My question involves an injury that occurred in the state of: Washington.
Situation:
I was in a MVA in December 2016 in Washington State. The road was bi-directional, with one lane each way and a left-turn lane in between. At the location of the accident the road was curving to the left and the speed limit was 30 MPH. The roads were slick due to weather (snow, possibly ice) and the shoulder of the road had a large embankment of snow from the snow plows.
The Accident:
I slid off of the road to the shoulder and snow covered sidewalk due to loss of control. Due to the curve of the road (to the left) I ended up ~90* from the tangent of the road. The vehicle immediately behind me also lost control and hit the rear passengers door, spinning it around to ~140* from the tangent.
The Evidence:
We both have pictures, but there were no witnesses and the police did not file a report.
The Settlement:
I settled with my insurance company as a total loss and received the deductible back as they said the other insurance company accepted liability. My shoulder was acutely injured in the accident, but a few doctors appointments and Physical Therapy later, it is fortunately not an ongoing issue. Nobody has paid my medical bills yet. The other driver was not injured (to my knowledge) and his vehicle was minimally damaged (Ford F?50 tow truck).
Fast forward a few months to 4/25/2017. I received a letter from the other insurance company stating I was at fault and they would not accept liability:
"At the time of loss, you lost control of your vehicle due to poor road conditions and ended up facing the opposite direction partially blocking the roadway. Our insured driver was unable to stop and struck your vehicle. You are the cause of this accident for failure to control your vehicle and possibly driving too fast for the weather conditions."
My Take:
I did lose control of my vehicle, but I was completely on the embankment of snow off of the roadway. I was essentially a (very poorly) parked vehicle on the shoulder. The vehicle behind me was driving too fast and following too close and is at 100% fault for the accident for losing control and hitting my vehicle.
My Questions:
Thank you!
Adam
Situation:
I was in a MVA in December 2016 in Washington State. The road was bi-directional, with one lane each way and a left-turn lane in between. At the location of the accident the road was curving to the left and the speed limit was 30 MPH. The roads were slick due to weather (snow, possibly ice) and the shoulder of the road had a large embankment of snow from the snow plows.
The Accident:
I slid off of the road to the shoulder and snow covered sidewalk due to loss of control. Due to the curve of the road (to the left) I ended up ~90* from the tangent of the road. The vehicle immediately behind me also lost control and hit the rear passengers door, spinning it around to ~140* from the tangent.
The Evidence:
We both have pictures, but there were no witnesses and the police did not file a report.
The Settlement:
I settled with my insurance company as a total loss and received the deductible back as they said the other insurance company accepted liability. My shoulder was acutely injured in the accident, but a few doctors appointments and Physical Therapy later, it is fortunately not an ongoing issue. Nobody has paid my medical bills yet. The other driver was not injured (to my knowledge) and his vehicle was minimally damaged (Ford F?50 tow truck).
Fast forward a few months to 4/25/2017. I received a letter from the other insurance company stating I was at fault and they would not accept liability:
"At the time of loss, you lost control of your vehicle due to poor road conditions and ended up facing the opposite direction partially blocking the roadway. Our insured driver was unable to stop and struck your vehicle. You are the cause of this accident for failure to control your vehicle and possibly driving too fast for the weather conditions."
My Take:
I did lose control of my vehicle, but I was completely on the embankment of snow off of the roadway. I was essentially a (very poorly) parked vehicle on the shoulder. The vehicle behind me was driving too fast and following too close and is at 100% fault for the accident for losing control and hitting my vehicle.
My Questions:
- Will my insurance company charge me the deductible they reimbursed to me?
- Who is at fault? Is there partial fault here (State of WA)?
- Who will pay for my medical bills?
Thank you!
Adam
Traffic Accidents: Rear-Ended After Loss of Control; Each Insurance Company States Other Party at Fault
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