What usually happens when there's an accident and both parties claim to be the victim? Someone in my family got into a case like this today, so im just curious who's at fault or how do they go about in investigating it?

 

Usually the police report helps. But I guarantee that there IS someone at fault - they just don't want to admit it b/c of insurance reasons.

Basically each person will call their insurance company and the insurance companies will investigate and decide who pays...

 

it depends on what happen tho.

elaborate what happened. was there a police report? if so what does it say? have u been phone interviewed by your insurance company? where are the damages on both cars.

as ack said its always someones fault.

 

to make things clear, i was not involved but this is from what i heard. My family member, drove on her green light and the guy ran a red light. So she ended up hitting the side of his car. When the polices came, he claim that he didn't run the red light. I was updated earlier that there was a witness and the witness claim that indeed the guy ran a red light. now im just wondering what kind of trouble the guy that ran the red light would get into beside paying for the damages. He made a false claim...interferring with the law.

 

lucky you... for something like that, you DEFINITELY need a witness because without one, you are screwed.

because most insurance companies will go along the lines of the person who supposely ran red (but said he didnt) has the right of way because his traffic is flowing and is the grls fault for jumping on teh gas to early and gettin in the way of traffic.

im not here to argue, its BS, corrupt, stupid idiotic but thats how it works. (i got screwed over)

so that witness and police report will definitely help out. make sure you tell the insurance that there was a police report and witness.

 

Yup, the 'green' means to 'proceed if clear' not 'go no matter what.'

In most US jurisdictions it often boils down to who had the last clear chance to avoid the collision, not who was right or wrong.

I.E. If someone (illegally) cuts you off and you can avoid a collision by slowing down, but instead maintain speed and hit them, you can be at fault because you could have and should have avoided the other vehicle.

(One reason I've never owned a large beater pickup: There are times when I'd have been tempted to just take the idiot out...)

Let us know how this goes, OK?

 

Will be going to the laywer today. I can see a couple of replies regarding the lights and going if it's clear. My sister was not waiting on her red light and then it turn green. The guy did not run the intersection from a yellow to red light (hope you guys understand this). The reason im so sure of this is because i highly doubt it, her 4runner will hit 50mph before it hits the middle of the intersection. Anyway keep you guys updated when i find out more about it later on today. Thanks for all the replies.

 

im going through this exact situation from my accident back in october 2005. i got a lawyer involved and the thing is still under investigation. its really her fault but the ***** wont admit it

 

UPDATE :::: The guy that ran the red light, admitted to insurance that He indeed did run the red light and caused the accident. So everything should be going pretty smooth from here on out.

 

Great!!!

:D