TheBryster opened this issue on May 29, 2007 · 57 posts
Quest posted Mon, 04 June 2007 at 9:50 PM
Don’t you just love A-holes like this? It’s always someone else’s fault that the little punk was out gallivanting and getting loaded before hurting two innocent people and destroying their property. He creamed you because he was half gassed himself behind the wheel…the little snot-nosed perp!
I don’t like it when things like this go to court because unless you have eyewitnesses or absolute proof you stand a chance of getting hosed. Here in most States we have what is known as no-fault insurance coverage which in essence was put in play by insurance companies to help them cut their costs. It implies that everyone has some proportion of blame in all auto accidents except in situations where it is impossible to implicate one of the drivers, such as when a vehicle is parked and unattended for instance. Under this statute you are therefore partially to blame and this ratio of culpability is taken into account by insurance companies when it comes time to devi-up the financial responsibility of the companies. In these situations each driver bares blame and his/her insurance premium are raised to compensate. I’m sure the legal details I give here are far from the exact application but it’s a close and rough paraphrasing of the statute.
Back in “89” I was involved in a traffic accident where the other party drove clear through a “Stop” sign onto the main thoroughfare where I was driving and I creamed him good. Back then seatbelts were not mandatory and not being belted sent me flying into the windshield breaking my nose. The fellow in the other vehicle came running when he saw I was bleeding like a stuck pig and was profusely apologetic even in front of the police when they arrived and professing that it was entirely his fault by going through the stop sign.
Well, I was sent to the hospital and two months later my insurance carrier called me at home to ask for another accident report. I asked them why and they said they needed it because the other fellow claimed that it was my fault that he didn’t see me coming because I was driving too fast and got himself a lawyer. At that point I called my lawyer and to make a long story short…6 years later I won the case against him and ended up suing my insurance carrier.
God…I hate long court cases. Good luck!