Last week I was exiting a friend's driveway on a winding country road near a dangerous curve. I made a RH turn and heard the screech of brakes behind me. I booted it, not even taking time to look behind, and heard a thump, but did not feel any impact. Still I pulled over and stopped, because the sounds had been very close and I thought there might have been a very slight impact with my ancient (1990) truck.

The woman, cell phone in hand, exited her car -- leaving it, though still quite drivable and hardly damaged, in the center of the road -- and began screaming at me that I had 'turned too slowly', and caused the accident. She had skidded into the oncoming lane and clipped a truck. My vehicle was untouched.

I pointed out that several cars had come round the corner right after her, but none had rear-ended her 'abandoned' car -- in fact only one had squealed its tires.

Well, guess what -- the insurer agrees with her, and has found me 100% responsible because the truck driver (the guy she hit) says he does not think she was speeding when she came round the corner.

My insurer says that it is my responsibility to prove she was speeding.

I have done some research and found that at 60 km. (the speed limit for best conditions on this dangerous road) the braking distance is almost exactly half what she used up! And no screeching brakes, either! I drove the route, and a friend videoed the turn, and confirmed my speed, 60 kph, and the braking distance. My friend will swear an affidavit to accompany the video.

But I'm told this is not 'evidence' in the insurer's eyes. Only witness or police testimony is 'evidence'.

I'm inclined to forget about it. The insurance increase would be minimal for me. But I have many years' safe driving record that I'm proud of. (She on the other hand was driving a new vehicle registered in the name of a man whose surname was different from her own.)

Before I formally appeal, any one have any input?

Did you observe that the way was clear to the left before you made the turn?

If you completed correct driving procedures, I can't see how you are responsible for her accident. It sounds like a nearly blind corner and may be a hazard that needs to be addressed by the local government.

(I don't think that the fact that "She was driving a new vehicle registered in the name of a man whose surname was different from her own...." really has any bearing on the incident at all though, personally.)

If you think you are in the right, fight it to the end. Since when can an insurer find you 100% responsible? I thought the police had to determine that. The truck driver can't say what he thinks...he has to know for sure. The police report is the key evidence. You need to get advice from your lawyer, and don't let the lady, truck driver, or insurer make it look like you are in the wrong. Fight it all the way.

definatly fight it.
if you have to, try to get the police to confirm your findings.

Thank you for your input. I was tempted to let it go, but it irks me that I will lose my clean record because someone was speeding while using a cel phone.

When I was preparing to enter the roadway, she was nowhere in sight. I learned to drive from one of the original 'defensive drivers'. She taught me that there is no such thing as an accident. All accidents can be prevented. So a right turn means check left, right, then a final quick left glance (to catch latecomers).

This is so much second nature that to avoid such care at an intersection which I knew was dangerous to begin with is as unlikely as that I would leave my house stark naked, forgetting that I was about to be in public. It just wouldn't happen. Years of habit ingrain certain behaviors. Defensive driving is one of them.

What bothers me is the story I heard to the effect that if I show my 'research' video, it will not count, since such evidence is only accepted from police experts. I can't check that until my lawyer (who's out of town) comes back on Thursday. Besides, I don't even know how good he is on these types of cases. I've only used him for checking contract agreements. On these he has a very logical mind.

To my mind, the evidence is clear proof that the driver must have been speeding.

Otherwise

1. how do we explain that other drivers did not rear-end her? Her car was 'abandoned' at approximately the point where I left my friend's driveway. If her excuse for hitting an oncoming truck is that I was 'turning too slow', then why could she not avoid the collision as those other drivers avoided hitting her?

2. How do we explain that at the legal speed limit, it takes only half her braking distance to stop?

I am hoping that it is not true that the appeal board rejects such evidence as I can present. I would hope that they will accept evidence that makes sense, whether or not it falls into categories such as 'witness statement' or 'police evidence'.

Actually no one called the police. The damage was pretty minor. Police only investigate cases if there is personal injury or loss of life. Otherwise all they bother to do is take statements, possibly they take photos, and 'eyeball' the scene for statement credibility.

The woman whose car hit the truck tried to call the police on her cel, but got frustrated and quit trying. Possibly her cel was damaged in the accident? Flew out of her hand on impact? I wonder what the person she was talking to thought.

She is a pretty demanding person. She said to me, after accusing me of causing the accident, "And show me your papers first. After you show me your papaers, then I will show you my papers. Not before."

Imaginary conversation at time of impact:

"...and I want those documents on my desk by.... EEEK!"

"Hello? Hello, hello? What was that noise I heard? Are you there? Hello?"

dYour insurer is an idiot !!!

There is no such law that states turing a corner "too slowly" is against the law...

But, following to closly, too fast, not paying attention is an automatic ticket in all the states that I know of....

I think you need to get a little "nasty" with your insurance agent....

You didn't say whether you have full coverage insurance. If you are found 100% at fault then your insurance company will have to pay her settlement. You should call your insurance agent and speak with him again. It sounds to me as if she was distracted while driving and that is the cause of her accident. You should ask your attorney about laws regarding distracted driving. There are many places that it is illegal to talk on a cell phone while driving. You can have her cell phone records subpoenaed to prove she was on the phone when the accident occurred. There is NO WAY you could be 100% at fault. In the US, if you hit someone from behind then it is your fault because you did not leave enough distance between yourself and the car in front of you. (You can't blame someone going too slow)

These are terrific posts, and prove that we should whine publicly when we have a problem, because not only did I get encouragement but great suggestions, too. The one about the cell phone records is brilliant!

I'm writing my appeal tomorrow. Will let you all know. And thank you!