Lawyers on Avvo can't determine fault from a posting. If you were injured, retain a local personal injury lawyer to investigate. If not, let your insurance company resolve it.
It depends. It seems you that it's a he said she said type of accident. You have to get the sequencing of the lights. If you had at time of accident comprehensive and collision, you insurance company would take of your property damage.
Are you injured? If so, did you go to treatment?
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The police officer was incorrect because even assuming you both had a green traffic signal the vehicle turning must always yield to a vehicle going straight. Consult an attorney to investigate the incident and cal your insurance company and demand they refuse to accept liability based on those facts.
Best of luck.
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Fault determinations require a bit more analysis than we can do here on the computer. But, if you both had the green and the other driver crossed over into your lane, the rules of the road favor you. Police reports are not the final word. But, an insurance company's internal policies to delay, deny and defend are going to skew their view their way. Do not do this yourself. Here's why: [Blue Link Below]
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
Just because a ticket was not issued does not mean someone is not at fault.
First, because of the complexity of the new Personal Injury Protection laws, I would make sure you contact a personal injury attorney quickly to discuss your options.
Second, you don't need to worry about the lack of a ticket, since eventually if you need to you can go to court and let a jury decide.
At this juncture you're best served by speaking to an attorney immediately and then making a more informed decision as to what you may do. Feel free to call me or write if there are any other questions.
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These type of scenarios, with no independent witnesses, can make proving liability very tough. What the officer meant was not that no one was at fault, as clearly someone was at fault. It's just tough to cite someone. In any event, the lack of citation is not even admissible in a personal injury action. I caught a big break recently in a case that is identical to your, but there was a red light camera and I was able to get the video that proved the other motorist was not at fault.
You need to consult with a personal injury attorney. You said that there are no cameras (did you check businesses too?), but there may be other ways of proving liability. Just a couple off the top of my head would be: 1) Would like to see the mobile phone statement of other party, and does he/she text a lot while driving; 2) What type of meds is other motorist on, and can they affect focus, etc. There is much more that would need to be looked into before forming an opinion on fault.
DISCLAIMER: Attorney Scott McPherson practices personal injury law in New Port Richey, FL, as well as the entire Tampa Bay area. He has experience litigating in State & Federal Court, as well as Florida's 2d District Court of Appeals. Answers provided by Attorney McPherson are not to be deemed legal advice, as it would be impossible to analyze the merits of a case based on a single forum question. No attorney-client relationship is created or implied by Attorney McPherson's responses.
The outcome of this no one knows, and the only way to find out is to present your claim to the other driver's insurance company. The best thing to do is 1) get medical care if you are injured and 2) immediately consult with an attorney. Do not speak to the insurance companies.
Best of luck.
My opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude you from bringing the claim in the future. If you are unclear about my opinion or you want to discuss this matter further, please feel free to call me at 305-536-3400.
There are Florida Statutes that control this scenario, I just tried a case involving very similar facts. These cases are difficult and you need an attorney to investigate and hire the proper experts to convince a jury that you are not at fault. I hope you were not seriously injured, but if you were, I hope you have already gone for medical treatment. Remember, just because a police officer did not make a determination of fault does not mean no one was at fault.
If you were injured then you should consult a Florida Bar approved attorney specializing in personal injury. The attorney will want to determine whether there were any witnesses to this accident and, if so, he or she will want a statement from that witness. The attorney will also want to determine whether any surveillance cameras captured any footage of the vehicles prior to or during the accident.
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