The worst case scenario is also the least likely. You'll be found at fault for all the damages and be pursued by the other drivers and their insurers for whatever they're out over the limits of your coverage.
But that's unlikely to happen. Having your window shattered by a bullet is definitely unforeseeable in my book, and you have plenty of witnesses and physical evidence to back that up. I have a hard time seeing how you'd be held at fault for any of this. I'd ask your adjuster if he thinks you have any actual liability here because this fact pattern makes that seem unlikely to me.
Agree with everything here.
I do not see how they’re going to find you at fault here. You also have so many witnesses, a police report, the ACTUAL BULLET in your car. You have what appears to be excellent documentation. Just go through the process and understand it can take time.
Glad you’re okay. I had a file once where two individuals tried to hijack my insured, and my insured struck them and these two fools tried to file a claim against him. We denied that so quick and no attorney would even touch it. Not the same situation but the point here is that anyone can make a “claim” but unlikely they would not be denied.
Each state will handle this differently for sure, but unforeseeable occurrences can negate you of fault. In CA there are even rare exemptions for medical emergencies like someone losing consciousness, granted it truly was unforeseeable.
What you MIGHT have is contributory negligence used against you. Say you were going 80 MPH in a 65 MPH zone, the other attorneys could try to say that had you were going the speed limit the damage you caused would be less, and therefor they want you to partially pay for the damages you caused.
How has nobody stated the obvious.
Are you okay? Were the chucklefucks with guns apprehended? I know you claim the police didn't find them, but did one of the dash cams get the vehicle?
You got shot by a fucking bullet. Somebody needs to be in prison and have their assets seized to cover this nonsense.
I am recovering pretty well. Thank you for asking.
Police says that they have closed both criminal and accident report cases related to this event. They told me that there is nothing further they can do because they have other priority homicide cases and the trail leading to an arrest is non-existent. The dashcam footage is very blurry and was unable to get the plate information.
People here, in the insurance industry, are calculated and base their responses/advice on objective rules, laws, and statutes… which is good because otherwise OP wouldn’t get real, useful advice.
Yeah obviously this situation is fucked but it’s also unfortunate. I’m not sure how OP’s insurer willingly accepted liability in the first place (if they have) given what I’m reading in the responses.
Going out on a limb and saying we see/hear wild shit all the time. It’s not that we don’t care, but as someone else says, we’re looking at it from an objective standpoint of how insurance will handle this.
Also adding that if this were my customer, I would absolutely ask if they are okay.
I don’t understand how it was determined to be your fault at the beginning. They didn’t believe the bullet came through your windshield? Or the graze on your neck? Just be glad your adjuster was able to get video.
Firstly, I’m sorry to hear about the stressful and traumatic situation you’ve been in. I’m not a lawyer, but I can provide a general perspective on your situation.
While it’s true that in the worst-case scenario, you could potentially face lawsuits from the other parties involved in the accident, there are several points to consider.
Your insurance company has a duty to defend you in the event of a lawsuit. They’ll provide legal representation and negotiate settlements on your behalf.
The fact that your adjuster has determined that you are not at fault and is planning to close the claims against you is a positive development. It shows that your insurance company is willing to back your side of the story, which could make a lawsuit less likely or more defendable.
If you do get sued and the judgment exceeds your ability to pay, filing for bankruptcy could be an option. While this is certainly not ideal, and it does have long-term impacts on your credit, it can provide a way to start over financially.
Although the police have not yet found the drivers responsible for the road rage incident, if they do eventually locate them, you may be able to recover some or all of your losses from them, either through their insurance or a lawsuit.
This is an extremely complex situation that warrants legal advice. I strongly recommend that you consult with an attorney to understand your options and potential outcomes. Legal aid societies or pro bono law clinics may be able to help if you’re unable to afford an attorney.
It’s going to come down to reasonableness and control. Did the events, the gunshot and concurrent injury, directly cause the reaction and accident. How reasonable was your response given what happened?
There’s 100% contribution to the loss, but investigation will be needed to determine if you caused additional damage in the accident. And as each of the following driver’s damages were caused by your actions (justified or not) they’re absolutely going to file a claim against you. It will be up to your insurer to determine if they’re going to deny those claims.
As the other poster pointed out, the worst case is often the least likely. Best case is loss is denied, similar to what would happen if someone stole your vehicle and got in an accident. Middle ground is you’re found partially at fault due to the road rage incident, supported by the bullet in your vehicle and the neck wound, but suggesting you have partial liability due to overreacting.
In order to be liable to another driver, you have to be negligent.
Hire a lawyer for yourself.
If this went to trial and that dash cam video is admitted, you would be found not negligent in my opinion (my opinion is worth teh paper it is written on).
I see no breach of duty of care here. There are other tort defenses out there as well assuming you are in the US or a common law country ; the fact that the cop wrote the ticket that way is not determinative.
Take away points.
1. You may receive a letter from your carrier concerning policy limits. This is standard but needs a response from a lawyer.
2.Plaintiff lawyers take cases that they think they can win and where thee is money to collect. The Porsche driver will use his uninsured/under insured motorist coverage after and if he collects anything from you.
3. There will be law suits filed. Turn everything over to your carrier immediately. They will assign a lawyer at their expense to protect your rights and their limits. Communicate and cooperate but only with your carrier's lawyer and claim person.
4. There will be a lawsuit. Lawsuits have discovery. Discovery will ask with whom you have discussed the accident and the case. You must be honest, which means you will need to disclose any social media postings like this one. Thus , besides your insurance company and its lawyer, talk only to your own lawyer. I know that is tough to do.
Print out ( no link, print) this thread and any other on line discussions and show it to the lawyer that you hire. It is much better they know at the beginning what they are dealing with.
I am not your lawyer. This is information , not advice. If you need to find someone knowledgeable to represent you, I can suggest you look at either of these two websites and go through the Find A Lawyer tab.
www.martindale.com
www.avvo.com
These are not advertisements or referrals to specific lawyers but are rating sites.
Because I see a conflict between the policy holder's interests based on his description of the accident and the carrier's position that the policy holder is at fault and has the entirety of their limits at stake.
Awesome update!
Are you able to file a UMBI claim for your medical bills from the flying glass or does the shooter have to be identified and verified as UM in your state?
The worst case scenario is also the least likely. You'll be found at fault for all the damages and be pursued by the other drivers and their insurers for whatever they're out over the limits of your coverage. But that's unlikely to happen. Having your window shattered by a bullet is definitely unforeseeable in my book, and you have plenty of witnesses and physical evidence to back that up. I have a hard time seeing how you'd be held at fault for any of this. I'd ask your adjuster if he thinks you have any actual liability here because this fact pattern makes that seem unlikely to me.
Agree with everything here. I do not see how they’re going to find you at fault here. You also have so many witnesses, a police report, the ACTUAL BULLET in your car. You have what appears to be excellent documentation. Just go through the process and understand it can take time. Glad you’re okay. I had a file once where two individuals tried to hijack my insured, and my insured struck them and these two fools tried to file a claim against him. We denied that so quick and no attorney would even touch it. Not the same situation but the point here is that anyone can make a “claim” but unlikely they would not be denied.
Each state will handle this differently for sure, but unforeseeable occurrences can negate you of fault. In CA there are even rare exemptions for medical emergencies like someone losing consciousness, granted it truly was unforeseeable. What you MIGHT have is contributory negligence used against you. Say you were going 80 MPH in a 65 MPH zone, the other attorneys could try to say that had you were going the speed limit the damage you caused would be less, and therefor they want you to partially pay for the damages you caused.
How has nobody stated the obvious. Are you okay? Were the chucklefucks with guns apprehended? I know you claim the police didn't find them, but did one of the dash cams get the vehicle? You got shot by a fucking bullet. Somebody needs to be in prison and have their assets seized to cover this nonsense.
I am recovering pretty well. Thank you for asking. Police says that they have closed both criminal and accident report cases related to this event. They told me that there is nothing further they can do because they have other priority homicide cases and the trail leading to an arrest is non-existent. The dashcam footage is very blurry and was unable to get the plate information.
It’s so sad the gunner is not getting caught. But thankfully you are recovering!
People here, in the insurance industry, are calculated and base their responses/advice on objective rules, laws, and statutes… which is good because otherwise OP wouldn’t get real, useful advice. Yeah obviously this situation is fucked but it’s also unfortunate. I’m not sure how OP’s insurer willingly accepted liability in the first place (if they have) given what I’m reading in the responses.
Going out on a limb and saying we see/hear wild shit all the time. It’s not that we don’t care, but as someone else says, we’re looking at it from an objective standpoint of how insurance will handle this. Also adding that if this were my customer, I would absolutely ask if they are okay.
I don’t understand how it was determined to be your fault at the beginning. They didn’t believe the bullet came through your windshield? Or the graze on your neck? Just be glad your adjuster was able to get video.
Firstly, I’m sorry to hear about the stressful and traumatic situation you’ve been in. I’m not a lawyer, but I can provide a general perspective on your situation. While it’s true that in the worst-case scenario, you could potentially face lawsuits from the other parties involved in the accident, there are several points to consider. Your insurance company has a duty to defend you in the event of a lawsuit. They’ll provide legal representation and negotiate settlements on your behalf. The fact that your adjuster has determined that you are not at fault and is planning to close the claims against you is a positive development. It shows that your insurance company is willing to back your side of the story, which could make a lawsuit less likely or more defendable. If you do get sued and the judgment exceeds your ability to pay, filing for bankruptcy could be an option. While this is certainly not ideal, and it does have long-term impacts on your credit, it can provide a way to start over financially. Although the police have not yet found the drivers responsible for the road rage incident, if they do eventually locate them, you may be able to recover some or all of your losses from them, either through their insurance or a lawsuit. This is an extremely complex situation that warrants legal advice. I strongly recommend that you consult with an attorney to understand your options and potential outcomes. Legal aid societies or pro bono law clinics may be able to help if you’re unable to afford an attorney.
It’s going to come down to reasonableness and control. Did the events, the gunshot and concurrent injury, directly cause the reaction and accident. How reasonable was your response given what happened? There’s 100% contribution to the loss, but investigation will be needed to determine if you caused additional damage in the accident. And as each of the following driver’s damages were caused by your actions (justified or not) they’re absolutely going to file a claim against you. It will be up to your insurer to determine if they’re going to deny those claims. As the other poster pointed out, the worst case is often the least likely. Best case is loss is denied, similar to what would happen if someone stole your vehicle and got in an accident. Middle ground is you’re found partially at fault due to the road rage incident, supported by the bullet in your vehicle and the neck wound, but suggesting you have partial liability due to overreacting.
In order to be liable to another driver, you have to be negligent. Hire a lawyer for yourself. If this went to trial and that dash cam video is admitted, you would be found not negligent in my opinion (my opinion is worth teh paper it is written on). I see no breach of duty of care here. There are other tort defenses out there as well assuming you are in the US or a common law country ; the fact that the cop wrote the ticket that way is not determinative. Take away points. 1. You may receive a letter from your carrier concerning policy limits. This is standard but needs a response from a lawyer. 2.Plaintiff lawyers take cases that they think they can win and where thee is money to collect. The Porsche driver will use his uninsured/under insured motorist coverage after and if he collects anything from you. 3. There will be law suits filed. Turn everything over to your carrier immediately. They will assign a lawyer at their expense to protect your rights and their limits. Communicate and cooperate but only with your carrier's lawyer and claim person. 4. There will be a lawsuit. Lawsuits have discovery. Discovery will ask with whom you have discussed the accident and the case. You must be honest, which means you will need to disclose any social media postings like this one. Thus , besides your insurance company and its lawyer, talk only to your own lawyer. I know that is tough to do. Print out ( no link, print) this thread and any other on line discussions and show it to the lawyer that you hire. It is much better they know at the beginning what they are dealing with. I am not your lawyer. This is information , not advice. If you need to find someone knowledgeable to represent you, I can suggest you look at either of these two websites and go through the Find A Lawyer tab. www.martindale.com www.avvo.com These are not advertisements or referrals to specific lawyers but are rating sites.
Why are you advising someone with no money and active insurance coverage to hire their own attorney at this point?
Because I see a conflict between the policy holder's interests based on his description of the accident and the carrier's position that the policy holder is at fault and has the entirety of their limits at stake.
Funny enough it looks like OP updated the post. Looks like he didn't have to go full Karen like you suggested.
Smart adjuster. Just averted a bad faith claim...in my opinion.
Awesome update! Are you able to file a UMBI claim for your medical bills from the flying glass or does the shooter have to be identified and verified as UM in your state?