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Old 05-21-2019, 04:22 PM
 
933 posts, read 257,094 times
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It's possible no fault was assigned because the officer couldn't tell? After all, the fact that OP was hit doesn't mean anything; I know plenty of people who have hit other people... because the other person suddenly pulled out in front of them, ran a red light, suddenly changed lanes, etc. The other person is the one who got hit, but they're still at fault.

I'm not saying OP did that, but there was something that made the officer think fault wasn't obvious; it's possible the officer thought they shared fault (OP pulled out when there probably wasn't enough space but the other person was going too fast anyway. OP shouldn't have slammed on the brakes suddenly but the other person shouldn't have been following so close. Conflicting stories were given and it wasn't clear who did what they shouldn't. Etc.) but for some reason chose not to assign blame at all. The report will tell anyway. There's something the insurance company read there to make them think OP was at fault (or at least that they could make enough of an argument of it to get money.

 
Old 05-21-2019, 04:39 PM
 
17,002 posts, read 20,676,296 times
Reputation: 33988
Quote:
Originally Posted by momtrynasurvive View Post
Yes I'm absolutely sure no one's listed at fault on the police report. The cop didn't issue any tickets and stated, let the insurance figure it out. YES I HAVE LICENSE!!!

I was the only person injured in the accident (fractured my arm) yes there was significant damage done to the rental car. It was totaled. Let me be clear the other drive HIT ME!!!!! I have been trying to find and attorney to take my case but its been over a year since this happened and thought everything was fine. The rental car was covered and fixed, so really don't understand why I'm being sued.
Because you weren't down as authorized driver.

Why were you driving the rental car? If you have a license and there was any chance you would be behind the wheel, than you should have put down at the time of the rental.
 
Old 05-21-2019, 05:03 PM
 
9,426 posts, read 7,083,794 times
Reputation: 12192
Quote:
Originally Posted by K12144 View Post
It's possible no fault was assigned because the officer couldn't tell? After all, the fact that OP was hit doesn't mean anything; I know plenty of people who have hit other people... because the other person suddenly pulled out in front of them, ran a red light, suddenly changed lanes, etc. The other person is the one who got hit, but they're still at fault.

I'm not saying OP did that, but there was something that made the officer think fault wasn't obvious; it's possible the officer thought they shared fault (OP pulled out when there probably wasn't enough space but the other person was going too fast anyway. OP shouldn't have slammed on the brakes suddenly but the other person shouldn't have been following so close. Conflicting stories were given and it wasn't clear who did what they shouldn't. Etc.) but for some reason chose not to assign blame at all. The report will tell anyway. There's something the insurance company read there to make them think OP was at fault (or at least that they could make enough of an argument of it to get money.

A valid and fair point.. The fact that the officer said "Let insurance sort it out" kinda indicates that there were conflicting sides to the story and he had no evidence to say either way which happened. Let's say it's a side-swipe situation.. Both parties claim they maintained their lane and the other person drifted into them.. Without witnesses (or a dash cam) he's got no way to tell who is correct and who isn't, so he cannot assign fault.

The fact no fault was assigned is the least of the questions on this, to me.


Quote:
Originally Posted by Roselvr View Post
The OP was the only one injured
No kidding. Go back and reread what I said.
 
Old 05-21-2019, 07:03 PM
 
Location: Myrtle Creek, Oregon
12,248 posts, read 12,499,482 times
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Quote:
Originally Posted by Hedgehog_Mom View Post
Or the OP should try posting in the legal advice forum on Reddit.
It shouldn't matter. Check with the person who rented the car.
 
Old 05-21-2019, 07:12 PM
 
933 posts, read 257,094 times
Reputation: 2550
Quote:
Originally Posted by Labonte18 View Post
A valid and fair point.. The fact that the officer said "Let insurance sort it out" kinda indicates that there were conflicting sides to the story and he had no evidence to say either way which happened. Let's say it's a side-swipe situation.. Both parties claim they maintained their lane and the other person drifted into them.. Without witnesses (or a dash cam) he's got no way to tell who is correct and who isn't, so he cannot assign fault.

The fact no fault was assigned is the least of the questions on this, to me.
Right, but OP is maintaining that because the police report didn't assign fault, and OP was the one whose car was hit, that they must not be at fault and therefore wonder why they're being sued. I'm pointing out that just because no fault assigned/OP was hit doesn't mean they aren't necessarily at fault and perhaps that is why the insurance company sees it that way. (They haven't themselves said what happened, so we don't know. But the insurance company probably has the police report, which should tell exactly what happened.)
 
Old 05-21-2019, 07:51 PM
 
20,744 posts, read 13,749,199 times
Reputation: 14404
Determining fault of in an auto accident isn't always so cut and dry: https://woodsinsurance.com/a-guide-t...-car-accident/


We know nothing about OP aside from what he/she has chosen to share, thus cannot verify veracity of anything including what exactly went down.


All we know is that Allstate is (allegedly) going after OP likely to recoup and or be reimbursed for paying out for damage to their policy holder's vehicle. This is perfectly normal and happens all the time.


Am asking this *again*; why is Allstate going after OP (driver of vehicle at time of accident) instead of owner of car who should be legally held liable in whole or part because they own the thing.


If you lend your ride to a family member who has no auto insurance, and there is an accident. Who do you think the other party (and or their insurance carrier) is going after? Likely both owner of vehicle *and* driver will be named plaintiffs, and either via settlement and or court trail damages will be awarded via assigned blame.
 
Old 05-21-2019, 07:56 PM
 
20,744 posts, read 13,749,199 times
Reputation: 14404
Quote:
Originally Posted by K12144 View Post
Right, but OP is maintaining that because the police report didn't assign fault, and OP was the one whose car was hit, that they must not be at fault and therefore wonder why they're being sued. I'm pointing out that just because no fault assigned/OP was hit doesn't mean they aren't necessarily at fault and perhaps that is why the insurance company sees it that way. (They haven't themselves said what happened, so we don't know. But the insurance company probably has the police report, which should tell exactly what happened.)
True!


Just because one was "hit" it does not automatically mean driver was not at fault. Rather much will be determined by what driver was doing at time of accident.


Driving in wrong lane. Making illegal turn. Failing to notice traffic light change due to "distraction" such as texting/on phone.
 
Old 05-21-2019, 08:07 PM
 
20,559 posts, read 16,625,375 times
Reputation: 38603
Quote:
Originally Posted by Quietude View Post
Whomever rented the car (since that doesn't appear to be the OP) would have insurance, or the car rental agency would issue insurance.

I think the OP's in a hell of a mess but someone should have coverage for this. Unless it's invalidated by her driving the car without being authorized.

Yikes.
When you rent s car you have to tell them everyone who will be driving it and their license etc. sometimes it costs extra for each driver. Iíve done this twice. My niece and I drove from an airport in Chicago to our Aunt and Uncle 2 hours away. I had the credit card so had to reserve it, but I donít like to drive in places Iíve never been so she drive. I think we paid $25 extra a day to add her as a driver and she had to show her license.

Allstate might have been the car renters personal auto insurer. Most people donít buy the car rental insurance because either their own car insurance or credit card covers rentals. But you canít just let anyone drive it. The insurance covers the person who rented it.
 
Old 05-21-2019, 08:12 PM
 
20,559 posts, read 16,625,375 times
Reputation: 38603
Quote:
Originally Posted by BugsyPal View Post
True!


Just because one was "hit" it does not automatically mean driver was not at fault. Rather much will be determined by what driver was doing at time of accident.


Driving in wrong lane. Making illegal turn. Failing to notice traffic light change due to "distraction" such as texting/on phone.
Didnít she say failure to yield? Per traffic laws both parties have responsibility in cases such as merging onto a highway. The car merging canít pull out right in front of someone, but the cars on the highway canít run you off the highway to prevent you getting in, either. It could also have been situation where the other cars lane was ending, and OP wouldnít let her merge in and neither would give in.
 
Old 05-21-2019, 08:14 PM
 
Location: Altadena, CA
1,579 posts, read 1,546,879 times
Reputation: 2949
Whenever I rented a car, one of the main rental rules is that ONLY I, the renter, can drive the car. But I also only used my personal insurance as I'm covered by State Farm in case of an accident.

OP, you are so screwed. You probably even knew you weren't suppose to be driving that rental, but did it anyway. Did someone rent that car for you to work a Lyft or Uber shift? Even if insurance was taken out on the car by the person who rented it, because they weren't driving the car when it got into the accident, you and the car was void in the insurance coverage.

I'm sorry, but, you will owe a lot of money.
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