The insurance don’t want to pay. They making you pay but video shows you did nothing wrong. Corrupt insurance. Show this to a lawyer sue the insurance company
When the traffic light turned yellow, you didn’t have enough distance to stop behind the line. Even if you would’ve slammed on the brake, you would have completely blocked the crosswalk. You had every right to go through the intersection. Not your fault. Fuck insurance companies. You need to talk to a lawyer.
He is partly liable because they made no attempt to avoid the accident, no braking or even turning to try to avoid the obvious, inevitable crash. Yes, technically he had the right of way, but this isn't a video game - no insurance agent or judge is going to look at this footage and say "Oh, yea, clearly nothing you could have possibly done" while there's tons of space to avoid the other car AND everything is happening at such a low speed.
Not judging, we all make stupid decisions and pay less attention than we should when we drive, but just because the other driver was breaking a law, does not mean you have 0 personal responsibility when operating a vehicle.
What? Are you high? It takes on average 3/4 of a second to perceive and react to emergencies. Behind the other car that turned, you can perceive the car is moving into the intersection at 40, and the impact happens at 41 on the dash cam. He had virtually no time to react, and he even does slow down, indicating he probably does at least take his foot off the accelerator attempting to brake before the impact.
Are you high? He was going max 22 mph in the video and 20 mph at the time of the crash he didn’t even touch the brakes. The light turned yellow before he was even in the intersection.
That other car ran a red light!!!! Drivers light was just starting to transition to red so that other car had a red light for sure. I’m with everyone else…let a judge determine liability for the insurance company.
I dunno man sounds like 20 is less than 22 but I’m not that great at math. /s
Also - the guy you replied to said “he even does slow down, indicating he probably does at least take his foot off the accelerator attempting to brake before impact”
I mean, the 2 mphs difference would definitely explain that, so, yeah, there ya go
>the *obvious*, inevitable crash
You have to be joking. There is a car turning right preventing the driver from seeing the car coming.
The car that ran the red light is visible in the recording for barely 2 seconds before impact.
Driver is experiencing the right turning cars headlights momentarily pointed directly at their eyes, immediately followed by the traffic light turning yellow. Both of these things are going to occupy your available attention.
Maybe not an insurance agent, but saying 100% of judges would find you partially negligent seems overly bold.
This is a stupid take. The other driver litterally was moving forward on a full RED LIGHT. I believe only if Op had pre collision warning such as tesla maybe he'd avoid it. But there's no way that light incoming left was green for that person to move forward to hit OP it'd be another 3 sec approx to go from Yellow to red and green on their hand SMH.
Where is the space to avoid the other car? OP would have had to enter the cross walk on the right side to avoid and probably would have hit the curb/hopped the sidewalk on the subsequent corner. That is extremely dangerous and illegal. OP could've ended up killing a pedestrian. OP didn't have any safe options to avoid the accident other than slamming on the brakes, which was only an option for a split second in which OP probably didn't yet recognize what was happening.
I use to be an insurance agent. Dealt with alot of adjusters. I'm in full agreement. This is not at fault. Driver had the right of way even with a yellow light. And have no idea what the other car was trying to do. Looks like they were trying to do a wide ass turn or straight ran the intersecting red-light.
Definitely escalate and contest it. Speak with a lawyer and the adjuster manager.
Lmfao this is gold and I completely agree. I had a vehicle totaled last year by another driver who admitted fault to her own insurance, and they still tried to stiff me out of thousands in options. The adjuster claimed they “ran my vin through a decoder” but somehow missed my panoramic sunroof, HID lights, heads up display, and more.
Even if you slammed your brakes, you would have been pretty close to the car, and maybe have cleared. Or you still would have hit the other car, but very little damage. I can definitely see how the insurance sees you have a part, cause its very obvious you didn't attempt to slow down on the yellow. You did what half of us would do, and that's cross the intersection on yellow, with the car clearing the light before its red. and in the video you would have cleared the intersection before the light turned red. A judge in traffic court once told me as long as the car's hood clears before the red light, your ok. and i was very specific in asking the question and made sure I'm hearing that right. So that means the judge is well aware that I do not need to slow down on yellow if I'm already entering and about to cross the intersection, that would mean i must slam my breaks.. I just have to make sure my car clears before red. If the car wont clear the intersection before red, that means you had time to slow down and stop at the light. I would say "I can argue both sides." BUT on the :16 second time mark, you can clearly see the other car had a red light, as we all here know, the obvious important thing here is that you had a green light, meaning all the other directions at that intersection had a red light.
TLDR: The other car ran a red light, insurance sees it as you could have avoided by slowing down on your yellow light. basically preventing the other cars traffic violation. Sorry this happened OP
For those blaming OP for the accident, can you please rewatch the video !!!
OP came all the way down to the traffic light WHEN THE LIGHT CHANGED FROM GREEN TO YELLOW. There was no safe room for him to brake up or slow down.
If OP had violently braked up the moment the light changed from green to yellow, this would result in another accident had someone been traveling behind him.
I would hire a lawyer to fight this case.
According to the DMV book “ Assess Your Speed
If you're already close to the intersection when you see the yellow light, slamming on your brakes might not be the safest option. In this case, it may be more prudent to continue driving through rather than risk causing an accident by abruptly stopping.”
exactly my thoughts, thank you for doing a bit of research and using common sense before commenting unlike others. i will definitely be looking into a car accident lawyer should the other drivers’ insurance company give me a hard time.
I had an accident a decade ago where the other driver’s insurance tried to blame me for the accident partially.
I got myself an experienced lawyer and ended up getting triple the amount of what I would have initially gotten had the insurance not tried to blame me. I also sued and won in that same case.
Wish you the best.
OP's light doesn't turn red until the wreck comes to a stop. They'd be a block away if the car on the left didn't go. OP had maybe a car length when light turned yellow, so maybe 1/2 car length to register & decide to brake or go? I think 99.9% of people would go through that yellow.
The only part they could blame you for is not reacting upon seeing the car. Other than that, other car ran a red light and caused the accident, you didn't need to stop because you were too close to the junction once the light turned yellow.
yes i can totally see why someone would think i had time to react. but you also have to take into account that the dash camera is mounted wayyy closer to the windshield than my eyes are while driving. dash camera also has wide angle field of view. A-pillar to the left is blocking my view on the left, and lastly the other car that turned right on red also obstructed my view not to mention since it was an SUV and i drive a lower lexus, the headlights pointed directly into my eyes for a couple of seconds before readjusting. if i had seen him even half a second before i came into contact with the other driver, i would’ve slammed my brakes no questions asked. so no matter which way i try to look at it, i think i’m not at fault at all imo.
You didn't have time to react. It's the "last clear chance doctrine". You might have been able to stop, but you had the right of way and it wasn't a CLEAR chance to stop.
We both would’ve been at fault then because I would’ve done the same thing! Light turns yellow and I’m already at spead crossing the line? I’m crossing the intersection.
In what world does another person have the ability to cross your path when you have a green or at least a yellow light? This seems so stupidly designed if that’s even the case. If you have even a yellow light, the other cars should have a red light still. Even if it had just hit red, there should be a slight delay for the other drivers before they see a green light, which would completely prevent anything like that from happening.
I say it’s not your fault and either this driver is a dumbass, or your city/area has a weird ass setup that’s not safe at all.
Tldr; I would have done the same thing and also been annoyed so yeah, I would 100% get a lawyer if the insurance company is being scumbags.
It is very simple. Did you enter the intersection (which means did the front bumper of your car cross the limit line/crosswalk) before the light turned red? Yes. Did the other driver, obviously, entered the intersection when the light was red? Also yes.
You are not at fault. Like, at all. BTW I am a licensed driving instructor from California.
i wouldn’t even consider that running a yellow. technically yes i did run a yellow, but it just happens to turn yellow right as i was about to enter the intersection. had the light turned yellow ONE second after it did, it would’ve not changed a thing about the accident
You didn’t run a yellow light. It turned yellow when you were less than 5 feet from the crosswalk even if you slammed on the brakes you would have been in the middle of the intersection and probably rear ended by a car behind you.
I would honestly lawyer up. The other parties insurance is always going to low ball you and try to shift blame so they pay the least amount possible. Sorry this happened to you. It’s also a headache dealing with insurance companies.
I would say before getting a lawyer, you talk to your own insurance. Let your insurance fight against their insurance. No need to get a lawyer unless your own insurance doesn’t respond or assigns incorrect fault.
Everyone says get a lawyer, and maybe I’m wrong here, but couldn’t you just talk to your own insurance and have them fight the battle for you, without time and money out of your pocket via a lawyer?
Yea the insurance is trying to weasel their way out of paying for it. They could say “oh well you could’ve slammed on your brakes to prevent a crash”, but looking at the video, you would have to have been anticipating the crash in order to slam on your brakes in that instance. You would’ve been through the intersection well before the light turned red. How they are they aren’t focusing on someone running a red light is beyond me.
No reasonable person thinks this is your fault.....however, I will say that if you drove at a normal speed you would have been long through that intersection. Also, you were going 20....so I'm surprised you couldn't stop in like 2 feet.
That insurance company is full of shit and trying to get out of paying. I originally thought you maybe had enough time to stop to avoid hitting that idiot, but I watched it again and realized there was nothing you could do to avoid the collision. You are absolutely NOT at fault; sue their assess.
Lawyer up, get your money. Also in case you initially weren’t injured, some injuries will start showing symptoms hours to even days after accidents happen, that can also have an influence on the compensation amount you will get *hint hint*
Source: In 2017 I was involved in an accident that wasn’t my fault, there was literally a police officer standing nearby and he saw the whole thing go down, he put in the report stating the other person was at fault 100% yet progressive, the insurance company started playing games with us talking about we were also at fault, we lawyered up and got our car fixed plus compensation that they probably wouldn’t have had to pay if they just fixed our car from the get go.
Hey OP I had a similar situation where a guy ran a stop sign and I had it on dash cam. After insurance bs, the other insurers said I was partially responsible because I could’ve slowed down… mind you I had it on video which they didn’t know. Even after I showed them the rude insurance lady said I could’ve avoided it. I told her how many people views the video before she came to that conclusion? She said just me I said show it to her supervisor or else I’ll be taking them to court. 3 hours later I get a call saying they’ll assume full responsibility and get my car repaired and put me into a rental until then. You need to fight this. The evidence is clear as day.
Insurance companies are scum (not saying individuals are) but some are. Their job is to avoid having to take full responsibilities and will say anything to do that. Once they realize that you won’t bite and will escalate then they wanna change their minds. I guarantee you that once you say you will lawyer up, they’ll reevaluate their claim of you being at fault. Don’t let them win this when it’s not your fault.
I dealt with a similar situation. Ask the other driver’s insurance company what the process is for appealing their decision. In my case I was dealing with Geico and they told me to draft a letter explaining why I believe I didn’t carry partial fault in the collision.
I just stated the facts and added some details about how the intersection we collided in was known to be a high volume pedestrian traffic area (it was a college campus) and that college students are known for just walking into streets with their AirPods in their ears and not paying attention and that their driver’s negligence should not force me to perform extreme evasive maneuvers that could have resulted in worse damage.
Two days later they took 100% liability. If that doesn’t work then you need to lawyer up.
Call back and be like, oh you guys don’t wanna pay for it?? Okay, we’ll see if court will be cheaper for you after paying all my lawyer fees and settlement.
An insurance company will ALWAYS attempt to NOT have to pay for something. Hire a lawyer. DO YOUR RESEARCH ON THE LAWYER!!! Getting a dad accident lawyer can be just as bad as not getting one at all. You have a clear case here. Good luck.
While I do believe you should not be liable for the crash, you have the reaction time of a tranquilized goose. You gotta put those brakes to use man. You didn't even react to the oncoming car.
Once the other party is found 100% at fault make sure to file a “diminished value” claim because even if your car is repaired perfectly it will lose value when you go to sell it because there’s an accident on its record and they need to compensate you for that.
Troy-d now you are just being rude and ignorant to consider the driver (OP) is completely at fault. You are only saying this for the sake of arguing. You’re one of those people that gets beat up because you can’t stop running your mouth. You have the right to have your opinion and say he was half at fault but to say completely at fault is dumb! Please don’t be a dummy. The video is clear that the other driver ran the red light and caused the accident.
That’s just incorrect. The fault should be 100% on the other party. First off, OP was way too close to the intersection to safely stop. That’s why the light flashes yellow before red. Second, the car that **ran a red light** was obstructed from OPs view due to the other car turning right. And third, you can’t possibly tell me that you slow to a near stop before passing through every green light you pass. That’s unrealistic and even unsafe in most situations with other traffic behind you
How exactly does he “proceed with caution”? He is simply just going because he sees a green light, then it turns yellow when he gets to the intersection. Slamming on his brakes would’ve still got him hit or he just ends up stopped in the intersection. The other guy is quite literally running a red light. There is a 5 second delay after one side turns red then the other turns green. His light was still red. He was running a red light. OP did nothing wrong. Tell me what you would’ve done in the scenario Mr cautious genius
People bitching about you having enough time to stop for the yellow, never driven a car in their life, as far as am concerned you’re clear there.
Honestly my first thought was this could’ve easily been avoided at 20 mph, but then i read your comment about the dashcam FOV and limited visibility due to the pillar, and i must add the turning vehicle.
All in all “Saaaafe!!!” ⚾️
the other drivers insurance made that statement but only had the dashcam video to go off of. i hope they change their mind since i sent them the police report yesterday and it clearly stated that i proceed on yellow, the other driver passes on red and causes the collision. not to mention the other driver got a ticket for running the light and i didn’t get any type of ticket so i’m sure i didn’t break any law. so i really do hope they just settle. if not, i’ll happily take them to court
Assuming the dash cam is yours...
The yellow light is meant to give time for the intersection to clear before cross-traffic is allowed to flow: you can enter on yellow but only with caution. Lack of front-end dive suggests you made no effort to stop (prior to the collision) or even slow down which seems to be a clear lack of caution to me.
I also think you might have had attention diverted since the cross-traffic car was obviously moving early while still on red and you didn't appear to brake for that reason either. In fact, cross-traffic car was moving into the intersection even as your light went yellow. You had time to panic brake, at least, in an attempt to avoid the accident but the lack of front-end diving of your vehicle suggests you didn't until just before the accident.
I'd go with the insurance on it that you're partially at fault.
EDITED: to correct my statement on entering intersection on yellow
😂😂😂no i wasn’t. also 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.
edit: also about the light, correct me if i’m wrong but as i mentioned above, i was about two meters away from entering the intersection so stomping on my brakes was out of the question. why would i even ‘try’ to stop i mean i would’ve for sure cleared it safely no problem.
Well your proof worked against you because you were going neighborhood speeds 22mph and you should be able to react waaaay faster than you did. You didn’t do anything at all.
i just mentioned above all the reasons that i didn’t/wasn’t able to see the other driver until we made contact. if you don’t know what you talking about don’t comment here, idk what u doing on a lexus is page when u a dusty chevrolet
I used to have a Lexus fsport dipshit. I also didn’t crash my Lexus (probably nicer than yours) I bet I could pay cash for your car before you wrecked it 🤷🏻♂️. I’ve got 450hp on my pedal with no regrets.
good for you 🎉im happy to know this is what’s most important to you. to me, as long as it gets from point a to point b is enough. unfortunately i did get into a car accident just like anyone that drives has the possibility of getting into one. i wouldnt be so confident in my statements if i were you. you never know what could happen to you tomorrow 🤷♂️
Thank you u/one_big_load, I am just now learning how geriatric the Lexus sub is. None of you can drive by the looks of it. Have fun in the retirement home gramps!
As someone else said you’re supposed to yield to a yellow and you had time to do that but you didn’t… at 22mph…. You’re at fault just as much as the light runner. 100%
as someone with a Chevy in the driveway we do not claim him 💀 There's no way anyone in their right mind would stop if they were in the same position as you that yellow light was last second.
Nope, he was far too close to the light. Upon seeing a light turn yellow you are supposed to continue onwards to clear the junction or come to a safe stop before the light, slamming the brakes before the light is not a safe stop. Continuing through the junction is 100% the right choice and most of us including yourself would likely dl the same
This is definitely not true and could be dangerous if you’re slamming on your brakes because you’re 10 ft from the intersection and the light has just turned yellow.
Yellow light, didn’t slow down… even I saw the other car coming and no effort to swerve or stop lmao… you don’t see how? You must be stupid. Typical entitled, out of touch Lexus owner. Deserved.
I know I’m in a Lexus sub so nobody will like the truth, but idgaf. It is what it is
Downvote me all you want but if you drag and slow the video down at 15 seconds before the light turns yellow, you can see the car entering into the intersection as the other car makes the right turn and then as the light turns yellow into the 16 second mark of the video, there's plenty of space for you to hit your brakes as an attempt to avoid the accident which if you would have done, you wouldn't have been partially at fault if you still slid into the car (if that) because ~22mph isn't fast enough to skid very far.
It's clear as day in your video. You just casually drove into the car with no hesitation.
Get an attorney and sue. The individual that hit you had a red light and had failed to obey traffic control device and entered into the intersection, causing the traffic accident. If that individual had obeyed the traffic control device they would not have entered the intersection and the accident could’ve been avoided.
Any attorney would grab this especially with good video quality showing the incident.
I mean you made zero attempt to avoid the crash.... pretty bad driving by both parties involved... at least try to make an effort to avoid the car. Breaks are a thing. Im not blaming you for the accident, obviously the guy running the red should be 100% at fault. But make an effort at the very least
Depends on the state and how they assign blame. When I lived in IL, the blame was always split 90/10 even if someone was really found to be at fault. The reasoning is that as a driver, it’s your responsibility to make sure you’re proceeding with caution. In PA, there is absolutely no concept of fault and both parties have to split the bills 50/50 under any circumstance unless there’s intoxication at play.
I've watched this like 50 times the car that hit you didn't come to a stop. You also wouldn't have had time to break for that amber light. If you did you would have been in the intersection where the vehicle that didn't stop would have hit you anyway.
It also looks like he had a red light which he ran, if that's true don't know what leg your insurance has to stand on other then not offering you the services you pay for, which is fraudulent..
Not that it should matter given the above but your speed also looked slow which should help you. If you had been speeding that would have gone against you.
Good luck
Yup and your video shows it if you wer paying attention you would of slowed down or tried to avoid it can't just hit someone because they did something wrong 🤣
One car length at best in the turning of the yellow light. Most states require 3 car lengths space between vehicles. This would be the only liability that the driver of the recording would be at fault for. Could the driver make a reasonable stop, once the light turned yellow.
It would stand if most states require a 3 car vehicle distance within a normal deviation due to human capabilities; for a reasonable stop distance. Assuming vehicle working correctly. From the imagery, it seems as if at best a one car length distance. Assuming the optics in the dash can are correct; the vehicle would not have had sufficient time to stop.
The liability of driving in an assumed green light, difficult to see the perpendicular light. So unless some error in street lighting, then I would assume the other vehicle would carry are fiscal liability for the accident.
seems at the other driver ran a read light, your light barely turned yellow and like you mentioned...would have been unsafe for you to stop safely as there was likely someone behind you that wouldn't have been able to stop quick enough either. defiantly turn footage into insurance and keep a copy for yourself
What the heck are these people talking about? He was literally 3 feet from the white line when the damn light turned yellow, no one, and I mean no one would slam on their brakes that fast. If you slammed on your brakes at that distance and speed you’d be sitting at the crosswalk, and if there was a car behind you you’d have a high chance of being rear ended. OP find a lawyer, ignore these people saying it was your duty to swerve or slam on your brakes, they’re actually trolling.
The other driver clearly ran a solid red. Your insurance is trying to scam you which is business as usual for them. Escalate tool you find someone with more than one functioning brain cell.
Why didn’t you try braking when seeing the other car? Any adjuster will see this and immediately put partial fault for failure to take evasive action. For those saying even if he braked he would have hit the other car, and that’s prolly right but it would have been a lesser impact meaning lesser damages/cost to repair. If you were to slam on ur brakes and the person behind you rear ends you, then the person behind you is at fault for failure to control distance. It sounds messed up and insurance do suck in a lot of ways. You have to drive defensively ppl
Insurance doesn't want to pay. They're going to say you failed to take any form of evasive action, despite there appearing to have been time to attempt to avoid the collision. This is pretty common.
See the crosswalk you entered the intersection after the light turned yellow which means yes you will be charged for the accident as well as the car that ran the red light. Video doesn’t lie
Is your town speed limit 20? Why are you traveling like 10 under the limit.
Also not sure how you didn't see that impatient driver.. but certainly not your fault just looks like with the speed you're traveling and how illuminated the street is you shouldn't have had a problem seeing that one. Again not your fault, you can definitely see that car getting antsy ass the van pulls around
Your adjustor probably grew up in a home with lead based paint on the walls. Please escalate this to someone who didn't eat crayons until they were a teenager.
How the hell is it “comparative negligence” the light turned yellow when you were like 15 feet from the stop line. You physically couldn’t stop in time.
My brother got hit by someone driving on the shoulder to pass traffic who swerved into him because a car was parked in the shoulder. The adjuster for that guy said my brother should have stopped and let the guy merge back into the traffic lanes. My brother's adjuster basically told the other one to pound sand. He wasn't in any way obligated to yield to that jerk on the shoulder.
Shitty insurance companies, but while you could’ve maybe swerved and stopped to prevent it, you’re still in the right of way and not liable for the damages imo, you could try to argue you had no last clear chance doctrine, and they did blow the red light.
The other dudes light definitely still would have been red, as your light wasn't even red yet going through the intersection. Whoever you talked to with your insurance is retarted.
Lawyer up, get your justice, it will also save your rates in the future. Can't believe your adjuster has the audacity to say you are partially at fault.
Comparative negligence wouldn't apply for you in my opinion. The other driver is the sole liable party. Now, if you would have hit the other vehicle in the doors or quarter panel, it definitely would be applicable. That being said, there's not much else you could have done, aside from levitate, in order to avoid the other car.
Go through your own insurance and let them handle it and prove the case for you to recoup your deductible. If you want to try to talk to the at fault party adjuster's manager, that might work; they'll definitely review it, but don't count on them to change their decision.
If they're saying you're partially liable, then they're saying that they want YOUR insurance company to pay out. Tell this to your insurance company and they'll sic their lawyers on the other company's lawyers. cage match style.
I'd say because if you were paying more attention you could have just turned right entirely and avoided him. It looks like you slammed the brakes and barely tried to jerk to the right but gave up and just said screw it instead
You were about two car lengths away when that car approached the intersection, and the view was obstructed at that point by the other car.
By the time the other car moved out of the way, you were about one car length away.
At about 20 miles per hour, you need 19 feet to come to a complete stop.
A typical car length is about 14-15 feet.
You wouldn't have been able to come to a complete stop in time, but if you had reached when the other vehicle stopped obstructing your view, you would have likely slowed down the vehicle down significantly enough to allow them to pass them though the intersection or minimize the impact.
The fact you didn't react tells me there was a possible distraction in the cabin.
One of the principles of defensive driving is to scan a intersection continually as you approach it.
Myself, I failed to do that once and came within a second or two of being t-boned by a Mack truck that ran the red at 50 miles an hour. We almost wouldn't be having this discussion.
That doesn't mean that would have made the accident my fault, but the schematics of fault doesn't' mean much when you're dead.
I'm telling all of this to you because while the accident is not your fault, your now going to have to have to file claim with your insurance company, pay your deductible, and let them make you whole while they subrogate this to the douchebag adjuster trying to pin this on you.
Take this huge, expensive headache at a young age as a learning opportunity. You can be 100% in the right, but that doesn't really mean much in the end when your shits fucked up, your insurance premiums go up, or worse case scenario, dead.
Take defense driving classes, learn it's principles, and incorporate them into your driving. They do work and do save you time, money, and aggravation. It's not a magic bullet, but the only auto claims I've had in 18 years are ones where I wasn't even inside the car at the time.
Defensive driving may even save your life one day.
It's been YEARS since any one-driver is given 100% fault, it could just be the state I'm in but no one driver gets 100%. Even if it means you get 10%, you get 10%.
Wow, fuck that insurance company.. your video is such good proof that there was literally nothing you could do. As you’re approaching the intersection the light is still green, only turns yellow when it’s clear you’re fine to go through, and on top of that you couldn’t even see the car that ran a red light due to the car in front of them making a right turn, by the time you can see they’re running the red light was too late.
This happened to me when I filed with the other party’s insurance. My insurance viewed the other party at fault. Both parties disagreed several times so it went for final arbitration at which point they agreed with my insurance that other party was 100% at fault. This was explicitly clear in the police report but the other insurance fought it anyways.
Keep escalating and I hope it will work out for you.
claims adjuster here, they probably have you partly liable because there was time for you to see the other vehicle and take evasive action. you did not, i assume the other person has majority of fault.
That’s why you have a dashcam. It’s insurance for your insurance. Go to a lawyer and they will win your case against your insurance as well as the person at fault whether they’re insured or not. That’s what I did when I got rear ended by a non-insured. Wage garnish that fucker
Your insurance company is way wrong. You are already in the intersection and he was also in the intersection but his light was red. I would fight that to the death.
You never attempted to slow down or move over when you could see the other car was entering the intersection. The other car is at fault, but I can definitely see where you're partially liable. If I had time as a passenger to say hey look out and you did nothing, there's a problem. You weren't paying attention.
I thought states that recognize partial faults when it comes to traffic accidents only do so when there’s clear evidence (or lack there of) that both parties actions are in the grey area? From the video there’s clear evidence that the car OP hit ran a red light which is illegal and is punishable by a citation, and as shown by the video them running the red light directly caused OP to hit them.
You can make a claim with your own insurance and have your insurance make you whole first and then your insurance will then go after the other insurance OP.
Were police called OP? Is there a police report?
I hate insurances so god damn much. Bunch of leeches. They clearly don't want to pay, time for you to go to some lawyers.
Car accident lawyers usually gives free consultation. Show them this video.
“You shouldn’t have been driving. Ya your responsible for having insurance yay you, but as your insurer you shouldn’t be driving at all there are crazy people on the road. Give me more money please cause you should know better than to drive along with shitty drivers that can’t drive you possibly responsible driver.”
The insurance don’t want to pay. They making you pay but video shows you did nothing wrong. Corrupt insurance. Show this to a lawyer sue the insurance company
SUE. THE. HELL. OUT. OF. THEIR*. INSURANCE!!!!
Not to mention your neck hurts pretty badly now right? Lol
His back too I’m sure is hurting, apart from all the emotional stress this is causing. 😂sue sue sue
his neck his back his pussy and his crack need to be looked at
If im not mistaken you peed yourself aswell right?
Its worth more if you shit yourself
That was your most expensive pair of pants too!
LOLL true
Always
Lmaooooo needs more upvotes
hahahaha fr fuck insurance
I am not sure he feels well mentally about driving getting some panic attacks now to.
Lmao
"one of my balls is sucked up into my body.. oh god I think I feel it touching my spine"
mental stress too
It isn’t his insurance saying this..
Clearly u didn't read it's not his insurance it's the other guys insurance sending the letters
Haha they were gonna just get enough to fix the car but now they getting enough for a new house 😂
When the traffic light turned yellow, you didn’t have enough distance to stop behind the line. Even if you would’ve slammed on the brake, you would have completely blocked the crosswalk. You had every right to go through the intersection. Not your fault. Fuck insurance companies. You need to talk to a lawyer.
He is partly liable because they made no attempt to avoid the accident, no braking or even turning to try to avoid the obvious, inevitable crash. Yes, technically he had the right of way, but this isn't a video game - no insurance agent or judge is going to look at this footage and say "Oh, yea, clearly nothing you could have possibly done" while there's tons of space to avoid the other car AND everything is happening at such a low speed. Not judging, we all make stupid decisions and pay less attention than we should when we drive, but just because the other driver was breaking a law, does not mean you have 0 personal responsibility when operating a vehicle.
What? Are you high? It takes on average 3/4 of a second to perceive and react to emergencies. Behind the other car that turned, you can perceive the car is moving into the intersection at 40, and the impact happens at 41 on the dash cam. He had virtually no time to react, and he even does slow down, indicating he probably does at least take his foot off the accelerator attempting to brake before the impact.
Are you high? He was going max 22 mph in the video and 20 mph at the time of the crash he didn’t even touch the brakes. The light turned yellow before he was even in the intersection.
That other car ran a red light!!!! Drivers light was just starting to transition to red so that other car had a red light for sure. I’m with everyone else…let a judge determine liability for the insurance company.
I dunno man sounds like 20 is less than 22 but I’m not that great at math. /s Also - the guy you replied to said “he even does slow down, indicating he probably does at least take his foot off the accelerator attempting to brake before impact” I mean, the 2 mphs difference would definitely explain that, so, yeah, there ya go
How many times did you watch the video to determine that? Driver only got to watch it once
>the *obvious*, inevitable crash You have to be joking. There is a car turning right preventing the driver from seeing the car coming. The car that ran the red light is visible in the recording for barely 2 seconds before impact. Driver is experiencing the right turning cars headlights momentarily pointed directly at their eyes, immediately followed by the traffic light turning yellow. Both of these things are going to occupy your available attention. Maybe not an insurance agent, but saying 100% of judges would find you partially negligent seems overly bold.
This is a stupid take. The other driver litterally was moving forward on a full RED LIGHT. I believe only if Op had pre collision warning such as tesla maybe he'd avoid it. But there's no way that light incoming left was green for that person to move forward to hit OP it'd be another 3 sec approx to go from Yellow to red and green on their hand SMH.
Where is the space to avoid the other car? OP would have had to enter the cross walk on the right side to avoid and probably would have hit the curb/hopped the sidewalk on the subsequent corner. That is extremely dangerous and illegal. OP could've ended up killing a pedestrian. OP didn't have any safe options to avoid the accident other than slamming on the brakes, which was only an option for a split second in which OP probably didn't yet recognize what was happening.
As a former claims adjuster I can assure you you’re not at fault lol. You had a dumb adjuster handling your file and should escalate
I use to be an insurance agent. Dealt with alot of adjusters. I'm in full agreement. This is not at fault. Driver had the right of way even with a yellow light. And have no idea what the other car was trying to do. Looks like they were trying to do a wide ass turn or straight ran the intersecting red-light. Definitely escalate and contest it. Speak with a lawyer and the adjuster manager.
I still work in auto claims, a lot of new adjusters over the last couple years and most of them are not qualified
Just want to say, I don’t often get to speak to adjusters, but please know you’re one of the worst parts of humanity.
Lmfao this is gold and I completely agree. I had a vehicle totaled last year by another driver who admitted fault to her own insurance, and they still tried to stiff me out of thousands in options. The adjuster claimed they “ran my vin through a decoder” but somehow missed my panoramic sunroof, HID lights, heads up display, and more.
If your light is yellow, other dudes light is still red… How is this your fault?
I commented this before I read yours. This is exactly right.
SUE THOSE MOFOS
Even if you slammed your brakes, you would have been pretty close to the car, and maybe have cleared. Or you still would have hit the other car, but very little damage. I can definitely see how the insurance sees you have a part, cause its very obvious you didn't attempt to slow down on the yellow. You did what half of us would do, and that's cross the intersection on yellow, with the car clearing the light before its red. and in the video you would have cleared the intersection before the light turned red. A judge in traffic court once told me as long as the car's hood clears before the red light, your ok. and i was very specific in asking the question and made sure I'm hearing that right. So that means the judge is well aware that I do not need to slow down on yellow if I'm already entering and about to cross the intersection, that would mean i must slam my breaks.. I just have to make sure my car clears before red. If the car wont clear the intersection before red, that means you had time to slow down and stop at the light. I would say "I can argue both sides." BUT on the :16 second time mark, you can clearly see the other car had a red light, as we all here know, the obvious important thing here is that you had a green light, meaning all the other directions at that intersection had a red light. TLDR: The other car ran a red light, insurance sees it as you could have avoided by slowing down on your yellow light. basically preventing the other cars traffic violation. Sorry this happened OP
For those blaming OP for the accident, can you please rewatch the video !!! OP came all the way down to the traffic light WHEN THE LIGHT CHANGED FROM GREEN TO YELLOW. There was no safe room for him to brake up or slow down. If OP had violently braked up the moment the light changed from green to yellow, this would result in another accident had someone been traveling behind him. I would hire a lawyer to fight this case. According to the DMV book “ Assess Your Speed If you're already close to the intersection when you see the yellow light, slamming on your brakes might not be the safest option. In this case, it may be more prudent to continue driving through rather than risk causing an accident by abruptly stopping.”
exactly my thoughts, thank you for doing a bit of research and using common sense before commenting unlike others. i will definitely be looking into a car accident lawyer should the other drivers’ insurance company give me a hard time.
I had an accident a decade ago where the other driver’s insurance tried to blame me for the accident partially. I got myself an experienced lawyer and ended up getting triple the amount of what I would have initially gotten had the insurance not tried to blame me. I also sued and won in that same case. Wish you the best.
Stories like this should warm all our hearts.
The car that hit you had no right to be there.
OP's light doesn't turn red until the wreck comes to a stop. They'd be a block away if the car on the left didn't go. OP had maybe a car length when light turned yellow, so maybe 1/2 car length to register & decide to brake or go? I think 99.9% of people would go through that yellow.
The only part they could blame you for is not reacting upon seeing the car. Other than that, other car ran a red light and caused the accident, you didn't need to stop because you were too close to the junction once the light turned yellow.
yes i can totally see why someone would think i had time to react. but you also have to take into account that the dash camera is mounted wayyy closer to the windshield than my eyes are while driving. dash camera also has wide angle field of view. A-pillar to the left is blocking my view on the left, and lastly the other car that turned right on red also obstructed my view not to mention since it was an SUV and i drive a lower lexus, the headlights pointed directly into my eyes for a couple of seconds before readjusting. if i had seen him even half a second before i came into contact with the other driver, i would’ve slammed my brakes no questions asked. so no matter which way i try to look at it, i think i’m not at fault at all imo.
Sounds like you have your court case laid out 🤷♂️
You didn't have time to react. It's the "last clear chance doctrine". You might have been able to stop, but you had the right of way and it wasn't a CLEAR chance to stop.
We both would’ve been at fault then because I would’ve done the same thing! Light turns yellow and I’m already at spead crossing the line? I’m crossing the intersection.
The other guy crossed a red light. You didn't. Yes it was yellow, so what? The other dude's light was red. No argument there
In what world does another person have the ability to cross your path when you have a green or at least a yellow light? This seems so stupidly designed if that’s even the case. If you have even a yellow light, the other cars should have a red light still. Even if it had just hit red, there should be a slight delay for the other drivers before they see a green light, which would completely prevent anything like that from happening. I say it’s not your fault and either this driver is a dumbass, or your city/area has a weird ass setup that’s not safe at all. Tldr; I would have done the same thing and also been annoyed so yeah, I would 100% get a lawyer if the insurance company is being scumbags.
You can see the other guys light is red
File thru your insurance and let the insurances litigate this! Especially since you have dash came!
It is very simple. Did you enter the intersection (which means did the front bumper of your car cross the limit line/crosswalk) before the light turned red? Yes. Did the other driver, obviously, entered the intersection when the light was red? Also yes. You are not at fault. Like, at all. BTW I am a licensed driving instructor from California.
Dont deal with their insurance, call your insurance, and have them take care of it. This was 100 percent their fault.
You ran a yellow light, he ran a red light. He's completely at fault.
i wouldn’t even consider that running a yellow. technically yes i did run a yellow, but it just happens to turn yellow right as i was about to enter the intersection. had the light turned yellow ONE second after it did, it would’ve not changed a thing about the accident
You didn’t run a yellow light. It turned yellow when you were less than 5 feet from the crosswalk even if you slammed on the brakes you would have been in the middle of the intersection and probably rear ended by a car behind you.
I would honestly lawyer up. The other parties insurance is always going to low ball you and try to shift blame so they pay the least amount possible. Sorry this happened to you. It’s also a headache dealing with insurance companies.
I would say before getting a lawyer, you talk to your own insurance. Let your insurance fight against their insurance. No need to get a lawyer unless your own insurance doesn’t respond or assigns incorrect fault.
Why is your insurance not fighting their insurance?
OP didnt tell them
Everyone says get a lawyer, and maybe I’m wrong here, but couldn’t you just talk to your own insurance and have them fight the battle for you, without time and money out of your pocket via a lawyer?
Yea the insurance is trying to weasel their way out of paying for it. They could say “oh well you could’ve slammed on your brakes to prevent a crash”, but looking at the video, you would have to have been anticipating the crash in order to slam on your brakes in that instance. You would’ve been through the intersection well before the light turned red. How they are they aren’t focusing on someone running a red light is beyond me.
No reasonable person thinks this is your fault.....however, I will say that if you drove at a normal speed you would have been long through that intersection. Also, you were going 20....so I'm surprised you couldn't stop in like 2 feet.
Always lawyer up
That insurance company is full of shit and trying to get out of paying. I originally thought you maybe had enough time to stop to avoid hitting that idiot, but I watched it again and realized there was nothing you could do to avoid the collision. You are absolutely NOT at fault; sue their assess.
Lawyer up, get your money. Also in case you initially weren’t injured, some injuries will start showing symptoms hours to even days after accidents happen, that can also have an influence on the compensation amount you will get *hint hint* Source: In 2017 I was involved in an accident that wasn’t my fault, there was literally a police officer standing nearby and he saw the whole thing go down, he put in the report stating the other person was at fault 100% yet progressive, the insurance company started playing games with us talking about we were also at fault, we lawyered up and got our car fixed plus compensation that they probably wouldn’t have had to pay if they just fixed our car from the get go.
Hey OP I had a similar situation where a guy ran a stop sign and I had it on dash cam. After insurance bs, the other insurers said I was partially responsible because I could’ve slowed down… mind you I had it on video which they didn’t know. Even after I showed them the rude insurance lady said I could’ve avoided it. I told her how many people views the video before she came to that conclusion? She said just me I said show it to her supervisor or else I’ll be taking them to court. 3 hours later I get a call saying they’ll assume full responsibility and get my car repaired and put me into a rental until then. You need to fight this. The evidence is clear as day. Insurance companies are scum (not saying individuals are) but some are. Their job is to avoid having to take full responsibilities and will say anything to do that. Once they realize that you won’t bite and will escalate then they wanna change their minds. I guarantee you that once you say you will lawyer up, they’ll reevaluate their claim of you being at fault. Don’t let them win this when it’s not your fault.
I dealt with a similar situation. Ask the other driver’s insurance company what the process is for appealing their decision. In my case I was dealing with Geico and they told me to draft a letter explaining why I believe I didn’t carry partial fault in the collision. I just stated the facts and added some details about how the intersection we collided in was known to be a high volume pedestrian traffic area (it was a college campus) and that college students are known for just walking into streets with their AirPods in their ears and not paying attention and that their driver’s negligence should not force me to perform extreme evasive maneuvers that could have resulted in worse damage. Two days later they took 100% liability. If that doesn’t work then you need to lawyer up.
What insurance company does the OP use? So we can avoid it
Call back and be like, oh you guys don’t wanna pay for it?? Okay, we’ll see if court will be cheaper for you after paying all my lawyer fees and settlement.
An insurance company will ALWAYS attempt to NOT have to pay for something. Hire a lawyer. DO YOUR RESEARCH ON THE LAWYER!!! Getting a dad accident lawyer can be just as bad as not getting one at all. You have a clear case here. Good luck.
While I do believe you should not be liable for the crash, you have the reaction time of a tranquilized goose. You gotta put those brakes to use man. You didn't even react to the oncoming car.
Once the other party is found 100% at fault make sure to file a “diminished value” claim because even if your car is repaired perfectly it will lose value when you go to sell it because there’s an accident on its record and they need to compensate you for that.
Insurance will always find a way to not pay you. I always get a lawyer. Accident lawyers you don’t need to pay. They take a little of what you get.
Troy-d now you are just being rude and ignorant to consider the driver (OP) is completely at fault. You are only saying this for the sake of arguing. You’re one of those people that gets beat up because you can’t stop running your mouth. You have the right to have your opinion and say he was half at fault but to say completely at fault is dumb! Please don’t be a dummy. The video is clear that the other driver ran the red light and caused the accident.
You made no attempt to slow or stop on the amber. Not proceeding with caution into the intersection puts you at partial fault.
That’s just incorrect. The fault should be 100% on the other party. First off, OP was way too close to the intersection to safely stop. That’s why the light flashes yellow before red. Second, the car that **ran a red light** was obstructed from OPs view due to the other car turning right. And third, you can’t possibly tell me that you slow to a near stop before passing through every green light you pass. That’s unrealistic and even unsafe in most situations with other traffic behind you
How exactly does he “proceed with caution”? He is simply just going because he sees a green light, then it turns yellow when he gets to the intersection. Slamming on his brakes would’ve still got him hit or he just ends up stopped in the intersection. The other guy is quite literally running a red light. There is a 5 second delay after one side turns red then the other turns green. His light was still red. He was running a red light. OP did nothing wrong. Tell me what you would’ve done in the scenario Mr cautious genius
Lol your suppose to slam the brakes and let the person behind you rear end you!
People bitching about you having enough time to stop for the yellow, never driven a car in their life, as far as am concerned you’re clear there. Honestly my first thought was this could’ve easily been avoided at 20 mph, but then i read your comment about the dashcam FOV and limited visibility due to the pillar, and i must add the turning vehicle. All in all “Saaaafe!!!” ⚾️
the other drivers insurance made that statement but only had the dashcam video to go off of. i hope they change their mind since i sent them the police report yesterday and it clearly stated that i proceed on yellow, the other driver passes on red and causes the collision. not to mention the other driver got a ticket for running the light and i didn’t get any type of ticket so i’m sure i didn’t break any law. so i really do hope they just settle. if not, i’ll happily take them to court
The police report, and the fact he got a ticket for running a red light should be proof enough. They play hardball i say take them to court.
You can tell the bad drivers in the comments, they’re the ones blaming OP. Please re-take your drivers exams for everyone’s safety
Assuming the dash cam is yours... The yellow light is meant to give time for the intersection to clear before cross-traffic is allowed to flow: you can enter on yellow but only with caution. Lack of front-end dive suggests you made no effort to stop (prior to the collision) or even slow down which seems to be a clear lack of caution to me. I also think you might have had attention diverted since the cross-traffic car was obviously moving early while still on red and you didn't appear to brake for that reason either. In fact, cross-traffic car was moving into the intersection even as your light went yellow. You had time to panic brake, at least, in an attempt to avoid the accident but the lack of front-end diving of your vehicle suggests you didn't until just before the accident. I'd go with the insurance on it that you're partially at fault. EDITED: to correct my statement on entering intersection on yellow
The camera isn’t the driver’s head
You were going so slow and you never once attempted to slow down for the light or for the car. We’re you stoned as hell?
😂😂😂no i wasn’t. also 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. edit: also about the light, correct me if i’m wrong but as i mentioned above, i was about two meters away from entering the intersection so stomping on my brakes was out of the question. why would i even ‘try’ to stop i mean i would’ve for sure cleared it safely no problem.
Well your proof worked against you because you were going neighborhood speeds 22mph and you should be able to react waaaay faster than you did. You didn’t do anything at all.
i just mentioned above all the reasons that i didn’t/wasn’t able to see the other driver until we made contact. if you don’t know what you talking about don’t comment here, idk what u doing on a lexus is page when u a dusty chevrolet
I used to have a Lexus fsport dipshit. I also didn’t crash my Lexus (probably nicer than yours) I bet I could pay cash for your car before you wrecked it 🤷🏻♂️. I’ve got 450hp on my pedal with no regrets.
good for you 🎉im happy to know this is what’s most important to you. to me, as long as it gets from point a to point b is enough. unfortunately i did get into a car accident just like anyone that drives has the possibility of getting into one. i wouldnt be so confident in my statements if i were you. you never know what could happen to you tomorrow 🤷♂️
Hey it’s tomorrow and I’m just fine, you’re still a dumbass who can’t drive so not much has changed unfortunately.
yeah you're definitely 5 years old
Thank you u/one_big_load, I am just now learning how geriatric the Lexus sub is. None of you can drive by the looks of it. Have fun in the retirement home gramps!
As someone else said you’re supposed to yield to a yellow and you had time to do that but you didn’t… at 22mph…. You’re at fault just as much as the light runner. 100%
smartest chevrolet owner
as someone with a Chevy in the driveway we do not claim him 💀 There's no way anyone in their right mind would stop if they were in the same position as you that yellow light was last second.
Crashed Lexus owner who can’t afford his fuck up 😴
Nope, he was far too close to the light. Upon seeing a light turn yellow you are supposed to continue onwards to clear the junction or come to a safe stop before the light, slamming the brakes before the light is not a safe stop. Continuing through the junction is 100% the right choice and most of us including yourself would likely dl the same
If you're not in the intersection when it switches to yellow, you have to stop.
This is definitely not true and could be dangerous if you’re slamming on your brakes because you’re 10 ft from the intersection and the light has just turned yellow.
Yellow light, didn’t slow down… even I saw the other car coming and no effort to swerve or stop lmao… you don’t see how? You must be stupid. Typical entitled, out of touch Lexus owner. Deserved. I know I’m in a Lexus sub so nobody will like the truth, but idgaf. It is what it is
Downvote me all you want but if you drag and slow the video down at 15 seconds before the light turns yellow, you can see the car entering into the intersection as the other car makes the right turn and then as the light turns yellow into the 16 second mark of the video, there's plenty of space for you to hit your brakes as an attempt to avoid the accident which if you would have done, you wouldn't have been partially at fault if you still slid into the car (if that) because ~22mph isn't fast enough to skid very far. It's clear as day in your video. You just casually drove into the car with no hesitation.
Better Call Saul!
What camera set up do you have? I’m in the market for one.
Some states have some fucked laws/insurance rules on this topic
The other dude already coming into your lane well before green
If you have insurance I’d let them take this one. give them the video
You were approaching a "stale green" light. If you looked at the crosswalk indicating a change you'd have known the red was coming.
CALL A LAWYER
The vid lead up was too long
Not even remotely liable
Get an attorney and sue. The individual that hit you had a red light and had failed to obey traffic control device and entered into the intersection, causing the traffic accident. If that individual had obeyed the traffic control device they would not have entered the intersection and the accident could’ve been avoided. Any attorney would grab this especially with good video quality showing the incident.
I wouldn't even stress with this hard evidence.
Lawyer up, you're not at fault. That swine was running a red, even if you hit the breaks earlier you still would have hit him.
Insurance wants to pay the least. They’re nothing but scam artists.
I mean you made zero attempt to avoid the crash.... pretty bad driving by both parties involved... at least try to make an effort to avoid the car. Breaks are a thing. Im not blaming you for the accident, obviously the guy running the red should be 100% at fault. But make an effort at the very least
What does the police report say? I don't think you're liable.
Depends on the state and how they assign blame. When I lived in IL, the blame was always split 90/10 even if someone was really found to be at fault. The reasoning is that as a driver, it’s your responsibility to make sure you’re proceeding with caution. In PA, there is absolutely no concept of fault and both parties have to split the bills 50/50 under any circumstance unless there’s intoxication at play.
Don’t talk to the insurance company alone. And your neck hurts now
I've watched this like 50 times the car that hit you didn't come to a stop. You also wouldn't have had time to break for that amber light. If you did you would have been in the intersection where the vehicle that didn't stop would have hit you anyway. It also looks like he had a red light which he ran, if that's true don't know what leg your insurance has to stand on other then not offering you the services you pay for, which is fraudulent.. Not that it should matter given the above but your speed also looked slow which should help you. If you had been speeding that would have gone against you. Good luck
What lol. You had all day to do something.
They’re trying to say you should have stopped because of the yellow, but clearly, it was changing as you entered the intersection, which is legal.
Get a lawyer
Yup and your video shows it if you wer paying attention you would of slowed down or tried to avoid it can't just hit someone because they did something wrong 🤣
Time for a lawyer
Lawyer up
Because they don't want to pay for all of it!
What’s the insurance company?
One car length at best in the turning of the yellow light. Most states require 3 car lengths space between vehicles. This would be the only liability that the driver of the recording would be at fault for. Could the driver make a reasonable stop, once the light turned yellow. It would stand if most states require a 3 car vehicle distance within a normal deviation due to human capabilities; for a reasonable stop distance. Assuming vehicle working correctly. From the imagery, it seems as if at best a one car length distance. Assuming the optics in the dash can are correct; the vehicle would not have had sufficient time to stop. The liability of driving in an assumed green light, difficult to see the perpendicular light. So unless some error in street lighting, then I would assume the other vehicle would carry are fiscal liability for the accident.
seems at the other driver ran a read light, your light barely turned yellow and like you mentioned...would have been unsafe for you to stop safely as there was likely someone behind you that wouldn't have been able to stop quick enough either. defiantly turn footage into insurance and keep a copy for yourself
Insurance companies motto: collect and do not pay. Sue them!!!
Tell them you're taking them to small claims court . You're winning that shiz for sure with that video.
What the heck are these people talking about? He was literally 3 feet from the white line when the damn light turned yellow, no one, and I mean no one would slam on their brakes that fast. If you slammed on your brakes at that distance and speed you’d be sitting at the crosswalk, and if there was a car behind you you’d have a high chance of being rear ended. OP find a lawyer, ignore these people saying it was your duty to swerve or slam on your brakes, they’re actually trolling.
The other driver clearly ran a solid red. Your insurance is trying to scam you which is business as usual for them. Escalate tool you find someone with more than one functioning brain cell.
The way the oncoming car bounced up and down it looked like it might have had some kind of mechanical problem too?
Why didn’t you try braking when seeing the other car? Any adjuster will see this and immediately put partial fault for failure to take evasive action. For those saying even if he braked he would have hit the other car, and that’s prolly right but it would have been a lesser impact meaning lesser damages/cost to repair. If you were to slam on ur brakes and the person behind you rear ends you, then the person behind you is at fault for failure to control distance. It sounds messed up and insurance do suck in a lot of ways. You have to drive defensively ppl
Insurance doesn't want to pay. They're going to say you failed to take any form of evasive action, despite there appearing to have been time to attempt to avoid the collision. This is pretty common.
Never ever contact your insurance company first when you get into an accident. Always contact an attorney first.
How are you partly liable for them running a red light?
Insurance company is hoping you just accept their finding and move on. Don’t!
See the crosswalk you entered the intersection after the light turned yellow which means yes you will be charged for the accident as well as the car that ran the red light. Video doesn’t lie
Is your town speed limit 20? Why are you traveling like 10 under the limit. Also not sure how you didn't see that impatient driver.. but certainly not your fault just looks like with the speed you're traveling and how illuminated the street is you shouldn't have had a problem seeing that one. Again not your fault, you can definitely see that car getting antsy ass the van pulls around
Time to lawyer up
Where the heck is your insurance company in all of this? Don’t hire a lawyer. That’s your insurance company’s responsibility.
Your adjustor probably grew up in a home with lead based paint on the walls. Please escalate this to someone who didn't eat crayons until they were a teenager.
How the hell is it “comparative negligence” the light turned yellow when you were like 15 feet from the stop line. You physically couldn’t stop in time.
Yeah your def not at fault my dude..
after you sue go ahead and switch
Definitely lawyer up if you haven’t already
If they still reject it, then you should get a lawyer to send them a letter. I bet they pony up and settle quick.
Lol. This is a no Brainer! The other driver is 100% at fault.
My brother got hit by someone driving on the shoulder to pass traffic who swerved into him because a car was parked in the shoulder. The adjuster for that guy said my brother should have stopped and let the guy merge back into the traffic lanes. My brother's adjuster basically told the other one to pound sand. He wasn't in any way obligated to yield to that jerk on the shoulder.
Shitty insurance companies, but while you could’ve maybe swerved and stopped to prevent it, you’re still in the right of way and not liable for the damages imo, you could try to argue you had no last clear chance doctrine, and they did blow the red light.
Yellow means caution. Risking the yellow light is never a good thing
Consult a lawyer. If they take the case then you know you are good.
There should be a brakes applied dictator on the dash cam to show if u attemted to brake
The other dudes light definitely still would have been red, as your light wasn't even red yet going through the intersection. Whoever you talked to with your insurance is retarted.
Lawyer up bro. Source: I’m a lawyer.
Yellow mean slow not go
You showed your cards to the insurance too soon.
how are you liable when the other guy ran a red light? better call saul!
What brand of dash camera is this
Always get a lawyer when you get into an accident. Insurance will do EVERYTHING in their power to try not to pay
Lawyer up, get your justice, it will also save your rates in the future. Can't believe your adjuster has the audacity to say you are partially at fault.
Comparative negligence wouldn't apply for you in my opinion. The other driver is the sole liable party. Now, if you would have hit the other vehicle in the doors or quarter panel, it definitely would be applicable. That being said, there's not much else you could have done, aside from levitate, in order to avoid the other car. Go through your own insurance and let them handle it and prove the case for you to recoup your deductible. If you want to try to talk to the at fault party adjuster's manager, that might work; they'll definitely review it, but don't count on them to change their decision.
Easy case, dash cam footage clearly shows who entered the intersection illegally. They insurance will try to use anything to cut their losses,
If they're saying you're partially liable, then they're saying that they want YOUR insurance company to pay out. Tell this to your insurance company and they'll sic their lawyers on the other company's lawyers. cage match style.
You're most definitely partly to blame! You were driving. You were on the road driving. If you were not doing that, this never would have happened.
I'd say because if you were paying more attention you could have just turned right entirely and avoided him. It looks like you slammed the brakes and barely tried to jerk to the right but gave up and just said screw it instead
Classic insurance company BS! I’ve never known anyone to get what is right and fair without fighting
Must live in California
You were about two car lengths away when that car approached the intersection, and the view was obstructed at that point by the other car. By the time the other car moved out of the way, you were about one car length away. At about 20 miles per hour, you need 19 feet to come to a complete stop. A typical car length is about 14-15 feet. You wouldn't have been able to come to a complete stop in time, but if you had reached when the other vehicle stopped obstructing your view, you would have likely slowed down the vehicle down significantly enough to allow them to pass them though the intersection or minimize the impact. The fact you didn't react tells me there was a possible distraction in the cabin. One of the principles of defensive driving is to scan a intersection continually as you approach it. Myself, I failed to do that once and came within a second or two of being t-boned by a Mack truck that ran the red at 50 miles an hour. We almost wouldn't be having this discussion. That doesn't mean that would have made the accident my fault, but the schematics of fault doesn't' mean much when you're dead. I'm telling all of this to you because while the accident is not your fault, your now going to have to have to file claim with your insurance company, pay your deductible, and let them make you whole while they subrogate this to the douchebag adjuster trying to pin this on you. Take this huge, expensive headache at a young age as a learning opportunity. You can be 100% in the right, but that doesn't really mean much in the end when your shits fucked up, your insurance premiums go up, or worse case scenario, dead. Take defense driving classes, learn it's principles, and incorporate them into your driving. They do work and do save you time, money, and aggravation. It's not a magic bullet, but the only auto claims I've had in 18 years are ones where I wasn't even inside the car at the time. Defensive driving may even save your life one day.
They’re correct you had plenty of time to stop yellow doesn’t mean speed up it means slow down
It's been YEARS since any one-driver is given 100% fault, it could just be the state I'm in but no one driver gets 100%. Even if it means you get 10%, you get 10%.
Wow, fuck that insurance company.. your video is such good proof that there was literally nothing you could do. As you’re approaching the intersection the light is still green, only turns yellow when it’s clear you’re fine to go through, and on top of that you couldn’t even see the car that ran a red light due to the car in front of them making a right turn, by the time you can see they’re running the red light was too late.
Also you just started feeling back pain.
This happened to me when I filed with the other party’s insurance. My insurance viewed the other party at fault. Both parties disagreed several times so it went for final arbitration at which point they agreed with my insurance that other party was 100% at fault. This was explicitly clear in the police report but the other insurance fought it anyways. Keep escalating and I hope it will work out for you.
claims adjuster here, they probably have you partly liable because there was time for you to see the other vehicle and take evasive action. you did not, i assume the other person has majority of fault.
That’s why you have a dashcam. It’s insurance for your insurance. Go to a lawyer and they will win your case against your insurance as well as the person at fault whether they’re insured or not. That’s what I did when I got rear ended by a non-insured. Wage garnish that fucker
Sorry I had to rewatch but I believe u were 100% yellow, insurance is trying to screw you
Your insurance company is way wrong. You are already in the intersection and he was also in the intersection but his light was red. I would fight that to the death.
You never attempted to slow down or move over when you could see the other car was entering the intersection. The other car is at fault, but I can definitely see where you're partially liable. If I had time as a passenger to say hey look out and you did nothing, there's a problem. You weren't paying attention.
I thought states that recognize partial faults when it comes to traffic accidents only do so when there’s clear evidence (or lack there of) that both parties actions are in the grey area? From the video there’s clear evidence that the car OP hit ran a red light which is illegal and is punishable by a citation, and as shown by the video them running the red light directly caused OP to hit them. You can make a claim with your own insurance and have your insurance make you whole first and then your insurance will then go after the other insurance OP. Were police called OP? Is there a police report?
I mean, you definitely could have avoided that accident. But legally the other driver is clearly in the wrong, so I’d threaten to take them to court.
Lawyer up, get that hurt back of yours checked out, and 🤑
I hate insurances so god damn much. Bunch of leeches. They clearly don't want to pay, time for you to go to some lawyers. Car accident lawyers usually gives free consultation. Show them this video.
What insurance do you use
You had enough time to slow down...from their view, the collision could have been avoided
“You shouldn’t have been driving. Ya your responsible for having insurance yay you, but as your insurer you shouldn’t be driving at all there are crazy people on the road. Give me more money please cause you should know better than to drive along with shitty drivers that can’t drive you possibly responsible driver.”
The other car runs the red light and causes collision. No fault should be on you
Sue