Auto Accident: What's the Procedure to Follow?

[JamesD8]

What is the name of your state (only U.S. law)? Florida
My daughter was involved in a car accident last week. Made a left turn at a controlled intersection, (light went from green turning arrow to green). Oncoming vehicle moving from left to right as it approached so it could enter the parking lot on the other side of the intersection. T-boned daughter's vehicle in the rear door. No injuries to my daughter. The other driver and her passenger, (mother and daughter), initially said they were fine other than some "soreness" and refused EMT service. Of course, that evening they changed their tune and were claiming injuries.
My insurance company initially said my daughter was 25% at fault. Police report just came in and I was informed they now say she is 75% at fault. We dispute this, and with good reason. Not having been through this process previously, can I/should I make my argument to my insurer? Can I file a claim against their insurer? It's an older car and I did not have collision on it. Coming out of pocket around $1,600 for repairs. With no injuries to claim should I hire an attorney?
Thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
My daughter was involved in a car accident last week. Made a left turn at a controlled intersection, (light went from green turning arrow to green). Oncoming vehicle moving from left to right as it approached so it could enter the parking lot on the other side of the intersection. T-boned daughter's vehicle in the rear door. No injuries to my daughter. The other driver and her passenger, (mother and daughter), initially said they were fine other than some "soreness" and refused EMT service. Of course, that evening they changed their tune and were claiming injuries.
My insurance company initially said my daughter was 25% at fault. Police report just came in and I was informed they now say she is 75% at fault. We dispute this, and with good reason. Not having been through this process previously, can I/should I make my argument to my insurer? Can I file a claim against their insurer? It's an older car and I did not have collision on it. Coming out of pocket around $1,600 for repairs. With no injuries to claim should I hire an attorney?
Thank you.

A green arrow goes from green arrow to yellow arrow to green.

That is a hard one because its hard to know whether your daughter was truly clear to enter the intersection and make her turn when she started, or whether she was kind of squeaking by. Either way, if the other driver was stopped at the intersection then there is no way they should have started while your daughter was still moving...but if the were approaching the intersection just as the light turned green that might be different. If your insurance company is saying that your daughter was 75% at fault, then that is an indication that she honestly may be. Your insurance company is going to want to pay out the least possible to the other driver and passenger, therefore they are not going to admit 75% fault if they do not feel that they must.

 

[Zigner]

A green arrow goes from green arrow to yellow arrow to green.

Generally, yes - but not necessarily.

 

[JamesD8]

Thank you for the quick replies.
First, I will need to check the light at that intersection. I believe it goes from green arrow to green, but I'm not 100% sure at this time.
I guess my primary question is do I just let this play out between the insurance companies, then pay the jacked premium when my policy renews? Or do I try and get this claim to a 50/50 kind of thing?
The police report isn't friendly. Claims my daughter was distracted by electronic devices: GPS and CD player. But she wasn't. The car doesn't have a GPS and the CD player hasn't been used in probably a year. Cell phone records show she was not on the phone. The officer cited her for "failure to use due care". We'll be fighting that in traffic court in a month or two.
Also, there were no skid marks at the scene, telling me the other driver didn't apply the brakes aggressively. . .or am I overthinking this?
Regarding injury claims by the other party, immediately after the accident, both the driver and the passenger in vehicle 2 exited their vehicle and charged vehicle 1. My daughter, who never exited her vehicle, called me immediately to tell me she was in an accident and to tell me that the other party was yelling at her through the window. Accusing her of being a “car wrecker”, “You wrecked my car”, etc. In the back seat of the car were two children my daughter was baby sitting, ages 5 and 4. Neither received a scratch. After calling me she immediately called their parents. The father came over and asked the occupants of the other vehicle how they were. Both said they were fine and thanked him, then a few minutes later came over to the girls and offered them candy I assume to help placate them.

 

[Zigner]

How old is your daughter? If a minor, how long has she been licensed?

 

[JamesD8]

How old is your daughter? If a minor, how long has she been licensed?

18 years old, licensed for about a year.

 

[ShyCat]

The other driver and her passenger, (mother and daughter), initially said they were fine other than some "soreness" and refused EMT service. Of course, that evening they changed their tune and were claiming injuries.

Please note that this is not at all unusual with the soft tissue injuries common with vehicle collisions. Besides the adrenaline rush that can initially mask some pain, in most cases, injuries such as whiplash are not felt until hours later.

 

[ecmst12]

If there was no witness confirming that she had a green arrow, then she had the obligation to yield to vehicles travelling straight. So I think (unless an independent witness turns up) that her being 75% at fault will stand. FL is a pure comp neg state, so you would be able to recover 25% of your damages from the other driver.

Florida also being a no-fault state, they will have to go through their own PIP coverage for medical bills, and can only claim for injuries if there was serious and permanent damage resulting.

 

[JamesD8]

Wanted to update this thread. The police report was corrected and now states that my daughter was not distracted as stated in the original report. The officer admitted he hit the wrong button while completing the report. He also added my daughter's statement that vehicle 2 was changing lanes as it approached the intersection, moving from left to right so as to have access to the restaurant parking lot entrance that was on the other side of the intersection. My insurer says we are looking at being 75% faulty and, despite my protestations that this is a 50/50 deal, refuses to budge on her assessment.

 

[Zigner]

Wanted to update this thread. The police report was corrected and now states that my daughter was not distracted as stated in the original report. The officer admitted he hit the wrong button while completing the report. He also added my daughter's statement that vehicle 2 was changing lanes as it approached the intersection, moving from left to right so as to have access to the restaurant parking lot entrance that was on the other side of the intersection. My insurer says we are looking at being 75% faulty and, despite my protestations that this is a 50/50 deal, refuses to budge on her assessment.

You're getting a deal at 75% - your daughter failed to yield to oncoming traffic when making a left hand turn.

 

[HighwayMan]

T
The police report isn't friendly.

I've never seen a police report that was.

T
Claims my daughter was distracted by electronic devices...

That's why police reports are generally ignored by insurance companies when determining fault - the officer had no business putting that assumption in the accident report.

The car doesn't have a GPS...

But most smartphones DO.

... and the CD player hasn't been used in probably a year.

How is anyone supposed to know that? Of course, it doesn't mean anything either way.


I'm glad you feel better about getting the report amended but it's pretty meaningless anyway.

I will agree that your daughter got a gift with the 75%. It seems to be 100% her fault from here.