I was struck by a woman in a parking lot last week. I was turning left, she was going straight and speeding. She was not looking at me and continued speeding until she struck the back rear of my vehicle (honking JUST before she hit me, meaning she did not look at me until that moment). My bumper fell off and there is a dent in the side rear exterior of my car. I not aware my insurance had expired (I recently moved and have had a lot on my plate). The cop told me if I didn’t have insurance up to date, to get some that same day, so I did. I got Progressive right when I got home and detailed the accident that happened that day before signing up. I filed a claim and now I am being told I cannot be covered! By law, you are responsible for hitting any object in front of you. What do I do now?! I need my car fixed, and since she has State Farm insurance, won’t she have to pay for the damages she did to my vehicle (covered under her insurance’s uninsured motorist policy?). Also, it is not illegal to not be covered under auto insurance in WI. ANY answers are appreciated.
She had reasonable time to stop and did not. I didn’t cut her off. Her vehicle has no damage, just faint scuffs and minor dent in her license plate (her lexus is white). The person behind another vehicle is required to maintain enough distance from the
vehicle ahead of him to allow time to react to sudden stops or other, violent maneuvers.
This is a well-established principal in traffic law. I don’t see how it is my fault in any way…
Mushu, I did NOT hit her. She sped up and hit me! She wasn’t looking at me (assuming she was too busy w/ her cell phone), I had plenty of space and time to successfully turn without cutting her off. THERE IS NO DAMAGE TO HER VEHICLE besides a tiny scuff on her WHITE vehicle, meaning it was so minor you cannot tell it’s there until you put your face up to it. That is able to be buffed out. Stop insinuating I’m some deadbeat who does not know how to drive. I moved and missed 2payments from not getting ALL of my mail switched. Am. Fam. Insurance cancelled without notification. I am ONLY looking for advice on WHO to contact, since my current/new insurance provider said they more than likely cannot do anything for me about THIS accident. THANKS for those who are actually replying to my question.
Report about Auto Insurance information
From your description, it sounds like you were primarily at fault; if the other was indeed speeding, she may be considered partially at fault, but it’s your word against hers. Getting insurance AFTER the wreck won’t help. Best be prepared to pay for at least some of her damages and all of your own.
Her uninsured mortorist may cover her damage, but then State Farm will ask you to reimburse them, so that will only delay the problem.
If you get insurance at this hour, it will not cover what happened to you in the last hour, so you had an accident without the benefit of insurance coverage.
Add to that the rules for turning left in your state.
346.18(1)
(1) General rule at intersections. Except as otherwise expressly provided in this section or in s. 346.19, 346.20 or 346.46 (1), when 2 vehicles approach or enter an intersection at approximately the same time, the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
Or to put it in plain language, you can’t turn left unless and until the way is clear to do so. Being hit by another car is prima facie evidence the way was NOT clear for you to turn.
And no, it isn’t illegal to not be covered by insurance until June of 2010 when it will be required, but there is now a financial responsibility law in effect that says if you don’t have coverage you must have the funds to cover any damage you do with your vehicle.
So, the other driver may file a claim against you for an improper left turn, and prevail. If that happens, you might want to speak to an attorney. In the mean time you can claim against the other parties insurance, but don’t be surprised if they deny your claim. In that case, your repairs will be out of pocket.
If your turn signal was on, she was at fault. Most states have laws that say that if you struck the vehicle in front of you, then you were following too close. What did the accident report say (get a copy)? If WI dose not require automobile insurance, then her insurance company (and her) is responsible for your damages. You may have to take her to small claims court to get justice. You will need a police report (that shows her in the wrong), estimate for the damages to your car, and any witness’s or photos. Good luck.
If you are fighting an insurance company to make a claim it would be wise to consult an attorney in your area that has experience dealing with insurance companies.
You have a lot to learn about insurance. Insurance bought after an accident does not cover you. Uninsured motorist property damage coverage does not cover other cars, it covers your car if an uninsured deadbeat hits you.
Not only that but YOU TURNED LEFT into an oncoming car, where in the world did you get the idea that it’s anyones fault but yours?
Better start saving, you’re going to be paying State Farm back for the damage you caused to their customers car.
Edit:
Oh Wah wah wah, poor you. I called you deadbeat because you were driving uninsured. Maybe Am Fam couldn’t find you to cancel your policy. It’s still your responsibility to make sure you were insured before you got in the car. Excuses don’t cut it with insurance companies. If you don’t like the answers you get, tough. Grow up and take responsibility for your actions.