Accident In An Intersection, Both Drivers Claimed A Green Light

andrewucAugust 18, 2007

Here is the story. When I was approaching an intersection, the traffic light changed to red. I stopped at the marked stop line. After the traffic light turned green, I proceeded into the intersection. When I passed the middle of the intersection, the other party¡¯s car rushed out from right side (west), and hit the front end of my car (right side). After both cars stopped, the other party drove her car backward a little. Then I moved my car slowly and pulled it over to the side of the street. I called 911, and the police officers asked both sides and my witnesses. No ticket was issued.

Here is the trafficcrash report:

Unit 1 vehicle was traveling eastbound, while unit 2 (my car) was traveling southbound. Unit 1 struck unit 2 a unit 2 was exiting the intersection. Unit 1 and Unit 2 stated they had the green light. No reported injuries.

Now both parties had witnesses (the other party's witnesses even did now what happenned, but she support the other party with unknown reasons).

Both party's insurance companies said to deny the claims. What should I do next? And in this situation, what will be the final results?

My friend told me that:

Traffic law probably states that one cannot entire an obstructedintersection even if one has a green light. Since you were struckexiting the intersection, the officer's account suggests you were in theintersection already and that the other driver was entering theintersection. This set of events is not consistence with you running ared light since the other driver would still have the burden of cautionupon getting a green light.

Does this supports me a little in the court?

Thanks for your review and comments or suggestions.

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I assume you have minimal insurance, liability only. This situation is what you get in exchange for the lower premium.

Your friend is full of bull. A person entering an intersection against a red light is at fault 100% of the time in an accident such as this. Your problem really seems to be a lack of credible witnesses. The cop couldn't tell what happened.

As to who hit who, it should be obvious from the damage. The front of one vehicle hit the side of another one. Hope you took pictures. That still doesn't really address who was in the intersection when they shouldn't have been anyway.

Your options are to fix your car on your own, or take the other party to court. If you do, they may counter your claim with one of their own. Better ask what happens if you take this to court, or are taken to court, and loose. Neither insurance company has a reason to do anything at this point.


    Bookmark   August 19, 2007 at 2:12AM
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At this point the best thing is to get a lawyer. That way you know where you stand and what your legal options are. Asking friends, co-workers and etc isn't going to get you a lot of help. And at best only half or less of the info they give you is correct.

PS****** I think the old saying is: Everyone is a Lawyer but only a few people are Brain Surgeons.

Good Luck

    Bookmark   August 19, 2007 at 11:26AM
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Ditto--you need a good lawyer who loves to fight this sort of thing. We turned everything over to ours, within 24 ours of DD being rear-ended by an idiot, and it was one of the best decisions we've ever made. We didn't have to deal with the other insurance company, didn't have to deal with medical bills (which she had plenty of ), got far more $$$ than we would have without his help--even considering his fee. And mind you, that was an accident that was undisputedly the other driver's fault and to which there were a half dozen witnesses supporting my daughter.

No way I'd EVER try to deal on my own with the aftermath of an accident where the fault is in dispute. A good lawyer will save you a lot of hassle.

    Bookmark   October 7, 2007 at 9:40PM
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And to make you not feel crazy: I've seen solid green lights in an intersection on opposing directions. (South and west bound traffic had green lights.) Very strange.

    Bookmark   October 13, 2007 at 1:54AM
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