Dealing with an auto insurance claim

[Smokeyyank]

Seeking some off topic advice.

 

Short version; my vehicle got hit by a semi and was given the ticket. Lawyered up and case was dismissed as there was no evidence I did anything wrong along with a police report that doesn't have any info in it. Seriously trooper just put in a few sentences basically saying I said I was traveling at 70-75 MPH and hit the back of the trailer. I've sent multiple letters to the insurance disputing the police report along with photos. Insurance is still denying my claim and is saying I either need to have the trooper update the accident report, which he won't or provide video evidence which I don't have. So now I'm at the crossroads of going to small claims to recoup money to fix my vehicle or just dropping it and moving on. I already fixed the car as it was all cosmetic but between lawyer fees and body work I'm at about $1,700. Luckily I wasn't injured and it could have been a lot worse. 

 

Long version; Back in October I was driving up the mountain for work. I was coming down Vail pass and I was in the left lane and had to pass a slower moving vehicle using the right lane as they weren't moving over. Legal to do in CO if the right lane is open. After I passed that vehicle I immediately got back in the left lane as a semi was in the right lane. There was probably 200ish ft between myself and the semi. After I merged back into the left lane the semi signaled to get over as there was a stopped emergency vehicle roughly 1000ft in front of him. I didn't have the line of sight to see the stopped emergency vehicle as it was around a bend along with being in the little POS car with the barricade. I was already overtaking the semi and just because of the speed difference 45 vs 65 and I would have had to slam on my brakes to have slowed down enough for him to safely merge. The semi still had ample time and space between where he was, the stopped emergency vehicle and allowing me to continue to pass at my current rate of travel.  I continued passing and the semi then proceed to merge into the left lane as I was passing him and side swiped my vehicle. After the collision we pulled over and since a trooper was already there called in a another trooper to do a report. We stopped in the same spot as the stopped emergency vehicle so again plenty of time to have allowed me to pass.  I ended up getting a ticket for careless driving as some how the trooper thinks I hit the back of the trailer even though I got hit between the front of the trailer and the rear of the cab.  When he asked how fast I was going I said I think 70-75 but traveling downhill at a 7% grade overtaking a vehicle I really didn't know. When I asked him why I was being cited he said because I passed a vehicle in the right lane and said I was going above the posted speed limit. I've tried to talk to the trooper after the fact to get the report corrected as it simply is not right. He has it listed I hit the back of the trailer even though it would have not been possible given the damage to my vehicle, all on the side nothing to the front, and the paint transfer color of the wheels. White paint transferred from the wheels on the cab to my fender, there are no white wheels on the trailer only the cab. I also pointed out to him that the puncture on my rear door had to have come from the landing gear on the trailer as the height of the bumper was too high. Puncture is at 15in and rear bumper has to be 22in from the ground per DOT regulations. Along with the bent mud flap that took out my side view mirror. Trooper said the mud flap isn't bent even though it clearly is. The insurance company is denying my claims saying I was traveling at a unsafe speed (nothing was ever proven that I was traveling above 65 let alone it was unsafe as road conditions were optimal), I made a lane change resulting hit the back of the trailer (contact was made at the rear of the cab not the trailer). Now I'm at the point to go to small claims court or just drop it. The semi was a UPS truck so I would go after them. If I go to small claims I'm going to request the maximum of $7,500 because of the BS time I've wasted along with realistically what it would have cost to fix everything through a shop and not DIY. Lawyer says to got to small claims as they aren't going to be able to prove that I was at fault given the police report info versus what I have. End of the day I was already traveling in the left lane overtaking the semi and he departed his lane resulting in the collision. I know people have to get over for stopped emergency vehicles but they have to safely do it.  Trucker didn't check his blind spot and hit me. 

 

So few questions. 

-Has anyone dealt with something similar? 

-Gone to small claims? 

-Do I drop it or try to recoup my cash? 

-Should I just request what it's cost me and not get greedy? 

-Anything else? 

 

Truly if I'm wrong or it's not going to be worth it I don't want to push it. 

 

Pics attached, the pic of the road shows where the collision happened. Red is where the stopped emergency vehicle was yellow is about where the collision happened. 

[rokinn]

I think you are likely to find yourself fighting an uphill battle.  Requesting the $7500 is equal to requesting punitive damages beyond the actual damages.  In CO (as I understand it) they can't actually be asked for until fault and damages are determined in court.  Damage awards are also apportioned according to percentage of liability.  The "fact" per the citing officer that you were ticketed for the accident and admitted to speeding and passing on the right prior to the accident will go against you.  The driver of the semi most likely checked his rear view mirror before changing lanes and it appeared to be clear.  Semi's don't do fast lane changes.  In all likelihood he didn't see you at all.  The fact that you attempted to pass after he had begun his lane change will be considered that you hit him from behind.  That the collision was on the side of both vehicles is a distinction without a difference.  Also keep in mind the the losing party is liable for the legal costs of the winning party.  I think you will have a very hard time proving your case and may well find yourself with additional expenses.  In my experience auto accident insurance adjusters and lawyers love to win at any cost.  It's all about the game, another notch if you will.  If it were me I would just eat it and forget about it, and be thankful it wasn't worse, which it very well could have been.

[Smokeyyank]

Thanks for the info. I agree it will be an uphill battle and one I'm not sure I want to deal with. It sucks because I thought it was innocent until proven guilt but in this case it's flipped. I do know the semi didn't see me at all. He was all pissed when he got out yelling at me I was doing 100, like dude this lil sh*t box does 80 downhill with a tailwind and yes I'm fine btw. I was in his blind spot next to him when he made the lane change and I know he didn't look. To be clear he had not begun to make a lane change until I had already begun passing. I was already passing him before he switched lanes. Yes he signaled but still has to yield to traffic, again there was plenty of space and time for him to have safely merged over and let me pass. If I had space to allow him to merge I would have but there was not enough space to have allowed him to safely merge. Also as I understand the police report is inadmissible in court as it is hearsay. Although I said I was going X MPH there is nothing proving I was in fact going that speed and cannot be used as evidence. 

[rokinn]

I guess I misunderstood.  In your description you said when you got into the left lane the truck signaled to move to the left lane as well and that in order to slow down in time you would have to slam on the brakes.  Also, your admission as to your confessed speed would not be considered as hearsay but as an admission of guilt whether or not your speed is provable or even accurate.   I can certainly empathize with and understand your point of view and would probably feel the same way as you do given the same circumstances as you see them.  But devil's advocate wise I don't think you will prevail even in small claims court.   Assuming the semi drivers point of view, for all intents and purposes I would imagine you weren't there when he decided to change lanes.  The fact that you were in the left lane, went to the right lane to pass and then to the left lane again at a speed faster than the surrounding traffic and in tight circumstances and a semi driver believing just a few moments ago that the lane was clear (I'm assuming here) and focusing on the emergency situation ahead also....well those are the elements that make accidents.  Getting beyond the 50% liability of to whom the accident is attributable to is the burden you need to establish and I have a hard time thinking a judge will see it your way.  I'm not trying to bust your balls here but just giving you my assessment and opinion that you were asking for.  Good luck!

[Pete M]

I guess it's kinda like hockey.  the ruling on the ice is that you were at fault, and now it's up to you to overturn it with clear evidence.  barring having that, I would also agree to let it go and chalk it up to life experience.     at least no one was injured.    it could have been much, much worse.   

[Dzimm]

Yeah unfortunately I don't think there is anything you could really do at this point.  Maybe you could have a lawsuit against the trooper for falsifying a report or something but I think that's reaching.  What about dash cam footage from the stopped trooper?  Some have rear facing cameras if the accident happened behind them it may still have been picked up on camera.

 

Your best option that doesn't cost you more would be to contact the truck driver and see if he'd be willing to help correct the report however as this is his lively hood, I wouldn't expect him to admit fault for fear of losing his job.  

 

More than likely your best bet unfortunately is to just eat the $1700 before it gets any higher from continuing to fight it.  And quite honestly, you may be better off keeping insurance out of it because if you make a claim your rate will go up, especially if it was deamed your fault.

[Smokeyyank]

14 hours ago, rokinn said:

I guess I misunderstood.  In your description you said when you got into the left lane the truck signaled to move to the left lane as well and that in order to slow down in time you would have to slam on the brakes.  Also, your admission as to your confessed speed would not be considered as hearsay but as an admission of guilt whether or not your speed is provable or even accurate.   I can certainly empathize with and understand your point of view and would probably feel the same way as you do given the same circumstances as you see them.  But devil's advocate wise I don't think you will prevail even in small claims court.   Assuming the semi drivers point of view, for all intents and purposes I would imagine you weren't there when he decided to change lanes.  The fact that you were in the left lane, went to the right lane to pass and then to the left lane again at a speed faster than the surrounding traffic and in tight circumstances and a semi driver believing just a few moments ago that the lane was clear (I'm assuming here) and focusing on the emergency situation ahead also....well those are the elements that make accidents.  Getting beyond the 50% liability of to whom the accident is attributable to is the burden you need to establish and I have a hard time thinking a judge will see it your way.  I'm not trying to bust your balls here but just giving you my assessment and opinion that you were asking for.  Good luck!

 

I appreciate the devils advocate on this. Truly. I'm asking because I need to see what holes are there and if it's really worth the battle to get my money back and also not stuck with mark on my record. I think part of what is throwing it off is the passing of the vehicle making it seem as I was weaving in and out of traffic. I wasn't, from the time I passed the slow moving vehicle to the truck there was plenty of space for him to have saw me. I was already established in the left lane before he made the signal and there was roughly 50ft, if that, between myself and the back of the trailer. Omitting passing the other vehicle part and just going off I was traveling in the left lane to pass the truck does that make a difference? Since I was already in the left lane I have the right of way and technically do not have to yield to a signaling vehicle unless the lane is merging down to one which it wasn't or they have already begun to merge and are ahead of me which they hadn't. There was not adequate space based on the time the truck singled to where I was in proximity to him for them to make a safe lane change. Correct me if I'm wrong but Its the responsibility of the driver changing lanes responsibility to make sure it is safe to merge. Even for the move over law, if they are not able to safely merge they must slow to 20 MPH below the posted speed limit. Since his brakes were smoking doubtful he could have slowed down.

 

As for the 50% liability, currently it's 100% on me. I'll gladly take 50% of the blame. I'm not saying I could have drove differently but I was not the one who departed my lane causing the accident, that's 100% on the truck. Insurance is stating 3 main things for the denial.

1-I was traveling at an unsafe speed, truly there is no way to prove it. Me saying I was going X MPH does not establish valid evidence.  

2-I made a lane change. Yes I did but well before the truck signaled to change their lane. I was already in the left lane and had the right of way. 

3-I struck the back of the trailer. Back of the trailer wasn't hit, contact was made at the back of the cab and front of the trailer.

 

To me and what was brought up to the DA is the truck driver was negligent and did not check their blind spot before making a lane change resulting in the collision. 

 

Again not arguing to prove a point and I appreciate the criticism. 

 

[Smokeyyank]

7 hours ago, Dzimm said:

Yeah unfortunately I don't think there is anything you could really do at this point.  Maybe you could have a lawsuit against the trooper for falsifying a report or something but I think that's reaching.  What about dash cam footage from the stopped trooper?  Some have rear facing cameras if the accident happened behind them it may still have been picked up on camera.

 

Your best option that doesn't cost you more would be to contact the truck driver and see if he'd be willing to help correct the report however as this is his lively hood, I wouldn't expect him to admit fault for fear of losing his job.  

 

More than likely your best bet unfortunately is to just eat the $1700 before it gets any higher from continuing to fight it.  And quite honestly, you may be better off keeping insurance out of it because if you make a claim your rate will go up, especially if it was deamed your fault.

 

The stopped trooper was so far out of sight they would not have got anything. Again the trucker really should not have tried to merge when he did. 

 

Trucker won't help, he was a fool. Insurance was already involved and the irony is it's my same insurance carrier dicking me over. I'd like to find new insurance but the rates are outrageous and that was before this even.   

[Pete M]

regardless of the outcome, I would get a dash cam so this doesn't happen again.  

[rokinn]

Just saying to the patrolman that you were going 70-75 mph makes it a confessional statement and can be used against you.  It will most certainly be considered as Contributory Negligence.  That's why when asked by a cop how fast you were going you should always say "I don't know."  Same with Lawyers and depositions.

 

Under CO law if you are found to be 50% liable you can not recover any damages from the other driver or his insurance company.  If it's determined that you were found to be 40% liable you can recover 60% of your losses in damages and so on.

 

Without witnesses, a confession by the other driver, or some other corroborating evidence it will be a stand off of opposing stories.  That you were cited at the scene will also adversely affect your case.

 

I'm not sure about a 50 50 determination but if you lose by anything otherwise, you will be liable for legal costs of the other party should they seek them.

 

Like I said, big uphill battle here.

 

[derf]

What it comes down to is one simple fact.

 

Knowing you're right isn't the same as being able to prove you're right.

 

A lot of people who were right have lost in the courts because proof is a lot harder than knowing.

 

 

 

 

 

[Smokeyyank]

58 minutes ago, rokinn said:

Just saying to the patrolman that you were going 70-75 mph makes it a confessional statement and can be used against you.

Yeah, should have known better than to be honest. Now I just have to ask what's your day job?  

 

 

1 hour ago, Pete M said:

regardless of the outcome, I would get a dash cam so this doesn't happen again.  

 

Yeah will have to get one especially after this. Such crap but day we live in I guess. 

[Pete M]

54 minutes ago, Smokeyyank said:

Yeah will have to get one especially after this. Such crap but day we live in I guess. 

 

oh no, this would have always been a tremendous tool for drivers.   but could you imagine a 1990s shoulder camera mounted to your dash.  

[Torq_Shep]

5 hours ago, Smokeyyank said:

Yeah, should have known better than to be honest. Now I just have to ask what's your day job?  

 

 

 

Yeah will have to get one especially after this. Such crap but day we live in I guess. 

 

My experience in small claims. If you open the case and the defendant even thinks you have a chance, there will be a settlement. If you go to small claims, ask for the highest amount you think you could argue for and you may settle for the lower amount. Mine was against the previous owner of my house burying 20 yards of crap in an old pool...

 

HOWEVER, from also being sued in an automotive incident... Where I was the "at fault" party. Basically same rules applied. I was personally sued and sent the suit up to my insurer and they settled out of court. For you being the "at fault" party without proof that it was not your fault you would need a lawyer to be a PITA to the insurance company and as there were no injuries reported you are going to pay the settlement amount to the lawyer for their services...

 

Lawsuits. Be enough of a pain in the rear to get a settlement. The time investment and headache over a few grand is probably not worth it. Also in this situation, always get a body man quote even if you don't have them do the work. That is what you would have been able to set your suit amount based on. In my case I sued for 10, settled for 4, and dug a massive hole in my yard and removed all the crap for like 2k and a long weekend.   

 

Not particularly helpful... Sorry. 

 

Also... Even working as an engineer... Documentation is everything. Otherwise you get sued if the client has money problems in any capacity... My answer to every client inquiry is always "If you want a definitive yes/no in writing, you need to pay $X for these tests and a results report. Otherwise the answer is "It may be a factor".