I met with an Accident on Sep 24. In a Four way Intersection, I had the Right of Way(Green Signal) I was crossing the intersection. At that time, the other Driver came from Left Side and hit Directly on the LEFT SIDE REAR DOOR of my Car. It caused serious Damage estimated as Total Damage by the Insurer.
Now the Insurer of the other Driver is DENYING to provide liability as the other Driver is also saying that he had 'Right of Way'(Green Signal) for him. But I don't have any Eye widness or Evidence that I had Green light and the other diver had RED Light.
One more thing is that, for Police Report, the other Driver mentioned as he was travelling in 5 mph. If he was at 5 mph in LEXUS, h could have easily stopped the car. But he made huge impact with my car at LEFT SIDE REAR DOOR and LEFT REAR WHEEL. Because of the huge hit, LEFT REAR WHEEL got Burst out and Left rear door was completely crashed. This itself shows clearly that the other Driver was not at the Speed of 5 mph.
Kindly advice me in this
I am so sorry you were involved in an accident. I sincerely believe you need to consult with an attorney in your area as quickly as possible and do not discuss this matter with the wrongful driver's insurance carrier until you have done so. There are so many nuances that need to be considered. You may well need an Accident Reconstructionist to provide the evidence needed to show that the other driver was at fault in this accident AND that you did not contribute to the accident in any way OR fail to avoid the accident once you realized the accident was imminent. You did not mention if you were injured or if this was a property damage case only. Please do not delay in seeking an experienced attorney in your area.
If your insurance won't cover the damages and then go after the at fault party, you must sue the at-fault party as the physical evidence establishes they were not going five MPH and since they hit you when you were more than half way past them that argues against them being careful when they were driving as well.
If liability is denied, the insurance company typically will not change it's position unless a lawsuit is filed. That's very difficult to do without an attorney. I would recommend at least speaking with an experienced North Carolina personal injury attorney. Most offer free consultations. Additionally, most who are able to help you will offer a "contingency fee" arrangement. This means instead of paying by the hour, you simply pay a portion of whatever amount is recovered from the insurance company. This is particularly important in a denied liability case where there is some risk involved.
T. Shawn Howard
Maginnis Law, PLLC
The information provided should not be considered legal advice and does not create an attorney client relationship. I am not licensed to practice in any State other than North Carolina. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.
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