosmedrano786 4 года назад

      Im haveing the same problem but the lady was backing out when we had a collision , when it was right away by a school zone & total my vehicle & her insurance is saying that im at 75% at fault & she 25% at fault & my insurance is saying shes 100% fault so its getting sent the arbitary , what do you think ?

    • @LawFull
      @LawFull  4 года назад

      You dont have to accept the percentages... sounds like typical insurance b.s.

    • @carlosmedrano786
      @carlosmedrano786 4 года назад

      @@LawFull what do you think is she at fault?

  • @elpelu123
    @elpelu123 5 лет назад

    Whats the Comparative Negligence in the state of Texas?

    • @LawFull
      @LawFull  5 лет назад

      Hi, don't know off the top of my head but heres an article from Findlaw on it statelaws.findlaw.com/texas-law/texas-negligence-laws.html

  • @ariamzere
    @ariamzere 3 года назад

    I was in a parking lot accident, I was completely out of my parking spot switching gears to move forward into drive on the feeder lane. The vehicle parked next to me attempted to back out and hit my passenger rear side. She stated she didn’t look before backing out. The insurance adjuster stated it would be 50/50 however the lady who hit me drove straight back into me and barley made it out of her parking spot. How could this be considered 50/50 i don’t see what I could have done to avoid it? if I was all the way out of my parking spot switching gears to move forward?

    • @LawFull
      @LawFull  3 года назад +1

      Hi, well, generally speaking if this is the adjuster for the other driver, you have 2 options 1. go through your own insurance and let them go after the other guy for reimbursement (or) 2. file a lawsuit. This video might help you a bit: ruclips.net/video/ewX3ce5OzPY/видео.html

    • @kellismith4329
      @kellismith4329 6 месяцев назад

      Try backing in when you park, it is much safer to leave the parking spot when you leave

  • @markgrays56
    @markgrays56 3 года назад

    I was at a 4 way stop sign intersection. I stopped completely at the stop sign for about 4 seconds and made a left turn. The driver on my left side went straight through the stop sign and hit me on my rear driver side wheel and bumper. There was an officer there to see the entire thing but when the insurance contacted him he said he didn't really see it. I know he did though because I asked him at the accident scene did you see that driver go through the stop sign and hit me? He said yeah he probably was looking at your truck or something but it's no big deal we will get you out of here in a second son. Now the insurance ,farm bureau of Mississippi, is trying to say I'm 50% responsible 50/50 basically. I have a class A license and have been driving for years with no incidents like this. What should I do?

    • @LawFull
      @LawFull  3 года назад

      Hey Mark, if you really don't believe you're at fault, you could file suit. If its small enough you could file in small claims court on your own. If no injuries, a p.i. attorney wouldn't get involved. So again if you don't want to accept fault, file suit. Or just use your own insurance to pay for the damage to your vehicle and let them go after the other guy's insurance.....

    • @markgrays56
      @markgrays56 3 года назад

      Ok thank you

    • @markgrays56
      @markgrays56 3 года назад

      Do I sue the driver and the insurance?

    • @LawFull
      @LawFull  3 года назад +1

      @@markgrays56 Not normally. You'd sue the driver only.

  • @anonymous19998
    @anonymous19998 3 года назад

    My husband got hit in our apartment complex. He look both ways before proceeding out in a car came speeding through and hit his vehicle now State Farm is saying that he is at fault period what to do?

    • @LawFull
      @LawFull  3 года назад

      Hi, is State Farm the other guy's insurance? If so they are denying your claim and you can either use your own insurance to get the damage fixed or sue the guy directly. Unfortunately there's not too many other choices really.

    • @anonymous19998
      @anonymous19998 3 года назад

      @@LawFull yes statefarm is there Insurance also. My husband was pulling out of our carport he looks left and right there were no vehicles traveling through the parking lot put his foot on the pedal to proceed out and he hit him out of nowhere speeding through the complex parking lot

    • @LawFull
      @LawFull  3 года назад

      @@anonymous19998 Hi Lisa, well, if the defendant's insurance is denying fault, you only have 2 options. 1. Use your own insurance 2. File a lawsuit against the defendant directly. Not much else you can do.....

    • @anonymous19998
      @anonymous19998 3 года назад

      @@LawFull Okay thank you for all the help!!

    • @LawFull
      @LawFull  3 года назад

      @@anonymous19998 Best of luck to you guys