I was in a car accident recently in NC. I have geico (liability). Someone pulled out in front of me, attempting to cross the highway, and I hit them. This caused me to lose control of my vehicle as it was pushed into oncoming traffic where my car hit the back bumper of another car. It was LIGHTLY raining, 2:30 in the afternoon, it wasn't dark outside, and the driver who pulled out in front of me told the police my lights were not on. I was ticketed for that (5$) and the driver who pulled out in front of me was ticketed for failing to yield. The driver who failed to yield came over to me and said "I'm sorry. I couldn't see you. My window was fogged up. That was completely my fault" I didn't get this on recording, but I did include these words in my police statement. His insurance (Integon) is giving me a hard time because my lights weren't on. It's been over a week since the indecent and I want to know what my chances are of being found liable. My car is totaled, so I'm hoping for a settlement in order to get another vehicle.
You were not charged for being at fault. If you are subpoenaed to go to court by the State, it is as a witness. You must go. The insurance is likely waiting to see if he fights the ticket.
There are several issues at play here, but it is likely in this case they will be handled by your insurance company (hopefully). This depends not only on how they determine liability, but on what type of coverage you have on your policy (comprehensive, collision, etc). "Chances" of you being found liable cannot be determined at this point. It sounds like you were not injured, so your only damages would be your property damage (which may be covered by your own insurance), and possibly your deductible. I would try to stay in touch with your insurance company and see if they inform you what decision they have made or plan on making, but dont talk to or give statements to the other insurance company. If you end up having substantial out of pocket costs, you can contact a personal injury attorney, who may still be willing to help with the property damage portion of your claim even though there are no injuries.
Responses are for general use only and have not been researched with any specificity. No lawyer-client relationship has been formed by this response. You should contact a lawyer and speak with him or her directly for any further inquiries you may have.
If the other person’s insurance company is denying liability or has not yet accepted liability in a timely manner, your options are as follows:
1. If you have your own collision coverage, you can use it, pay your deductible, and let your insurance company fight it out with the other person’s insurance company.
2. If you don’t want to use your insurance or don’t’ have any collision coverage, you can file a small claims lawsuit against the at-fault party or parties (the driver and the owner if they are different people).
3. Lastly, but actually most importantly, if you were injured in the accident, I would contact an experienced personal injury attorney in your area as soon as possible before talking to the insurance companies. You may have some coverage on your policy that will pay for medical bills or have Uninsured Motorist coverage as well. Your attorney will investigate all avenues of applicable coverage for you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
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