Got into my first major car accident

No, it's your interpretation of what I said. You're adding something on to what I said. That's not consistency. You're also ignoring part of what I said in my response.

 

And I sincerely hope that you get some anger management training. Switch to decaf and stop being so rigid. You'll give yourself heart disease if you don't learn to calm down.

 

Years ago, after I was one of the middle cars in a string of end to end hits, a NJ State Trooper told me that I could jam on my brakes in the middle of a highway, and the guy who hit me from behind was at fault because you have to leave enough space to stop.
Of course, I'd probably get shot from the guy who hits me.....

 

Unless it goes to court (and insurance companies don't like to go to court because it is expensive) the two insurance companies will probably get together and decide where to put the blame, for the purposes of deciding who pays (and possibly raising premiums). This process is not likely to take very long. You talk to your agent, she talks to hers, and the insurance companies talk to each other and negotiate.

If one of you is ticketed and convicted, that person's company is likely to admit its client was at fault and pay for the repairs, including the other person's deductible.

If you went to court you'd be suing one or another of the insurance companies and a lot of lawyers would make a lot of money.

 

you're right about the preference to stay out of court, but there is a difference from your insurance agent and an insurance adjuster. When you file a claim with your insurance, the case is assigned an adjuster, not an agent. Adjusters, take many roles, there are Bodily Injury Adjusters, Property Damage adjusters, Subrogation Adjusters, and so on. BI adjusters typically have some medical training to they can dissect medical reports, property damage adjusters specialize in assessing vehicle damage . . . There are also different adjusters if an attoney is involved. Typically, your insurance companies adjuster fights for YOU. They won't accept 100% liability unless the PR clearly states they're at fault. In these he said she said cases. Sometimes, what ins. companis will do is accept, 50% or 75% or 25% liability depending on how much they feel they're insured is at fault.
We work on a contingency fee basis, we'll take about 30% of our client's BI claims.

 

Did you miss the little detail that the first car which was waiting to make the left turn completed it, as the OP slowed down upon entering or approaching the intersection, and only then did the second car in line hit him? I would like to know what his speed was at the time that the light changed to amber and how far he was from the limit line at that time.

 

I'm too lazy to search this thread, but I am pretty sure the OP is clear that the accident happened after the light turned red.

As I posted above, a story about a ticket in Manhattan leads me to think that in NY, the test of whether entering an interesection on yellow is OK is based on being able to leave the intersection before the light turns red.

By the OP's own story, he fails that test. I suppose he could argue that the first car impeded his ability to clear the intersection, but I don't know how well that would fly.

 

Yes I was wrong. My brother-in-law stated that you can enter the intersection on a yellow light using due caution. If it is found that you entered on a yellow light, chances are everyone is getting a ticket that did. By the sounds of the speed involved (5 to 10 mph over the limit) caution was not taken by either party.

As I mentioned before, chalk this one up to the hurrier I go the behinder I get.

 

Any speed over the limit is unreasonable in a intersection. But then again I'm from Western NY and not Ohio, I see how they drive every summer. You are correct, making a left turn requires you to yield the right of way. But that doesn't mean the other guy shouldn't use common sense. Sure sounds like he was gunning the light.

Everyone needs to slow down! :huh:

 

If that ain't the truth :lol:

 

You cannot let an unverified "story" become the factual basis for an argument. There is no such "test" If you enter on yellow, regarless of how small of an amount you entered, you are good to go. You know, in traffic law, there is not much difference from state to state. Most "traffic regulations" come from a book on National Standards that traffic engineers use. (I've seen the book)

 

Your opinion and "legal" opinion may be different. That statement is definitely not true in Ohio. Sorry!

 

So...... you are telling me if I have an accident going 35 mph and the posted speed limit is 30 mph I won't receive a ticket for speeding or speed not reasonable and prudent? Gee I always thought a speed limit was just that, a limit. I know there is some leeway or just about everyone would be getting stopped. But if something happened I always thought you paid the price for your actions. I hope people don't read your post and think they can go balls to wall and get away with it.

In the end if I read you right, dn6603 did nothing wrong and the other party is 100% at fault?

 

I haven't read the speed laws in all 50 states, so I will just use Ohio as an example. The "posted" speed limit is the "prima Facie" speed limit, in other words, you can assume that is a safe speed. The speed law actually reads that no person shall travel at a speed so as to be unsafe and the "prima facie" speed shall be.....

So, speeding is based on conditions at the time. In our jurisdiction, if I gave a ticket out for 5 over...it would be dismissed unless I testified that conditions were such (snow, rain, fog, traffic, etc) that that speed was dangerous.

Yes, it is my opinion that going 10 or less over the speed limit into an intersection does NOT preclude the ability of the left turning driver to "misjudge" my speed. Therefore, the left turner is 100% at fault. That is also my professional opinion and I would issue no citation for speed.