Seeking Advice: NYC Left-Turn Accident – Other Driver, Now maybe Suing Me (GEICO Insured, Acknowledging Partial Fault)

Advice Needed: NYC Left-Turn Accident – Other Driver May Sue Me (GEICO Insured, Accepting Partial Fault)

Hi r/insurance,

I’m reaching out for some advice regarding an auto claim and a potential legal issue I’m facing. I’m insured with GEICO, and I was in an accident in NYC on a Saturday night around 10:30 PM. The conditions were poor—foggy, drizzling, and dark—significantly affecting visibility and reaction time.

I had a green light (not a protected arrow) and was waiting to make a left turn onto a street that merges with a highway. I understand that left-turning drivers must yield to oncoming traffic and accept that I might hold some responsibility for the accident. However, I’m concerned about how GEICO is managing the case, especially since the other driver might be suing me.

As I prepared to turn, the oncoming driver flashed their headlights, which I interpreted as a signal for me to go. I started my left turn, but the driver didn’t slow down and ended up striking my vehicle on the front right side with significant force. This collision spun my car 90 degrees, causing major engine damage and injuring my left hand. The other driver’s airbags deployed, and debris was scattered across the road. Thankfully, no one was severely injured.

After exchanging IDs, the other driver remarked, “I was in a rush. I flashed my lights for you to not go.” When the police were called, he asked me to let him know when they arrived, then left the scene about 10 minutes later. He claimed his vehicle was towed, but I didn’t see any tow truck, so I suspect he left for the highway instead.

The NYPD showed up about three hours later. While the other driver’s passenger claimed to be injured, they refused emergency medical services along with the rest of us.

Fast forward to now: I’ve been informed that the other driver is possibly suing me and claiming injury. GEICO has assigned me 100% liability and is preparing to settle. When I inquired about this decision, I was told that in New York, left-turning drivers are typically deemed at fault, and police reports in NYC are often considered unreliable or delayed. I’ve submitted a FOIL request to the NYC DOT for any available traffic camera footage, even if it ultimately supports their view of my fault. I’ve been driving for around seven years without any prior accidents.

I want to handle this situation responsibly and fairly. While I acknowledge I may have made a judgment error, I believe there are several factors at play, including:
– Poor weather and visibility conditions
– Miscommunication from the other driver flashing their headlights
– The other driver failing to slow down or react
– The fact that the other driver left the scene before talking to the police
– A potential exaggeration of injury claims, as no one at the scene accepted medical care (though I understand injuries can manifest later)

Unfortunately, I don’t have collision coverage for my older vehicle, which I consider a total loss due to engine damage that exceeds $4,000.

According to GEICO, staying on the scene isn’t necessary since police reports are often unreliable and they don’t determine liability.

My questions are:
1. Is it common for GEICO to assign 100% liability this early in the process? Can I challenge this decision based on comparative negligence?
2. Does the other driver’s departure from the scene prior to police arrival have any impact on liability or legal proceedings?
3. Should I consider hiring my own attorney, given that GEICO is obligated to defend me?
4. Any tips for navigating this next phase or advocating for myself?

I would greatly appreciate any insights from adjusters, attorneys, or those familiar with GEICO’s claims process in New York. Thank you for your help!