Accident Summary: Fully At Fault, Same Insurance Carrier, One Injured Party
Recently, a parking lot accident resulted in one driver being deemed entirely at fault, despite being injured themselves. Here’s a detailed look at what transpired and the consequences that followed:
Incident Overview:
In a parking lot collision, Driver 1 was entering from a main road while Driver 2 was crossing the entrance/exit lane, which lacked any traffic controls (like stop signs). Driver 1 struck the passenger side of Driver 2’s vehicle, causing $5,000 in damages, including a smashed front wheel and damage to the passenger quarter panel as well as the front and rear doors. Neither airbag deployed, but Driver 2 sustained head and abdominal injuries that required ambulance transport. Driver 1 reported no injuries or damage to their vehicle.
Law Enforcement Involvement:
Driver 1 reached out to a law enforcement officer (LEO) who was a friend, and this officer contacted Driver 2 at the scene to assess their medical needs. After Driver 2 indicated they required medical attention, the LEO arrived to document the scene with photographs and filed a report that placed fault on Driver 2. The LEO later visited Driver 2 in the hospital to issue a citation for careless driving. No independent witnesses or surveillance footage was available to support either driver’s account.
Insurance Adjusters’ Findings:
Both drivers were covered by the same insurance carrier, and their adjusters made multiple attempts to reach Driver 2 for a recorded statement over a two-week period. However, due to Driver 2’s ongoing recovery, there was no response. Eventually, both adjusters sent out identical notifications attributing full fault to Driver 2.
Important Context:
- The accident took place in a No-Fault state, where each party’s insurance generally covers their medical expenses irrespective of blame. However, determining fault can still affect liability for vehicle repairs.
- The relationship between the LEO and Driver 1 raises concerns about potential bias in the fault determination.
Key Takeaways:
- The lack of a statement from Driver 2 or third-party evidence meant the LEO’s report significantly influenced the adjusters’ decision on fault.
- As a result, Driver 2 now faces both legal and financial repercussions (including a citation and repair costs) despite being the injured party. This case illustrates how procedural shortcomings, differing accounts, and institutional dynamics can impact outcomes in traffic incidents.
Advice for Driver 2: What steps should they take moving forward?
Feel free to share your thoughts or experiences!
In this situation, it’s crucial for Driver 2 to take several important steps to ensure their rights are protected and to potentially challenge the findings against them. Here’s how I would advise Driver 2:
Medical Documentation: Focus on documenting all medical treatments and expenses related to the injuries sustained in the accident. This includes keeping records of hospital visits, doctor appointments, and any ongoing physical therapy.
Legal Counsel: Consult with an attorney who specializes in traffic accidents or personal injury cases. They can provide guidance on how to dispute the citation and the insurance findings, especially given the circumstances surrounding the LEO’s involvement.
Gather Evidence: Although there may not be independent witnesses or camera footage, any additional evidence that could support Driver 2’s account—such as pictures of the scene, traffic patterns, or testimonies from anyone nearby—should be collected and preserved.
Insurance Communication: Maintain open communication with the insurance company, providing any necessary information and updates about medical treatments. It may also be advantageous to request a reconsideration of the fault determination, especially with legal representation.
Dispute the Citation: Driver 2 should consider contesting the citation for careless driving. This may involve attending a court appearance and presenting their case, potentially with the assistance of an attorney.
Understand No-Fault Laws: Familiarize themselves with the specifics of no-fault insurance laws in their state. While these laws primarily relate to medical costs, they can also impact vehicle damage claims, and understanding this can provide leverage in discussions with their insurer.
Voice Concerns: If Driver 2 feels the LEO’s report was biased due to personal connections, they should express these concerns formally, either through legal counsel or directly with the police department, as this may affect the credibility of the citation.
Consider Additional Coverage: Depending on the outcome and ongoing issues, consider speaking with their insurance company about additional coverage options that could help with future incidents, including uninsured motorist coverage or coverage for legal expenses.
It’s crucial for Driver 2 to take proactive steps and not to let the initial determination dissuade them from seeking justice and compensation for their injuries and damages.