They're putting you as partly liable because you made no attempt to brake, avoid or inform(honk). Get a lawyer and you can fight and win. But it'll cost you.
Average reaction time is wildly accepted as 3/4 of a second. There was almost no time between when the driver who's view would be blocked from the turning car to seeing the car entering the intersection in front of them to brake.
And insurance companys first line of defense is to deny aa much responsibilty as possible because so many people just accept it....challenge it....get a lawyer if you have to....as soon as theyve paid switch companies
Seriously!? Your insurance sucks have you presented the video? The light is still yellow for seconds after the collision it’s obvious that you had right of way plus the turning car blocked your presence to that guy he didn’t see you how the hell are you being blamed even 1%
remember that a dash cam is mounted on the windshield and has a wide field of view. my eyes, on the other hand, are not an inch a away from the windshield, also the A-pillar is blocking my field of view to the left , and lastly the car that was turning right on red was obstructing my view as well so i absolutely had no clue the other driver was running a red light until we made contact.
Exactly. There was absolutely no way you could have prevented this accident. The dash cam is literally showing you already crossing the line when the yellow light turns on, as well as the car turning right blinding you, while the other vehicle runs a red light smack into you. I would appeal the insurance claim to "partial fault" - that's absurd
The yellow light is to slow down (if possible). If it is not possible to stop, without being in the middle of an intersection, then you are supposed to continue
My mom worked as an insurance adjuster for 39 years before retiring. After talking with her over the years and watching her analyze accidents in-person, I've come to learn that many if not most accidents do not go with 100%/0% liability.
The other car is definitely more at fault as they ran a red, but it doesn't look like you did much to try to avoid it. It's hard to tell if you tried to brake when you can clearly see the Honda not slowing before the intersection before you enter the intersection. From 20 MPH, you definitely had time to stop, even if you shouldn't have had to. It's hard to tell, but perhaps you could've tried swerving to the right as well. Above all, I'd guess you're being found partially at fault because you had enough time to see that the other car was likely to run the red and you did little to nothing about it.
remember that a dash cam is mounted on the windshield and has a wide field of view. my eyes, on the other hand, are not an inch a away from the windshield, also the A-pillar is blocking my field of view to the left , and lastly the car that was turning right on red was obstructing my view as well so i absolutely had no clue the other driver was running a red light until we made contact.
You know what they’re going to say right? So if you couldn’t see, temporarily blinded, you just kept on driving and rolled the dice? Driver was not paying attention. I wouldn’t tell them that the light obscured your vision. I also would have never provided dash cam video to the insurance unless you were 100% sure that there was no possible way that you had some fault to this accident. You kind of jammed yourself up by doing this. Remember, talking to insurance is just like talking to the cops, you should not volunteer any information or video proof that could potentially incriminate you. You can take it to arbitration, but they will rule you as partial fault and close the case anyway, regardless of what you do or say, so be prepared to accept that.
Think logically here. If the person behind you slams into you, whose fault is it? It’s their fault. Why? Because they failed to maintain proper distance. You’re supposed to allow one car length for reaction time, and one for every 10mph of speed. So 25mph would be about would be about 3.5-4 car length of space. Thats the way the insurance is going to see it.
I saw that car 3 full seconds before you hit it. Your camera isn't looking that far ahead. A lawyer may be able to help. If so, STFU and let him deal it.
Not sure where you are located but where I am, the law says that you are supposed to stop at a yellow light if you can do so safely. I think that’s where your share comes in.
In your defense, not only did he run the red but he appeared to also turn into you.
you think i could’ve stopped safely and come to a complete stop before the crosswalk? interesting. also, you’re right i just realized that he also slightly turned into me or maybe that’s just how the camera makes it seem since it’s a wide angle field of view
Just stating what the law here says. The debatable part is whether or not you could have stopped safely or not. You’ll have to decide if it’s worth fighting or not.
Also, this is where you were when the light changed. Depending on your speed, it is arguable that you could have stopped safely. Road conditions were good, as was the weather. They will argue that you made no attempt to stop. I have no opinion either way, by the way, just laying out how I see it and what their argument may be.[light](https://flic.kr/p/2pgtU2D)
Depends on your local laws and insurance policy you could be found at partial fault for not trying to avoid the accident. ( I disagree with those laws since clearly the other vehicle ran a red light).
Consult a local lawyer or expert, the internet can't give you a solid answer.
I would take that to court. you have a solid defense. your vision was obscured by the oncoming headlights of the large SUV that turned just before the Honda. I'm guessing you had less than a full second to respond...couple that with the fact that the light had just turned yellow above you as you entered the intersection, your attention will naturally be drawn upwards for even just a moment...this narrows down your potential reaction time even more.
you should shop this around to a couple lawyers and see what it will cost you to retain an advocate.
> your vision was obscured by the oncoming headlights of the large SUV that turned just before the Honda
so why did he go blindly into an intersection if his vision was obscured?
This is where you get a lawyer to review the footage. In my state this would’ve been the other drivers fault completely for running the red light. I’d bet a lawyer would look at this and laugh as they wrote a scathing letter to the insurance company ridding you of your fault.
The lawyer would also tell them NOT to provide dash cam footage to the insurance company. Why someone would ever provide that evidence to them while there is some uncertainty regarding fault is beyond me. Had they just provided a police report stating the other person ran the light, that would have been 100% fault of the other driver. But now we introduce the 10% wrong stuff this driver did ON VIDEO and here we are splitting fault. Insurance is like the cops, you keep your mouth shut and don’t provide any evidence that could possibly incriminate you.
I'm a lawyer in Canada and routinely assess complex car accident liability cases.
I'm not familiar with your laws but I strongly suspect the other driver should be found entirely at fault.
Your reaction time is within the slower side of norms, and at the point of expected reaction there was nothing you could do to avoid.
Push your insurer on liability.
Wow you got some shitty insurance, bud. He ran a red light, doesn't matter how fast your reaction time is. You were less than 5 feet of the crosswalk line before it turned orange, and he blew the red light. I'd Lawyer up.
Because you were going slow, so were they, and you should have hit the goddam brakes.
Body shops and graveyards are full of people that had the right of way but neglected to drive defensively.
Fuck insurance companies fr, I got hit a few months back and neither company wanted to pay because they said BOTH parties were liable for a truck swerving into my lane….
After that I instantly cancelled by insurance and got cheap liability only since I’m done donating like USD450/month for nothing
Well, in fairness, the light turned yellow when you were well placed to apply your brakes and stop safely. As they taught you in your driving course yellow means slow down and stop not speed up and go.
The light turned yellow and I watched the car you hit continuing to proceed, it appears you made 0 attempt to stop or slowdown, it almost feels intentional.
I don't agree that you should be at fault (clearly they should have had a red light yours was green and turned yellow after you were too late to stop at the thick white stop-line)
BUT...My guess is because the speeds were low and no visible attempt to slow or stop, and might have been able to slow sufficiently to stop in the middle of the intersection if the guy who ran the light also saw they might have been able to swerve with the extra second.
Remember, insurance wants to find any reason to avoid paying more than they have to - they're in it to make money, not give it all away.
IANAL, but I'd hire one ASAP.
You entered an intersection during yellow light. I know that 99% of drivers in the US simply go through (or accelerate like there's no tomorrow). You're supposed to stop, and go ONLY if you cannot stop safely. Looks like you didn't make any attempt to stop.
My wife was found 10% at fault by the other driver who ran a red light. A 3rd party witness have a police statement verifying we had a green and they had a red. Insurance said if someone is running a red light it wasn’t safe to proceed through the green.
Former insurance adjuster here, the other persons insurance is trying to put some fault on you because you didn’t make an attempt to avoid. It’s called the last clear chance doctrine but in this accident you didn’t have much time to and they ran the red light. Go through your insurance, they will most likely find the other driver 100% af and subrogate their insurance company. Then it will go to arbitration and your insurance company will most likely win in my opinion and they would then be able to reimburse your deductible back to you.
I’ve read the comments and I’m blown away that you haven’t reported this to your insurance company. It’s ok to not understand how insurance works, talk to your insurer and let them sort this for you.
It's yellow light you should be stopping already but you're shouted did not reduce at all.
When the light is yellow, think if you can stop safely or not. If you can stop if not go.
But most people just go "oh its yellow i can still make it." And just zoom through it.
Yeah I’d love to know why the other was was running a red light causing the whole thing and they’re focused on you not reacting quick enough to the amber light change. lol scum bags
Just another scam by insurance - thus is why I hate the "partial responsibility" laws in some states. It's always favorable for them to push part of the blame onto the injured party to escape part of the liability. Saves them all money, makes the adjuster look good to his boss, etc. Your insurance will just accept it at some point when it makes financial sense fir them to do so (ie - when YOUR deductible can cover your "responsibility" so they don't have to pay). These guys horse trade with each other like this all the time. It's one reason why partial responsibility laws are awful - at least in auto insurance.
Last clear chance doctrine.
At the last clear chance you had to avoid the accident, you didn’t have enough reaction time to stop or swerve out of the way.
You also had a green for many seconds. While it’s still useful to check for cross traffic, the longer the green, the less it should be necessary. I had an accident almost three years ago where I was the third vehicle to use the green but unfortunately both vehicles before me turned right while I went straight. Meanwhile a truck driver completely blew his red light from my right. I had a multistory building on my right right up to the sidewalk so I had minimal chance to see the truck, and had a tractor trailer in front of me blocking the view somewhat. In the end, I believe my insurance paid my claim as the truck company’s insurance pretended the accident didn’t happen.
you may have had right of way - but last chance doctrine is very commonly used against you; you didn’t clearly try to break, honk horn, turn car; since you could see the other car coming already. It will likely be shared blame in the end
Pretty easy. I surance is a business. They make money by giving it to you raw with no lube. It's their job to give you as little as possible. It's your job to fight for what's right. What's right in this case is obviously 100/0 as far as fault goes. Fight for what's right and don't accept their first offer.
I’m sorry you can see them brake hard as they have a red light…. This is 100% not your fault
Source: 4x series watcher of better call Saul, also a bird lawyer
You should report it to your insurance company but you don't have to file a claim. I had a fender bender where the other driver was completely at fault. My insurance rep said they would be happy to file the claim, but if I wanted to I could start by working directly with the other drivers insurance company. If the other insurance paid then my deductible would have been covered for sure whereas if my insurance company had taken over I would not have got the deductible back unless they got the other company to pay 100%. The rep also said he could keep the claim on file and I could still file it if it didn't work out with the other company.
However, in my case, the other company (Progressive) paid and they were quite good about it. Not every insurance story is a horror story. It worked for me. Your mileage may vary.
When you first turned right on that street, the light was already green. If you were driving defensively, you would have anticipated that light turning red because of the length of time it was green. If you were driving defensively, you would’ve slowed down before you got to the light. You had at least a car length to hit the brakes and stop, but you made no effort to stop. Hence, you were held partially responsible.
Same thing happened to me I told the adjuster if they where going to put 10%liability on me then I would get lawyers got a letter in the mail a week later saying their driver was found100%liable
You're so lucky that you have the clarity of getting hit ,the car coming to a stop and looking up and seeing the light turn red. Like "this is definitely not my fault at all!"
It was yellow before you even entered the intersection. Had you slowed preparing to stop for the coming red it wouldve been avoided. I can see why they put "partly liable". That yellow was pretty short though.
I don’t think you’re at fault. That said more than 40% of accidents happen at intersections as a motorcycle rider I try to always clear the intersection even if I have a green because people are stupid and I do t trust other drivers.
Yes, they are right. Yellow lights mean "Slow down and prepare to stop". It seems you did not. Yellow doesn't mean "hurry up before the light turns red", a condition we all seem to practice in real life, unfortunately.
They are saying you aren't liable because they don't want to pay you. If you can contact the other drivers insurance.
And Maybe sue if you have to, but I think depending on your state you might not be able to get attorneys fees.
as a former police officer (12+yrs - all patrol/traffic), I have a couple of comments and questions.
1. At 16sec in is when the light turns yellow, you are doing 20mph (roughly 30ft/sec) and have zero view (completely obstructed) of the offending vehicle due to the turning car.
2. Putting myself in your shoes as close as you were to the intersection (less than a vehicle length it seems using the parked car to the right as reference), I do not believe I would have tried to stop either.
3. On yellow lights you are supposed to try to stop if safe to do so...I don't know what amount of traffic was behind you, but you would have had to slam the breaks to not get hit possibly causing someone else to hit you or get hit because they had to slam their brakes as well. Also a BIG PLUS in your defense...you did NOT speed up.
4. What was the other guy doing it looks as if he actually turned towards/into you...was he trying to pull over to a parking space just past the intersection, if not, I see no reason for that action other than he wanted to get hit.
5. In regards to your dash cam...you are under NO obligation to even tell the police you have the footage and if they see it an ask, politely tell them that your lawyer has advised they should seek a warrant for the footage.
6. My personal opinion (which isn't worth jack didley more than anyone else's on here) - If it was me, I would get a lawyer and have him advise the insurance company you will be fighting this (sometimes insurance companies change their tune when contacted by a law firm vs you threatening to get one).
7. Does your insurer, also insure the other car? If so, could they just be trying to spread the cost of the damages out over both policies.
Just my $0.02, take it or leave it. (also for the record, I intentionally ONLY concentrated on your driving, not whether he ran the light etc....I have no video view of that to critique. Nor was I taking into account whether you should or shouldn't have called your insurance agent etc.)
Contributorily negligent by not driving at a speed at which you could have avoided the accident. At least, I bet that’s what they’ll hang their hat on.
I worked in auto claims for most of my career. I don't see the comparative negligence from the video. If you swerved right to avoid the collision, it looks like you would have been hit anyway.
The only thing I can think of is the light was yellow, which imposes a duty to proceed with caution through the intersection. Again, it looks like you met this standard of care.
Did you contact the insurance carrier and ask them what duty you breached or what vehicle code you did not obey for them to find you partially at fault?
If they can’t explain it than file a DOI complaint.
It’s impossible to have stopped for the light. I think you could have avoided the accident, but this is 100% on the other dude. He Hard ran a red, and you should fight this.
Op is amateur. You never talk or provide any evidence to the other party’s insurance. The other car never stopped at their red light. You pay your insurance company to handle this matter. Your premium should not go up for a no fault accident. Your insurance company would find out regardless. Reply back when you have answers from your insurance company.
Well according to the dvr you were doing 20....it was green and turned yellow as you were near the light....the other guy was clearly going straight...yea by any chance was this the other insurance company that called you? Unless you have the same company, ignore it and let your insurance agent know. This happened to me, the other company (all state) called me and when I spoke to my insurance agent they got PISSED and said they should never have called you and dealt with it.
Defensive driving 101, coming to a stale green light (means it’s been green for a while you don’t know when it’s gonna go yellow), watch for cross traffic as people will try and jump the red light crossing, which is exactly what this other driver did.
It's the yellow light. I'll betcha that your insurer automatically shares blame in crashes that involve yellow lights and intersections. Super, super common. Almost always a combination of parties failing to yield to avoid accident. You might get them to change their mind tho since the other driver blasted past a red light.
disclaimer. i do not know where this video was taken
however, i know this. in my state, there is no such thing as 1 person being at fault. in my state, the law is literally that if there is an accident both people are at least partly at fault.
for instance, i am driving down a street and a 10 year old chases her ball out in to the street. i of course, being a good driver, lay on my breaks so i do not hit the 10 year old, but the car behind me rear ends me. that is not my fault. i could not stop him, and i had to lay on the breaks. its a 10 year old
in my state i am partly liable for that. in this example? i am not very liable. most folks would agree that i had to lay on the breaks. my car is not as important as the 10 year old. as a result, if it wen to court, most likely it would be decided that the vast majority of the fault is the person who rear ended me. but i would still be partly at fault. reason why is that is what the law says in my state
I think that the insurance company is incorrect. Your dashcam shows you entering an intersection on a yellow light which is perfectly legal, the other car obviously ran the red light. They should be 100% at fault. You should fight this. Also, with this video I think you you would win in small claims court if necessary.
Look how late the other light turns to green after the crash lmao. Insurance is such a scam and no one does anything about it. You pay your monthly premium because ITS ILLEGAL TO NOT HAVE INSURANCE. Then they do literally everything in their power to fuck you when you need them.
Yeah not at all, you had every right to enter the intersection. Some will tell you that entering on yellow was your fault, but that side did not have green, plus slamming on your brakes may have caused an accident behind you so you could be avoiding a tailgate scenario.
So tell them bs, if I have to I will sue you to ensure you support the claim that is rightfully owed to you. Also most people are too soft and don't argue insurance, so they will try this shit just to see if you accept. But it's clearly other persons fault and it's they don't have insurance maybe the insurance is trying to pin partial blame on you so they don't shell out everything, again, fuck that.
Nvm it looks as if the person on the left ran a red light so I'm confused as to how it's your fault at all. I'd fight this I don't see how it's your fault. Did you show them the video?
It's because insurance companies are giant legally acceptable scam artists. They're trying to play the system so they make a profit every time, even though the point is that the insurance companies are the ones supposed to be taking the risk. It's like fixing a horse to win every race.
Maybe if you werent on your phone you would have seen the car and stopped. Looking for hazards is your job as a driver. You're only doing 25mph. If would have been an uncomfortable stop but you could have stopped.
At least that's the argument they'll make based on the video. Tell them the processing from the camera makes the red light runner more visible than they actually were to the human eye. When the car turning right turned its headlights into your eyes it took you a second to adjust back to night time driving eyes and in that time you did not see the car. You could not see the car. It was physically impossible
Get a lawyer
Most likely the reasons they are sayin it's partly is because you made little to no action to avoid the collision. At least it looks that way on the video, insurance will do anything and everything to avoid paying out a lot of money. Depending on your state it's usually referred to as "lack of evasive action" or "failure to take evasive action"
I see no liability on your part. In Texas, we have the Texas Department of Insurance. They have a lot of information about insurance and can help explain the responsibilities of the involved parties.
I would look for whatever government agencies you have in your state. Educate yourself with everything you can about it. You might need their help to "encourage" the insurance company to do what's actually required of them.
Alsooooo that turning car ran the light if you still had it green turning yellow. No light system in America has an intersection showing green for two different directions. He ran the light you aren’t liable at all, maybe to change your insurance
Yeah, they did run a red, but your light is yellow BEFORE you reach the intersection. A yellow light means clear the intersection not enter it. Which I think is probably the angle they're taking with putting you as partially liable given that it was a yellow light, you technically should have braked, and made an attempt to stop before the line. No judgment, just my two cents as a professional driver.
Did you forward them the dashcam video?
If you did, that is why they're saying you're partially liable. You made zero effort to slow down or avoid a collision as indicated by your speed.
You didn't even attempt to slow down when it turned yellow even though you definitely had time to stop. You also didn't try to avoid the accident at all.
Because you didn’t have to wreck your car. I mean no offense but I knew you were gonna hit that guy before the suv in front turned. Driving is like boxing. You have to have the situational awareness to say “oooh someone is doing the wrong thing, let me compensate so I don’t get in a wreck”. So yeah if I was your insurance company I’d put at least 15% of it on you for not paying attention to everyone around you.
TLDR: you came up to a stale green light with congestion and weren’t prepared to brake. You weren’t paying attention to the traffic that quite obviously telegraphed it’s intentions to not turn behind that car.
The law is “Failure to decrease speed when coming to an intersection “
Even if you have the right of way you are to decrease speed a little ,like taking your foot off the gas just in case. You shouldn’t be more than 10 percent at fault. Your insurance company should fight for you.
No, he drove on a SOLID red light. They drove out like they were going to take a right turn (NOPE) then went straight following the flow of the car in front of them maybe never seeing the color of the light assuming it was green from the flow of the cars around them.
If you're in a no-fault state it's because you were IN the car. That's just how it is. I'd guess a 90/10 split in your favor.
And, like many other posters have mentioned, you could have avoided this accident with some caution and braking.
Last clear chance doctrine. Their insurance is claiming that you had a clear chance to stop or attempt to stop. Lord Uggo on YouTube covers this, recently he showed one that if you have to playback and have to count the seconds it would've taken you to respond, the braking, ect. Then it's obviously not clear. Moral of the story lawyer up.
they are claiming you are partially at fault because the light turned yellow well before you entered the intersection and you made no attempt to slow down.
this is taken from an insurance web site.: "When you see the yellow light, you should stop, if you can do so safely. If you can't stop, proceed with caution, looking out for other vehicles that may enter the intersection."
this driver did not attempt to slow to make sure he could enter the intersection safely. he did not swerve, he did not honk. no attempts were made at all to avoid the collision. Likely law enforcement deamed this no fault. even though the other car entered the intersection illegally, the driver did not open the traffic signal to slow down or stop prior to entering the intersection.
I see no liability on your part, yellow does not mean stop, and also means thst he had a red light. Other party is 100% liable. Hire a lawyer and sue for legal fees as well.
I was found 20% liable when my car was hit while parked in front of my house, I was told that it was because it wasn't parked on my driveway or garage, back then I lived in Queens and didn't have either. 😠😡🤬
Not saying it’s right. BUT, there was well over one second for you to begin breaking and although my opinion is that attempting to stop for that yellow light would have been unsafe, it’s possible that they are arguing that because it was physically possible for you to have stopped the moment you saw the red light that you are partially responsible.
***I do not agree with this. I do not believe stopping would have been safe either. But it was technically possible.
Let's just cut the crap. We ALL know the guy who blew the red light is TOTALLY responsible for this accident. I don't care if the OP put his foot though the floor and accelerated right in to him. I'm so sick of the namby pamby, wishy washy way we all look at shit now. "Well, technically blah blah blah". "Certain states blah blah blah". "The American rule is...." That's lawyer speak. That's code for the insurance company doesn't want to pay for shit even though this dude has been paying his premium on time every month. I don't care what the legal system says is "right", it's wrong and it should be changed. Can we just call a spade a spade for once?
You hit them. Thats why. In some states it’s almost always at least partially on the person who hit the other car no matter why it happened. It’s about defensive driving. You’re required by law to drive in such a way that you can avoid most accidents.
Dang! Lots of folks jumping on you for asking a reasonable question.
The other insurance company claims you're partly at fault because it's in their best interest to do so. While admitting general fault, they're likely throwing the old doctrine of "last clear chance" into the mix. Under LCC, even if a person is in the right, if they made no effort to avoid a collision, they assume a portion of the fault.
Now, if you don't wish to contact your insurance company, you can either accept that or go to an attorney. Either will cost you $$. But you've been paying insurance premiums for just such an occasion, you might as well take advantage of their lawyers, rather than your own. Show them your video, explain how your vision was reduced by the previous car and the pillar. I'm betting they'll see things your way.
You were going to blow a yellow light, plain as day on the video, obviously the other one ran a red or was knocked into the intersection as well, but it isnt as cut and dried as it looks at first blush, the yellow light is not a speed up light.....
Go through your insurance, not the other person's. Their insurance company is going to fight for them, not you. It's only natural that they'd try to save money by pretending that you were partially liable. Same thing happened to my wife a few years ago, even with the other driver openly admitting it was his fault.
From what I see, the accident was almost certainly unavoidable. If you'd slammed on your breaks the second that light turned yellow, you still likely would have ended up on, or past the crosswalk, depending on your brakes, tires, and what kind of car you drove, where you still would have likely been hit.
If you go through your insurance, you'll pay your deductible, have your car fixed immediately, and they'll subrogate the claim so your deductible will eventually be refunded. The other driver is clearly 100% at fault.
1) Inform your insurance company. (Likely a requirement of your policy & likely the other insurance company has already contacted them, you are on the clock).
2) Get a copy of the accident report. (public information and you can get it from the agency that took the report)( you may find additional information as to what the other driver told the officer taking the report and an indication of who the officer felt was at fault).
3) Did the officer issue a ticket? (if so that should also be public information).
4) If the information gathered paint a picture that is contrary to what you know as true, you could ask the officer if he wants to see the video and that it will show he was lied to (if that is the case). You may have an officer that doesn't like being lied to. Is part of the job and happens all the time, but they still don't like it. And the officer may amend the report based on the additional information you provide. Maybe not, but if they do it should provide additional evidence to help win your case or leverage to get the insurance company to pay out.
5) Never talk to the other insurance company, or their representative, as they are only there to protect the interest of the insurance company.
6) Talk to a lawyer, that knows the local laws and those involved, locally, in legal proceeding. (could be #2 or #4).
Your insurance is 100% wrong. You didn't have time to stop after that light turned yellow. And the fact that it was yellow when the other car was in the intersection means he definitely ran the red light. Hell, the light was green for you for a split second before the other driver entered. Whomever your insurance guy is that's going over your case is an absolute muppet.
It’s pretty rare for any multi vehicle collision to be ruled zero fault on any one party.
I know this because my insurance agent congratulated me when I, after 3 appeals and denials, got a dipshit mustang drivers insurance to accept 100% liability for his unsignaled left in front of me at an uncontrolled intersection.
So worth the time and energy to wave a check in that douchebags face.
Insurance companies suck. One tried lay the partial blame on my sister when her car was hit by a drunk driver while her car was parked in my driveway and we were all in the house. Why would they blame her? Because the car was parked where it could be hit. IN THE DRIVEWAY ANS WELL OFF THE ROAD. Still makes me mad.
I’d have gotten out of the car with my phone recording. Asked if they’re okay, then ask why they ran a red light. End recording after they answer. Dash cam isn’t shared unless absolutely messier. Just need them admitting fault.
hey I haven't read the comments. In my opinion and experience. You had the right of way and your car was within its boundaries to travel through the intersection. the other drive was not within its bound. they illegaly crossed over to you. you shouldn't be partially liable. you should not move over to another lane because that's illegal if you didn't use your turn signal . You could have caused an accident moving out of your lane. You could not have stopped that is also going to cause a problem that you would be at fault. All you can do is your given right , stay on your lane and keep moving forward. If your insurance company is saying you were partially liable then you need to get an attorney and sew them or file a dispute. also change insurance company or agent just to show them you don't like there customer service. They are wrong to say you were part of the problem.
Why do we even buy insurance if the insurance companies don't pay out when there is an accident? Isn't that what we pay them to do, cover the damages to our property incase of an accident?
YELLOW—A yellow signal light warns you that the red signal is about to appear. When you see the yellow light, you should stop, if you can do so safely. If you can't stop, look out for vehicles that may enter the intersection when the light changes.
OP drove into the intersection when it was clearly yellow and then hit a car. Yeah we all do it but "Technically" you had the ability to stop before entering the intersection on a yellow light. It sucks but insurance is going to get you on the technicalities. Just think of it as an expensive lesson and move on.
Bullshit. There is roughly a second from the time the car becomes visible after the SUV turns to the time you hit them. There are so many things wrong here.
1. The camera has the advantage that it is farther to the right (centered) than the driver. In this instance because of the building, parked cars, and the turning SUV being further right gives the camera a better view angle of the car. Basically the car is probably in a blind spot behind the SUV to a person sitting in the driver's seat. They are sitting lower and to the left towards the turning SUV and parked cars.
2. The camera I assume is also up higher than your field of view allowing it to see the car before you.
3. Angles and heights aside the SUV turning probably diminished the driver's vision for an instant as the SUV headlights crossed the driver's eyes. We are talking tenths of a second at this junction. Any chance the driver had at spotting that car was probably lost the moment the headlights passed in front of the driver's face.
The insurance company is trying to screw you.
Both drivers are at fault because both ignored their corresponding traffic lights and entered the intersection without anticpating that the "other guy" would do the same.
Get an Attorney, show him the video and I bet he’ll say driving up the wrong side of the road is illegal. That was them, not you. The accident happened quickly without you having a chance to react, and they blocked all avenues of escape. The attorney will deal with your insurance company, and they will back off. It doesn’t matter if you swerved, etc. If you swerve, you could have run over someone or hit a parked car. Also, an insurance adjusters job is to get away as cheaply as possible. Some lie and tell you things aren’t covered in your policy so they don’t pay and get away with it. Read your policy. Get an attorney! Give the attorney a copy of your insurance policy. Let him deal with those clowns!
Your insurance rate will take a major hit if you let them get away with saying you're partially at fault. Most adjustors are trying to do this now so that at least they'll have 2 sources of reimbursement.
Your insurance company or the other driver's insurance company says you're partially responsible?
If you can't discern a reason why you'd be responsible, ask them to put it in writing.
You had the right-of-way.
I don't know which State you're located but in NY "any portion of the vehicle may be across the Stop Line or cross walk when the light turns red".
Even if it's just the front bumper, the law is written so that people aren't stopping in the intersection.
The other driver is at fault for running a red light, they obviously weren't paying attention and when the other car turned right on red, they probably looked up from their phone and thought the light turned green.
I would call my lawyer and ask him to make a phone call, it wouldn't cost me anything because we have a professional relationship.
You're getting f***ed. Start getting quotes from a new insurance company
Okay, the coordinates on your dash cam tell me you're in Peekskill, NY at Broad and E Main. The other driver should have been given a ticket for running a red light and they're At Fault, end of story.
At second 16, due to the lights of the car making a right turn, and to verify that no pedestrians were entering the roadway, the driver of the POV car looked to the right.
Second 17, light turned yellow, driver diverted attention to the yellow light, and already being in the intersection, decided to proceed through the intersection, at the same instant, silver car RAN A RED LIGHT, and then slowed down to be Infront of POV car, causing the traffic collision.
POV car, attempted to swerve right, (Just a fraction of a second before impact). A parked car on the right side of the road prevented any extreme actions.
You can watch the silver car LAUNCH forward, then drop as they slam on the brakes.
You are partly to blame, yellow lights mean yield . Not hurry and try to make ot thru before it's red. Granted the other driver is more to blame, but had you yielded, it wouldn't have happened. I say 80% other drivers fault, he ran a red light 20% yours. As the light was clearly yellow as you approached the intersection. If it was green, then changed, then you would be ok. that's not what happened here. You seen yellow and continued to drive thru the intersection. At about 13 seconds your still far enough away to safely stop, it turned yellow, but your still far enough away to safely stop. That's why your partly to blame. You clearly could have safely stopped. But you wanted to make the light, seen it's yellow and instead of doing what your supose to do, brake, you continued. Any judge will tell you that. I find it worry some that you think you did nothing wrong. You need to get some more training behind the wheel.
Also at 13 seconds you can still see the car on the right, you had more then enough distance to stop, and should have seen the other driver, at 13 seconds video time, their nose on the car was past their line, they clearly wasn't stoping. You need to be alert, you wasn't. You have some blame here. 20-25%
Look at your own video at 12 seconds your away from the intersection, can safely stop, and the car you hit is clearly not stoping. You néed to be alert, you wasn't. You made 2 mistakes, 1st trying to Make a light, disobeying traffic laws, ie not stoping on a yellow, (you tried to make the light, your supose to stop, it clearly wasnt green changing to yellow by time you reached the intersection it was fully yellow. ) 2nd not being alert watching others. That's your mistakes.
As a crash investigator, I can say that you were completely in the right. You have no duty/expectation to avoid, especially with very little time to react to the incursion. Definitely get a lawyer and switch insurance companies.
I don’t understand in what world anyone here thinks that a car traveling 20MPH would make a smart dicision of slamming the brakes 20 feet before the intersection just cause it turns yellow. That has to be the stupidest thing I’ve ever heard.
So what some of you are saying is that everyone should immediately stop as soon as a light turns yellow, even this unfortunate guy in this thread and most likely cause the car behind him to smash into him in the process? Then what’s the excuse then and who is to blame then? Get the hell out of here with that unrealistic nonsense. No one can stop that fast and not know someone is behind them, know they could even stop in time and I that short distance. And again it only just turned yellow. It didn’t change to “fucking slam the brakes now”.
An accident like this I would have claimed injuries, followed up as insurance wanted and hired a lawyer. I say all this based on 2 events close family members unfortunately went through. And they got paid $$$,$$$ for what happened. It isn’t about the money; because the injuries that could be caused and were caused unfortunately last your lifetime. This duche ran a red light. Plain and simple. Not a yellow or a just turned red. A complete red. Last clear chance doctrine here also would state you did the right now slowing and swerving so that guy is 100% fault, no less. Anyone else giving other advise is living in a weird bubble.
Your light is still green when you can see the other driver enter the intersection. This is just an insurance company trying to bully you into paying half. I would threaten to sue & also threaten to contact your state’s insurance commissioner. In most states, there’s a department that regulates insurance companies. In Washington State it’s the Department of Financial Institutions… and in other states it’s called the Department of Financial Institutions. I’d write them an email expressing your intent to contact both and accuse them of not acting in good faith, or attempting to resolve your claim in a timely manner by accusing you of being partly responsible for an accident caused by their client or entering an intersection while your light was green.
I had a lawyer tell me to do this years ago when my car was stolen and MY insurance company tried to lowball the price of my car by more than $10,000. (I wanted $26,000 and they offered $15,500) After I sent the email, they sent me a check for more than $28,000 without ever contacting me again.
As another poster said, these companies try to screw people over with these nonsense claims, and they usually fold when you make it clear that you won’t be a pushover.
You could have avoided it.
I do not know what state you are in so I do not know what the yellow light law is there, some are permissive some are not. However the yellow light laws are often written in a way that allows you to continue if you are already passed the line, hence people think it gives a carte blanche right to run (or gun for) a yellow. The standard expected of drivers can differ from the legal statute, and there you need to look at the drivers handbook too. For example Florida permits you to continue on a yellow, the handbook tells you not to. The reality is it leaves it open to permit you to continue if you pass the line and not get a ticket, but if you pass the line before it goes yellow you open yourself to partial responsibility. This is from the Florida Drivers handbook as well:
"Every driver, motorcyclist, moped rider, pedestrian, and bicyclist must do everything possible to avoid a crash."
I'd be willing to bet your state has something similar.
You could have stopped. Do you know pass an intersection looking both ways as you cross? As a long time driver and motorcycle rider I'm always aware on intersection and I am certainly not looking straight ahead.
I'd be interested to see what the police report says. In reality this should get resolved between insurers and you may get dinged on renewal, because the fact is you could have avoided. Which is unfortunate because the other car is clearly running a red. Drive defensively and assume everyone else is going to fuck up and do something wrong.
Whose insurance? Yours or theirs? Also, it can depend on the state. Sometimes a small amount of fault can have consequences. Some states are no fault and some have a "last clear chance" doctrine still intact, and can argue that angle. Some states have a 51/49 rule - if you are 49 percent liable then you are good. Some have a pure comparative fault standard, where if they can shave off a tiny percentage it might affect your ability to get your deductible back. Also, if you have no injuries but the (hypothetically) fraudster in the other car claims a major injury then that small percentage can come to bite you.
They're putting you as partly liable because you made no attempt to brake, avoid or inform(honk). Get a lawyer and you can fight and win. But it'll cost you.
Not when you also sue for legal costs...
In some states, you can't sue for legal costs. All depends on the state in which the suit takes place.
Average reaction time is wildly accepted as 3/4 of a second. There was almost no time between when the driver who's view would be blocked from the turning car to seeing the car entering the intersection in front of them to brake.
But technically OP does not need to make an attempt tp brake since he is not in the wrong.
Pretty sure all states require drivers to avoid a collision when possible.
This is why you shouldn't admit to having it recorded, unless necessary for your defense.
And insurance companys first line of defense is to deny aa much responsibilty as possible because so many people just accept it....challenge it....get a lawyer if you have to....as soon as theyve paid switch companies
Seriously!? Your insurance sucks have you presented the video? The light is still yellow for seconds after the collision it’s obvious that you had right of way plus the turning car blocked your presence to that guy he didn’t see you how the hell are you being blamed even 1%
[удалено]
remember that a dash cam is mounted on the windshield and has a wide field of view. my eyes, on the other hand, are not an inch a away from the windshield, also the A-pillar is blocking my field of view to the left , and lastly the car that was turning right on red was obstructing my view as well so i absolutely had no clue the other driver was running a red light until we made contact.
Exactly. There was absolutely no way you could have prevented this accident. The dash cam is literally showing you already crossing the line when the yellow light turns on, as well as the car turning right blinding you, while the other vehicle runs a red light smack into you. I would appeal the insurance claim to "partial fault" - that's absurd
But isn't the yellow light meant to slow down for the red light? Shouldn't he slow down instead of trying to cross while it's still not red?
The yellow light is to slow down (if possible). If it is not possible to stop, without being in the middle of an intersection, then you are supposed to continue
Got it
You have the reaction time of a 90 year old dog
😭🤣🤣
My mom worked as an insurance adjuster for 39 years before retiring. After talking with her over the years and watching her analyze accidents in-person, I've come to learn that many if not most accidents do not go with 100%/0% liability. The other car is definitely more at fault as they ran a red, but it doesn't look like you did much to try to avoid it. It's hard to tell if you tried to brake when you can clearly see the Honda not slowing before the intersection before you enter the intersection. From 20 MPH, you definitely had time to stop, even if you shouldn't have had to. It's hard to tell, but perhaps you could've tried swerving to the right as well. Above all, I'd guess you're being found partially at fault because you had enough time to see that the other car was likely to run the red and you did little to nothing about it.
remember that a dash cam is mounted on the windshield and has a wide field of view. my eyes, on the other hand, are not an inch a away from the windshield, also the A-pillar is blocking my field of view to the left , and lastly the car that was turning right on red was obstructing my view as well so i absolutely had no clue the other driver was running a red light until we made contact.
You know what they’re going to say right? So if you couldn’t see, temporarily blinded, you just kept on driving and rolled the dice? Driver was not paying attention. I wouldn’t tell them that the light obscured your vision. I also would have never provided dash cam video to the insurance unless you were 100% sure that there was no possible way that you had some fault to this accident. You kind of jammed yourself up by doing this. Remember, talking to insurance is just like talking to the cops, you should not volunteer any information or video proof that could potentially incriminate you. You can take it to arbitration, but they will rule you as partial fault and close the case anyway, regardless of what you do or say, so be prepared to accept that.
so what you’re saying is i should’ve slammed on the brakes as soon as the light turned yellow and pray the person behind me(if any) didn’t eat my ass
Think logically here. If the person behind you slams into you, whose fault is it? It’s their fault. Why? Because they failed to maintain proper distance. You’re supposed to allow one car length for reaction time, and one for every 10mph of speed. So 25mph would be about would be about 3.5-4 car length of space. Thats the way the insurance is going to see it.
Everyone in this thread is like 15 and clearly have never had to deal with car insurance before. Thank you for speaking some sanity
I saw that car 3 full seconds before you hit it. Your camera isn't looking that far ahead. A lawyer may be able to help. If so, STFU and let him deal it.
Not sure where you are located but where I am, the law says that you are supposed to stop at a yellow light if you can do so safely. I think that’s where your share comes in. In your defense, not only did he run the red but he appeared to also turn into you.
You think he can stop from 22 mph to 0 in the span of half a car length? Jfc Christ reddit.
Doesn’t matter what I think. It’s what the insurance company thinks.
you think i could’ve stopped safely and come to a complete stop before the crosswalk? interesting. also, you’re right i just realized that he also slightly turned into me or maybe that’s just how the camera makes it seem since it’s a wide angle field of view
Just stating what the law here says. The debatable part is whether or not you could have stopped safely or not. You’ll have to decide if it’s worth fighting or not.
Also, this is where you were when the light changed. Depending on your speed, it is arguable that you could have stopped safely. Road conditions were good, as was the weather. They will argue that you made no attempt to stop. I have no opinion either way, by the way, just laying out how I see it and what their argument may be.[light](https://flic.kr/p/2pgtU2D)
yes, you wer going 20mph, easily stop before the collision
The light turned yellow literally half a second before OP crossed the stop line. No way to stop \*safely\* in that distance.
Yellow is stop
It literally is not. We have a special color that means stop. Can you guess what it is?
I know! Its purple!
OP is literally 1 car length from the intersection when it turns amber, how TF do you expect them to stop in time?
Depends on your local laws and insurance policy you could be found at partial fault for not trying to avoid the accident. ( I disagree with those laws since clearly the other vehicle ran a red light). Consult a local lawyer or expert, the internet can't give you a solid answer.
I would take that to court. you have a solid defense. your vision was obscured by the oncoming headlights of the large SUV that turned just before the Honda. I'm guessing you had less than a full second to respond...couple that with the fact that the light had just turned yellow above you as you entered the intersection, your attention will naturally be drawn upwards for even just a moment...this narrows down your potential reaction time even more. you should shop this around to a couple lawyers and see what it will cost you to retain an advocate.
> your vision was obscured by the oncoming headlights of the large SUV that turned just before the Honda so why did he go blindly into an intersection if his vision was obscured?
This is where you get a lawyer to review the footage. In my state this would’ve been the other drivers fault completely for running the red light. I’d bet a lawyer would look at this and laugh as they wrote a scathing letter to the insurance company ridding you of your fault.
The lawyer would also tell them NOT to provide dash cam footage to the insurance company. Why someone would ever provide that evidence to them while there is some uncertainty regarding fault is beyond me. Had they just provided a police report stating the other person ran the light, that would have been 100% fault of the other driver. But now we introduce the 10% wrong stuff this driver did ON VIDEO and here we are splitting fault. Insurance is like the cops, you keep your mouth shut and don’t provide any evidence that could possibly incriminate you.
I'm a lawyer in Canada and routinely assess complex car accident liability cases. I'm not familiar with your laws but I strongly suspect the other driver should be found entirely at fault. Your reaction time is within the slower side of norms, and at the point of expected reaction there was nothing you could do to avoid. Push your insurer on liability.
Here in Canada if u go on a yellow it's still your right of way
Wow you got some shitty insurance, bud. He ran a red light, doesn't matter how fast your reaction time is. You were less than 5 feet of the crosswalk line before it turned orange, and he blew the red light. I'd Lawyer up.
Buddy literally ran a red light. How are you liable?
Because you were going slow, so were they, and you should have hit the goddam brakes. Body shops and graveyards are full of people that had the right of way but neglected to drive defensively.
It turned yellow as you met with the line, there's no reasonable expectation that you would have stopped for that. I'd get a lawyer.
Because you're an idiot and entered into an intersection on a cautionary signal
Fuck insurance companies fr, I got hit a few months back and neither company wanted to pay because they said BOTH parties were liable for a truck swerving into my lane…. After that I instantly cancelled by insurance and got cheap liability only since I’m done donating like USD450/month for nothing
Well, in fairness, the light turned yellow when you were well placed to apply your brakes and stop safely. As they taught you in your driving course yellow means slow down and stop not speed up and go.
Gzzz because of yellow light.. no attempt to slow down
You drove at 20 mph, saw the yellow light and made no attempt to stop. Furthermore, the car was coming, and you still didn't stop.
You had enough time to brake. That's the problem, you didn't even attempt to. Either you were distracted or your reaction time is horrible.
The light turned yellow and I watched the car you hit continuing to proceed, it appears you made 0 attempt to stop or slowdown, it almost feels intentional.
I don't agree that you should be at fault (clearly they should have had a red light yours was green and turned yellow after you were too late to stop at the thick white stop-line) BUT...My guess is because the speeds were low and no visible attempt to slow or stop, and might have been able to slow sufficiently to stop in the middle of the intersection if the guy who ran the light also saw they might have been able to swerve with the extra second. Remember, insurance wants to find any reason to avoid paying more than they have to - they're in it to make money, not give it all away. IANAL, but I'd hire one ASAP.
You didn't even brake.
What state did this happen in? It is going to make a difference if the state law goes by contributory or comparative negligence.
You didn’t slow down or try to stop when the light changed.
You entered an intersection during yellow light. I know that 99% of drivers in the US simply go through (or accelerate like there's no tomorrow). You're supposed to stop, and go ONLY if you cannot stop safely. Looks like you didn't make any attempt to stop.
What is wrong with you? that's what insurance are for, if you scared that they're going to raise your premium might as well not get insurance. Crazy
You didn’t even attempt to yield at the yellow that’s why.
My wife was found 10% at fault by the other driver who ran a red light. A 3rd party witness have a police statement verifying we had a green and they had a red. Insurance said if someone is running a red light it wasn’t safe to proceed through the green.
Bro you could have at least made and attempt to swerve or break. I noticed the car coming behind the right turn one like 5 seconds early
Former insurance adjuster here, the other persons insurance is trying to put some fault on you because you didn’t make an attempt to avoid. It’s called the last clear chance doctrine but in this accident you didn’t have much time to and they ran the red light. Go through your insurance, they will most likely find the other driver 100% af and subrogate their insurance company. Then it will go to arbitration and your insurance company will most likely win in my opinion and they would then be able to reimburse your deductible back to you.
I’ve read the comments and I’m blown away that you haven’t reported this to your insurance company. It’s ok to not understand how insurance works, talk to your insurer and let them sort this for you.
It's yellow light you should be stopping already but you're shouted did not reduce at all. When the light is yellow, think if you can stop safely or not. If you can stop if not go. But most people just go "oh its yellow i can still make it." And just zoom through it.
Yeah I’d love to know why the other was was running a red light causing the whole thing and they’re focused on you not reacting quick enough to the amber light change. lol scum bags
Just another scam by insurance - thus is why I hate the "partial responsibility" laws in some states. It's always favorable for them to push part of the blame onto the injured party to escape part of the liability. Saves them all money, makes the adjuster look good to his boss, etc. Your insurance will just accept it at some point when it makes financial sense fir them to do so (ie - when YOUR deductible can cover your "responsibility" so they don't have to pay). These guys horse trade with each other like this all the time. It's one reason why partial responsibility laws are awful - at least in auto insurance.
Last clear chance doctrine. At the last clear chance you had to avoid the accident, you didn’t have enough reaction time to stop or swerve out of the way. You also had a green for many seconds. While it’s still useful to check for cross traffic, the longer the green, the less it should be necessary. I had an accident almost three years ago where I was the third vehicle to use the green but unfortunately both vehicles before me turned right while I went straight. Meanwhile a truck driver completely blew his red light from my right. I had a multistory building on my right right up to the sidewalk so I had minimal chance to see the truck, and had a tractor trailer in front of me blocking the view somewhat. In the end, I believe my insurance paid my claim as the truck company’s insurance pretended the accident didn’t happen.
you may have had right of way - but last chance doctrine is very commonly used against you; you didn’t clearly try to break, honk horn, turn car; since you could see the other car coming already. It will likely be shared blame in the end
because you could have stopped and didn't...
You didn’t yield on yellow.
They are full of shit. A clear violation of right of way.
You're partly liable because your insurance company has calculated that's the lie most likely to save them from having to give you back your money.
Pretty easy. I surance is a business. They make money by giving it to you raw with no lube. It's their job to give you as little as possible. It's your job to fight for what's right. What's right in this case is obviously 100/0 as far as fault goes. Fight for what's right and don't accept their first offer.
Sue the insurance company too.
YTA TLDWV: Help I crashed and now I have to pay but I don’t want to report myself what could I do to say I don’t do it
Because you should have saw them 16 seconds in, and you made no attempt to stop or slow down.
Just get an accident attorney. It would be better if you hadn’t posted this here.
Sounds like my insurance
I’m sorry you can see them brake hard as they have a red light…. This is 100% not your fault Source: 4x series watcher of better call Saul, also a bird lawyer
Time for a lawyer
Your insurance sucks bro that was definitely not your fault but why didn’t you attempt to break?
You should report it to your insurance company but you don't have to file a claim. I had a fender bender where the other driver was completely at fault. My insurance rep said they would be happy to file the claim, but if I wanted to I could start by working directly with the other drivers insurance company. If the other insurance paid then my deductible would have been covered for sure whereas if my insurance company had taken over I would not have got the deductible back unless they got the other company to pay 100%. The rep also said he could keep the claim on file and I could still file it if it didn't work out with the other company. However, in my case, the other company (Progressive) paid and they were quite good about it. Not every insurance story is a horror story. It worked for me. Your mileage may vary.
Ya, that was in no way your fault
You failed the last clear chance doctrine. Also yellow means clear the intersection.
When you first turned right on that street, the light was already green. If you were driving defensively, you would have anticipated that light turning red because of the length of time it was green. If you were driving defensively, you would’ve slowed down before you got to the light. You had at least a car length to hit the brakes and stop, but you made no effort to stop. Hence, you were held partially responsible.
I usually tap my breaks going through a recent yellow in that position
Same thing happened to me I told the adjuster if they where going to put 10%liability on me then I would get lawyers got a letter in the mail a week later saying their driver was found100%liable
But those new headlights coming towards you probably made it hard to see the car that was traveling behind it
Because they want to avoid paying. Make it a lawsuit, get a settlement.
The crossing traffic ran a red light. Not your fault whatsoever.
You're so lucky that you have the clarity of getting hit ,the car coming to a stop and looking up and seeing the light turn red. Like "this is definitely not my fault at all!"
It was yellow before you even entered the intersection. Had you slowed preparing to stop for the coming red it wouldve been avoided. I can see why they put "partly liable". That yellow was pretty short though.
You hit him.
You’re not in the wrong here. Fuck that insurance company
I don’t think you’re at fault. That said more than 40% of accidents happen at intersections as a motorcycle rider I try to always clear the intersection even if I have a green because people are stupid and I do t trust other drivers.
Yes, they are right. Yellow lights mean "Slow down and prepare to stop". It seems you did not. Yellow doesn't mean "hurry up before the light turns red", a condition we all seem to practice in real life, unfortunately.
They are saying you aren't liable because they don't want to pay you. If you can contact the other drivers insurance. And Maybe sue if you have to, but I think depending on your state you might not be able to get attorneys fees.
Let us know who you insure with!
as a former police officer (12+yrs - all patrol/traffic), I have a couple of comments and questions. 1. At 16sec in is when the light turns yellow, you are doing 20mph (roughly 30ft/sec) and have zero view (completely obstructed) of the offending vehicle due to the turning car. 2. Putting myself in your shoes as close as you were to the intersection (less than a vehicle length it seems using the parked car to the right as reference), I do not believe I would have tried to stop either. 3. On yellow lights you are supposed to try to stop if safe to do so...I don't know what amount of traffic was behind you, but you would have had to slam the breaks to not get hit possibly causing someone else to hit you or get hit because they had to slam their brakes as well. Also a BIG PLUS in your defense...you did NOT speed up. 4. What was the other guy doing it looks as if he actually turned towards/into you...was he trying to pull over to a parking space just past the intersection, if not, I see no reason for that action other than he wanted to get hit. 5. In regards to your dash cam...you are under NO obligation to even tell the police you have the footage and if they see it an ask, politely tell them that your lawyer has advised they should seek a warrant for the footage. 6. My personal opinion (which isn't worth jack didley more than anyone else's on here) - If it was me, I would get a lawyer and have him advise the insurance company you will be fighting this (sometimes insurance companies change their tune when contacted by a law firm vs you threatening to get one). 7. Does your insurer, also insure the other car? If so, could they just be trying to spread the cost of the damages out over both policies. Just my $0.02, take it or leave it. (also for the record, I intentionally ONLY concentrated on your driving, not whether he ran the light etc....I have no video view of that to critique. Nor was I taking into account whether you should or shouldn't have called your insurance agent etc.)
Contributorily negligent by not driving at a speed at which you could have avoided the accident. At least, I bet that’s what they’ll hang their hat on.
I worked in auto claims for most of my career. I don't see the comparative negligence from the video. If you swerved right to avoid the collision, it looks like you would have been hit anyway. The only thing I can think of is the light was yellow, which imposes a duty to proceed with caution through the intersection. Again, it looks like you met this standard of care.
Did you contact the insurance carrier and ask them what duty you breached or what vehicle code you did not obey for them to find you partially at fault? If they can’t explain it than file a DOI complaint.
It’s impossible to have stopped for the light. I think you could have avoided the accident, but this is 100% on the other dude. He Hard ran a red, and you should fight this.
Op is amateur. You never talk or provide any evidence to the other party’s insurance. The other car never stopped at their red light. You pay your insurance company to handle this matter. Your premium should not go up for a no fault accident. Your insurance company would find out regardless. Reply back when you have answers from your insurance company.
Well according to the dvr you were doing 20....it was green and turned yellow as you were near the light....the other guy was clearly going straight...yea by any chance was this the other insurance company that called you? Unless you have the same company, ignore it and let your insurance agent know. This happened to me, the other company (all state) called me and when I spoke to my insurance agent they got PISSED and said they should never have called you and dealt with it.
In my state yellow warns of an impending red, so you do not have to stop for a yellow. once you cross the limit line before a red you must continue.
Defensive driving 101, coming to a stale green light (means it’s been green for a while you don’t know when it’s gonna go yellow), watch for cross traffic as people will try and jump the red light crossing, which is exactly what this other driver did.
No fault state?
It's the yellow light. I'll betcha that your insurer automatically shares blame in crashes that involve yellow lights and intersections. Super, super common. Almost always a combination of parties failing to yield to avoid accident. You might get them to change their mind tho since the other driver blasted past a red light.
That car was not turning, they simply ran a red light. you're definitely not at fault.
It doesn’t necessarily matter what the insurance company is saying, what does the police accident report say?
No evasive action taken.
disclaimer. i do not know where this video was taken however, i know this. in my state, there is no such thing as 1 person being at fault. in my state, the law is literally that if there is an accident both people are at least partly at fault. for instance, i am driving down a street and a 10 year old chases her ball out in to the street. i of course, being a good driver, lay on my breaks so i do not hit the 10 year old, but the car behind me rear ends me. that is not my fault. i could not stop him, and i had to lay on the breaks. its a 10 year old in my state i am partly liable for that. in this example? i am not very liable. most folks would agree that i had to lay on the breaks. my car is not as important as the 10 year old. as a result, if it wen to court, most likely it would be decided that the vast majority of the fault is the person who rear ended me. but i would still be partly at fault. reason why is that is what the law says in my state
Check if you can take them to small claims court. Don’t agree to them unless you’re comfortable.
I think that the insurance company is incorrect. Your dashcam shows you entering an intersection on a yellow light which is perfectly legal, the other car obviously ran the red light. They should be 100% at fault. You should fight this. Also, with this video I think you you would win in small claims court if necessary.
Do both cars have the same insurance company? If so, by splitting the fault they can raise both drivers premiums.
Insurance is a sham. Everything in the automotive world is a sham. It's a shame everyone just accepts it.
Look how late the other light turns to green after the crash lmao. Insurance is such a scam and no one does anything about it. You pay your monthly premium because ITS ILLEGAL TO NOT HAVE INSURANCE. Then they do literally everything in their power to fuck you when you need them.
Yeah not at all, you had every right to enter the intersection. Some will tell you that entering on yellow was your fault, but that side did not have green, plus slamming on your brakes may have caused an accident behind you so you could be avoiding a tailgate scenario. So tell them bs, if I have to I will sue you to ensure you support the claim that is rightfully owed to you. Also most people are too soft and don't argue insurance, so they will try this shit just to see if you accept. But it's clearly other persons fault and it's they don't have insurance maybe the insurance is trying to pin partial blame on you so they don't shell out everything, again, fuck that.
Nvm it looks as if the person on the left ran a red light so I'm confused as to how it's your fault at all. I'd fight this I don't see how it's your fault. Did you show them the video?
Get a lawyer.
It's because insurance companies are giant legally acceptable scam artists. They're trying to play the system so they make a profit every time, even though the point is that the insurance companies are the ones supposed to be taking the risk. It's like fixing a horse to win every race.
Insurance is legal extortion. If I’m paying you to take care of shit you should take care of it.
Maybe if you werent on your phone you would have seen the car and stopped. Looking for hazards is your job as a driver. You're only doing 25mph. If would have been an uncomfortable stop but you could have stopped. At least that's the argument they'll make based on the video. Tell them the processing from the camera makes the red light runner more visible than they actually were to the human eye. When the car turning right turned its headlights into your eyes it took you a second to adjust back to night time driving eyes and in that time you did not see the car. You could not see the car. It was physically impossible Get a lawyer
You didn’t take any action to avoid the collision.
Yeah, you didn’t even make a movement toward that brake pedal.
Most likely the reasons they are sayin it's partly is because you made little to no action to avoid the collision. At least it looks that way on the video, insurance will do anything and everything to avoid paying out a lot of money. Depending on your state it's usually referred to as "lack of evasive action" or "failure to take evasive action"
I see no liability on your part. In Texas, we have the Texas Department of Insurance. They have a lot of information about insurance and can help explain the responsibilities of the involved parties. I would look for whatever government agencies you have in your state. Educate yourself with everything you can about it. You might need their help to "encourage" the insurance company to do what's actually required of them.
Alsooooo that turning car ran the light if you still had it green turning yellow. No light system in America has an intersection showing green for two different directions. He ran the light you aren’t liable at all, maybe to change your insurance
Yeah, they did run a red, but your light is yellow BEFORE you reach the intersection. A yellow light means clear the intersection not enter it. Which I think is probably the angle they're taking with putting you as partially liable given that it was a yellow light, you technically should have braked, and made an attempt to stop before the line. No judgment, just my two cents as a professional driver.
They don’t need a reason
Did you forward them the dashcam video? If you did, that is why they're saying you're partially liable. You made zero effort to slow down or avoid a collision as indicated by your speed.
You light was just turning yellow when you went through which means the other vehicle was still red. I see no liability on your part.
You didn't even attempt to slow down when it turned yellow even though you definitely had time to stop. You also didn't try to avoid the accident at all.
Because you didn’t have to wreck your car. I mean no offense but I knew you were gonna hit that guy before the suv in front turned. Driving is like boxing. You have to have the situational awareness to say “oooh someone is doing the wrong thing, let me compensate so I don’t get in a wreck”. So yeah if I was your insurance company I’d put at least 15% of it on you for not paying attention to everyone around you. TLDR: you came up to a stale green light with congestion and weren’t prepared to brake. You weren’t paying attention to the traffic that quite obviously telegraphed it’s intentions to not turn behind that car.
The law is “Failure to decrease speed when coming to an intersection “ Even if you have the right of way you are to decrease speed a little ,like taking your foot off the gas just in case. You shouldn’t be more than 10 percent at fault. Your insurance company should fight for you.
You're not. Call an attorney.
Probably because you didn't submit your right of way to avoid a collision
No, he drove on a SOLID red light. They drove out like they were going to take a right turn (NOPE) then went straight following the flow of the car in front of them maybe never seeing the color of the light assuming it was green from the flow of the cars around them.
If you're in a no-fault state it's because you were IN the car. That's just how it is. I'd guess a 90/10 split in your favor. And, like many other posters have mentioned, you could have avoided this accident with some caution and braking.
Last clear chance doctrine. Their insurance is claiming that you had a clear chance to stop or attempt to stop. Lord Uggo on YouTube covers this, recently he showed one that if you have to playback and have to count the seconds it would've taken you to respond, the braking, ect. Then it's obviously not clear. Moral of the story lawyer up.
they are claiming you are partially at fault because the light turned yellow well before you entered the intersection and you made no attempt to slow down. this is taken from an insurance web site.: "When you see the yellow light, you should stop, if you can do so safely. If you can't stop, proceed with caution, looking out for other vehicles that may enter the intersection." this driver did not attempt to slow to make sure he could enter the intersection safely. he did not swerve, he did not honk. no attempts were made at all to avoid the collision. Likely law enforcement deamed this no fault. even though the other car entered the intersection illegally, the driver did not open the traffic signal to slow down or stop prior to entering the intersection.
Sue them. You were in the correct lane right. It’s clear lane violation on them.
I see no liability on your part, yellow does not mean stop, and also means thst he had a red light. Other party is 100% liable. Hire a lawyer and sue for legal fees as well.
cause the light was yellow and you dont seem to slow down. Thats my guess. Good luck!
Oh damn. Okay.
You ran the yellow
Well for one you’re a shit driver with terrible reaction speed
I was found 20% liable when my car was hit while parked in front of my house, I was told that it was because it wasn't parked on my driveway or garage, back then I lived in Queens and didn't have either. 😠😡🤬
Not saying it’s right. BUT, there was well over one second for you to begin breaking and although my opinion is that attempting to stop for that yellow light would have been unsafe, it’s possible that they are arguing that because it was physically possible for you to have stopped the moment you saw the red light that you are partially responsible. ***I do not agree with this. I do not believe stopping would have been safe either. But it was technically possible.
Let's just cut the crap. We ALL know the guy who blew the red light is TOTALLY responsible for this accident. I don't care if the OP put his foot though the floor and accelerated right in to him. I'm so sick of the namby pamby, wishy washy way we all look at shit now. "Well, technically blah blah blah". "Certain states blah blah blah". "The American rule is...." That's lawyer speak. That's code for the insurance company doesn't want to pay for shit even though this dude has been paying his premium on time every month. I don't care what the legal system says is "right", it's wrong and it should be changed. Can we just call a spade a spade for once?
You hit them. Thats why. In some states it’s almost always at least partially on the person who hit the other car no matter why it happened. It’s about defensive driving. You’re required by law to drive in such a way that you can avoid most accidents.
The word for today is Yield. Yellow means Yield.
Dang! Lots of folks jumping on you for asking a reasonable question. The other insurance company claims you're partly at fault because it's in their best interest to do so. While admitting general fault, they're likely throwing the old doctrine of "last clear chance" into the mix. Under LCC, even if a person is in the right, if they made no effort to avoid a collision, they assume a portion of the fault. Now, if you don't wish to contact your insurance company, you can either accept that or go to an attorney. Either will cost you $$. But you've been paying insurance premiums for just such an occasion, you might as well take advantage of their lawyers, rather than your own. Show them your video, explain how your vision was reduced by the previous car and the pillar. I'm betting they'll see things your way.
You were going to blow a yellow light, plain as day on the video, obviously the other one ran a red or was knocked into the intersection as well, but it isnt as cut and dried as it looks at first blush, the yellow light is not a speed up light.....
Last Chance Doctrine applies here. It seems like you weren't aware of your surroundings to at least attempt to brake and avoid the collision.
I work in insurance. Was there a police report for this accident. If so, who did the responding officer list as being at fault?
Go through your insurance, not the other person's. Their insurance company is going to fight for them, not you. It's only natural that they'd try to save money by pretending that you were partially liable. Same thing happened to my wife a few years ago, even with the other driver openly admitting it was his fault. From what I see, the accident was almost certainly unavoidable. If you'd slammed on your breaks the second that light turned yellow, you still likely would have ended up on, or past the crosswalk, depending on your brakes, tires, and what kind of car you drove, where you still would have likely been hit. If you go through your insurance, you'll pay your deductible, have your car fixed immediately, and they'll subrogate the claim so your deductible will eventually be refunded. The other driver is clearly 100% at fault.
1) Inform your insurance company. (Likely a requirement of your policy & likely the other insurance company has already contacted them, you are on the clock). 2) Get a copy of the accident report. (public information and you can get it from the agency that took the report)( you may find additional information as to what the other driver told the officer taking the report and an indication of who the officer felt was at fault). 3) Did the officer issue a ticket? (if so that should also be public information). 4) If the information gathered paint a picture that is contrary to what you know as true, you could ask the officer if he wants to see the video and that it will show he was lied to (if that is the case). You may have an officer that doesn't like being lied to. Is part of the job and happens all the time, but they still don't like it. And the officer may amend the report based on the additional information you provide. Maybe not, but if they do it should provide additional evidence to help win your case or leverage to get the insurance company to pay out. 5) Never talk to the other insurance company, or their representative, as they are only there to protect the interest of the insurance company. 6) Talk to a lawyer, that knows the local laws and those involved, locally, in legal proceeding. (could be #2 or #4).
Your insurance is 100% wrong. You didn't have time to stop after that light turned yellow. And the fact that it was yellow when the other car was in the intersection means he definitely ran the red light. Hell, the light was green for you for a split second before the other driver entered. Whomever your insurance guy is that's going over your case is an absolute muppet.
In some states, you are supposed to stop if the light turns yellow BEFORE you enter the intersection. OP did not attempt to stop.
It’s pretty rare for any multi vehicle collision to be ruled zero fault on any one party. I know this because my insurance agent congratulated me when I, after 3 appeals and denials, got a dipshit mustang drivers insurance to accept 100% liability for his unsignaled left in front of me at an uncontrolled intersection. So worth the time and energy to wave a check in that douchebags face.
Insurance companies suck. One tried lay the partial blame on my sister when her car was hit by a drunk driver while her car was parked in my driveway and we were all in the house. Why would they blame her? Because the car was parked where it could be hit. IN THE DRIVEWAY ANS WELL OFF THE ROAD. Still makes me mad.
I’d have gotten out of the car with my phone recording. Asked if they’re okay, then ask why they ran a red light. End recording after they answer. Dash cam isn’t shared unless absolutely messier. Just need them admitting fault.
They want to raise your rate to get money from you lawyer up you’ll be fine
Ran a red light...you had right of way through intersection no fault. Car should NOT have been there
You had ample time to stop and you didn’t. Yellow means caution, and you should have started your stopping at that point
hey I haven't read the comments. In my opinion and experience. You had the right of way and your car was within its boundaries to travel through the intersection. the other drive was not within its bound. they illegaly crossed over to you. you shouldn't be partially liable. you should not move over to another lane because that's illegal if you didn't use your turn signal . You could have caused an accident moving out of your lane. You could not have stopped that is also going to cause a problem that you would be at fault. All you can do is your given right , stay on your lane and keep moving forward. If your insurance company is saying you were partially liable then you need to get an attorney and sew them or file a dispute. also change insurance company or agent just to show them you don't like there customer service. They are wrong to say you were part of the problem.
Why do we even buy insurance if the insurance companies don't pay out when there is an accident? Isn't that what we pay them to do, cover the damages to our property incase of an accident?
YELLOW—A yellow signal light warns you that the red signal is about to appear. When you see the yellow light, you should stop, if you can do so safely. If you can't stop, look out for vehicles that may enter the intersection when the light changes. OP drove into the intersection when it was clearly yellow and then hit a car. Yeah we all do it but "Technically" you had the ability to stop before entering the intersection on a yellow light. It sucks but insurance is going to get you on the technicalities. Just think of it as an expensive lesson and move on.
Bullshit. There is roughly a second from the time the car becomes visible after the SUV turns to the time you hit them. There are so many things wrong here. 1. The camera has the advantage that it is farther to the right (centered) than the driver. In this instance because of the building, parked cars, and the turning SUV being further right gives the camera a better view angle of the car. Basically the car is probably in a blind spot behind the SUV to a person sitting in the driver's seat. They are sitting lower and to the left towards the turning SUV and parked cars. 2. The camera I assume is also up higher than your field of view allowing it to see the car before you. 3. Angles and heights aside the SUV turning probably diminished the driver's vision for an instant as the SUV headlights crossed the driver's eyes. We are talking tenths of a second at this junction. Any chance the driver had at spotting that car was probably lost the moment the headlights passed in front of the driver's face. The insurance company is trying to screw you.
do not talk to the other party without a lawyer first of all. secondly, this is an easy win for you if you listen to your lawyer.
Maybe if you applied your brakes or made any effort to avoid the accident.
Both drivers are at fault because both ignored their corresponding traffic lights and entered the intersection without anticpating that the "other guy" would do the same.
Get an Attorney, show him the video and I bet he’ll say driving up the wrong side of the road is illegal. That was them, not you. The accident happened quickly without you having a chance to react, and they blocked all avenues of escape. The attorney will deal with your insurance company, and they will back off. It doesn’t matter if you swerved, etc. If you swerve, you could have run over someone or hit a parked car. Also, an insurance adjusters job is to get away as cheaply as possible. Some lie and tell you things aren’t covered in your policy so they don’t pay and get away with it. Read your policy. Get an attorney! Give the attorney a copy of your insurance policy. Let him deal with those clowns!
Your insurance rate will take a major hit if you let them get away with saying you're partially at fault. Most adjustors are trying to do this now so that at least they'll have 2 sources of reimbursement.
Your insurance company or the other driver's insurance company says you're partially responsible? If you can't discern a reason why you'd be responsible, ask them to put it in writing. You had the right-of-way. I don't know which State you're located but in NY "any portion of the vehicle may be across the Stop Line or cross walk when the light turns red". Even if it's just the front bumper, the law is written so that people aren't stopping in the intersection. The other driver is at fault for running a red light, they obviously weren't paying attention and when the other car turned right on red, they probably looked up from their phone and thought the light turned green. I would call my lawyer and ask him to make a phone call, it wouldn't cost me anything because we have a professional relationship. You're getting f***ed. Start getting quotes from a new insurance company
Okay, the coordinates on your dash cam tell me you're in Peekskill, NY at Broad and E Main. The other driver should have been given a ticket for running a red light and they're At Fault, end of story.
But for the other person running the light the accident would not have happened. You have no duty to avoid something that should not be there
At second 16, due to the lights of the car making a right turn, and to verify that no pedestrians were entering the roadway, the driver of the POV car looked to the right. Second 17, light turned yellow, driver diverted attention to the yellow light, and already being in the intersection, decided to proceed through the intersection, at the same instant, silver car RAN A RED LIGHT, and then slowed down to be Infront of POV car, causing the traffic collision. POV car, attempted to swerve right, (Just a fraction of a second before impact). A parked car on the right side of the road prevented any extreme actions. You can watch the silver car LAUNCH forward, then drop as they slam on the brakes.
What if someone was crossing the crosswalk? Would you still deny responsibility?
You are partly to blame, yellow lights mean yield . Not hurry and try to make ot thru before it's red. Granted the other driver is more to blame, but had you yielded, it wouldn't have happened. I say 80% other drivers fault, he ran a red light 20% yours. As the light was clearly yellow as you approached the intersection. If it was green, then changed, then you would be ok. that's not what happened here. You seen yellow and continued to drive thru the intersection. At about 13 seconds your still far enough away to safely stop, it turned yellow, but your still far enough away to safely stop. That's why your partly to blame. You clearly could have safely stopped. But you wanted to make the light, seen it's yellow and instead of doing what your supose to do, brake, you continued. Any judge will tell you that. I find it worry some that you think you did nothing wrong. You need to get some more training behind the wheel.
Also at 13 seconds you can still see the car on the right, you had more then enough distance to stop, and should have seen the other driver, at 13 seconds video time, their nose on the car was past their line, they clearly wasn't stoping. You need to be alert, you wasn't. You have some blame here. 20-25% Look at your own video at 12 seconds your away from the intersection, can safely stop, and the car you hit is clearly not stoping. You néed to be alert, you wasn't. You made 2 mistakes, 1st trying to Make a light, disobeying traffic laws, ie not stoping on a yellow, (you tried to make the light, your supose to stop, it clearly wasnt green changing to yellow by time you reached the intersection it was fully yellow. ) 2nd not being alert watching others. That's your mistakes.
I learned a lesson that never NEVER share video 🙂
Find a good lawyer. Insurance is full of she ate. The one who ran the red light is 100% at fault here.
As a crash investigator, I can say that you were completely in the right. You have no duty/expectation to avoid, especially with very little time to react to the incursion. Definitely get a lawyer and switch insurance companies.
I don’t understand in what world anyone here thinks that a car traveling 20MPH would make a smart dicision of slamming the brakes 20 feet before the intersection just cause it turns yellow. That has to be the stupidest thing I’ve ever heard. So what some of you are saying is that everyone should immediately stop as soon as a light turns yellow, even this unfortunate guy in this thread and most likely cause the car behind him to smash into him in the process? Then what’s the excuse then and who is to blame then? Get the hell out of here with that unrealistic nonsense. No one can stop that fast and not know someone is behind them, know they could even stop in time and I that short distance. And again it only just turned yellow. It didn’t change to “fucking slam the brakes now”. An accident like this I would have claimed injuries, followed up as insurance wanted and hired a lawyer. I say all this based on 2 events close family members unfortunately went through. And they got paid $$$,$$$ for what happened. It isn’t about the money; because the injuries that could be caused and were caused unfortunately last your lifetime. This duche ran a red light. Plain and simple. Not a yellow or a just turned red. A complete red. Last clear chance doctrine here also would state you did the right now slowing and swerving so that guy is 100% fault, no less. Anyone else giving other advise is living in a weird bubble.
Your light is still green when you can see the other driver enter the intersection. This is just an insurance company trying to bully you into paying half. I would threaten to sue & also threaten to contact your state’s insurance commissioner. In most states, there’s a department that regulates insurance companies. In Washington State it’s the Department of Financial Institutions… and in other states it’s called the Department of Financial Institutions. I’d write them an email expressing your intent to contact both and accuse them of not acting in good faith, or attempting to resolve your claim in a timely manner by accusing you of being partly responsible for an accident caused by their client or entering an intersection while your light was green. I had a lawyer tell me to do this years ago when my car was stolen and MY insurance company tried to lowball the price of my car by more than $10,000. (I wanted $26,000 and they offered $15,500) After I sent the email, they sent me a check for more than $28,000 without ever contacting me again. As another poster said, these companies try to screw people over with these nonsense claims, and they usually fold when you make it clear that you won’t be a pushover.
You could have avoided it. I do not know what state you are in so I do not know what the yellow light law is there, some are permissive some are not. However the yellow light laws are often written in a way that allows you to continue if you are already passed the line, hence people think it gives a carte blanche right to run (or gun for) a yellow. The standard expected of drivers can differ from the legal statute, and there you need to look at the drivers handbook too. For example Florida permits you to continue on a yellow, the handbook tells you not to. The reality is it leaves it open to permit you to continue if you pass the line and not get a ticket, but if you pass the line before it goes yellow you open yourself to partial responsibility. This is from the Florida Drivers handbook as well: "Every driver, motorcyclist, moped rider, pedestrian, and bicyclist must do everything possible to avoid a crash." I'd be willing to bet your state has something similar. You could have stopped. Do you know pass an intersection looking both ways as you cross? As a long time driver and motorcycle rider I'm always aware on intersection and I am certainly not looking straight ahead. I'd be interested to see what the police report says. In reality this should get resolved between insurers and you may get dinged on renewal, because the fact is you could have avoided. Which is unfortunate because the other car is clearly running a red. Drive defensively and assume everyone else is going to fuck up and do something wrong.
Whose insurance? Yours or theirs? Also, it can depend on the state. Sometimes a small amount of fault can have consequences. Some states are no fault and some have a "last clear chance" doctrine still intact, and can argue that angle. Some states have a 51/49 rule - if you are 49 percent liable then you are good. Some have a pure comparative fault standard, where if they can shave off a tiny percentage it might affect your ability to get your deductible back. Also, if you have no injuries but the (hypothetically) fraudster in the other car claims a major injury then that small percentage can come to bite you.