Announcement

Collapse
No announcement yet.

Caused Accident but other driver speeding through caution sign and light North Carolina

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Caused Accident but other driver speeding through caution sign and light North Carolina

    I hit a car after pulling forward from a stop sign. The car I hit was speeding 10 miles (+) through a cauton sign (45) and a flashing yellow caution light at the intersection. My insurance is paying the claim;However, the claim is higher than my policy limit. Is the other drivers insurance also liable for payment on the claim due to his non-compliance to the warning signs and traffic light.

  • #2
    Originally posted by BlueBird27 View Post
    I hit a car after pulling forward from a stop sign. The car I hit was speeding 10 miles (+) through a cauton sign (45) and a flashing yellow caution light at the intersection. My insurance is paying the claim;However, the claim is higher than my policy limit. Is the other drivers insurance also liable for payment on the claim due to his non-compliance to the warning signs and traffic light.
    No, not generally. He still had the right of way. And, I'm guessing that your insurance company is aware of the following:

    Contributory Negligence
    In the state of North Carolina, we have contributory negligence. Contributory negligence maintains that if a person contributes to their own injuries in any way, they are not entitled to any compensation.

    In other words, if you are injured in an auto accident in which another party is 99% responsible for your injuries, and you are 1% at fault, you are still not entitled to any compensation because you contributed to your auto accident injuries.

    Copied from http://www.demayolaw.com/lawyer-attorney-1226395.html.
    Please no private messages about your situation.

    Comment


    • #3
      Q: Is the other drivers insurance also liable for payment on the claim due to his non-compliance to the warning signs and traffic light.

      A: It would depend on whether the cops, the courts, the insurance carrier, someone assigned fault.

      Was fault assigned?

      Did you get a ticket?

      Did the other driver get a ticket?
      “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

      --Benjamin Franklin

      Comment


      • #4
        Originally posted by moburkes View Post
        ...No, not generally....


        See...I ASSumed that NC had comp neg.

        And I was wrong.

        mo...save this confession....
        “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

        --Benjamin Franklin

        Comment


        • #5
          I got a ticket for failure to yeld to the right away; however, It was thrown out of court. The cop stated the speed the other driver was travelling in the police report.The warning sign and traffic light are posted because, the intersection is at an angle and is hard to see from. The speed the other driver was going contributed to the visibility issue and to the extent of his passengers injuries. Does the NC Law- Failure to use reasonable care under the circumstances, make the other drivers insurance liable for a portion of the passengers injuries. I accept that my insurance should pay; however, I fear that if the other drivers insurance does not pay the excess, the injuries will go untreated because I do not have the assets or the income to properly compensate them.

          Comment


          • #6
            Originally posted by BlueBird27 View Post
            I got a ticket for failure to yeld to the right away; however, It was thrown out of court. The cop stated the speed the other driver was travelling in the police report.The warning sign and traffic light are posted because, the intersection is at an angle and is hard to see from. The speed the other driver was going contributed to the visibility issue and to the extent of his passengers injuries. Does the NC Law- Failure to use reasonable care under the circumstances, make the other drivers insurance liable for a portion of the passengers injuries. I accept that my insurance should pay; however, I fear that if the other drivers insurance does not pay the excess, the injuries will go untreated because I do not have the assets or the income to properly compensate them.
            Their injuries won't necessarily go untreated. If he has underinsured motorist coverage, then that would pay for him bills. His health insurance may even kick in. BUT, the insurance company can sue you for what you SHOULD HAVE paid.
            Please no private messages about your situation.

            Comment


            • #7
              Originally posted by moburkes View Post
              Their injuries won't necessarily go untreated. If he has underinsured motorist coverage, then that would pay for him bills. His health insurance may even kick in. BUT, the insurance company can sue you for what you SHOULD HAVE paid.
              This reply doesn't answer my question at all- about the other driver being also at faul for his passengers injuries and his insurance having to help pay on the claim but I thank you for trying to help.

              Comment


              • #8
                I thought when I responded to you in my first post that I answered your question about that.

                It appears that, since your insurance company is paying the claim, that they don't believe that the other party was at fault by any percentage.
                Please no private messages about your situation.

                Comment


                • #9
                  Originally posted by BlueBird27 View Post
                  This reply doesn't answer my question at all- about the other driver being also at faul for his passengers injuries and his insurance having to help pay on the claim but I thank you for trying to help.
                  Sue the people who hurt you.
                  “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

                  --Benjamin Franklin

                  Comment


                  • #10
                    Did you tell your own insurance company about how fast the other car was going? That should raise the issue of contributory negligence, and with a contrib issue, they should deny the claim and not pay anything. If the jury believes your testimony about their speed (and this is a two edged sword--if you could see them long enough to judge the speed, why did you still pull out in front of them?) then the contrib issue will be a good defense.

                    Your situation is a prime example of why the mandatory insurance limit in NC, $30,000, is way too low. I always recommend that NC drivers buy more coverage than that, so that you don't risk getting hit with a judgment against your personal assets. It does not take much of an accident to get the damages above the $30K limit. A car with four people in it, all of whom suffer minor injuries, can get you above that limit. And one serious injury that requires surgery and hospitalization will eat up that $30K in no time.

                    Good luck.
                    Bob Bollinger, Attorney
                    Board Certified Specialist in NC Workers' Compensation Law
                    Charlotte, NC

                    Comment

                    Working...
                    X