My question involves an accident that occurred in the state of: Washington
Hi all, I'm looking for some clear-headed advice on an insurance situation that continues to rattle me more and more each day.
The accident:
In late May I was coming home from work on my motorcycle. There was a moderate amount of traffic, since it was almost that time when everyone was heading home from work. As I was proceeding up a three lane road (one two-way turn lane in the middle), traffic began to slow down in my lane. I needed to make a left turn, so I changed lanes into the center turn lane. Unfortunately, a bus was trying to be polite and stopped short of an intersection to allow a car to go across the three lane road. The driver had been at a stop sign. I was to the left of this bus, obscured from the driver's view in the center lane, when the car began to drive across the three lane road, and I collided with their driver side door.
Diagram of the accident:
(higher resolution version here)
Post accident:
I was rattled but wasn't hurt. The driver was obviously a little surprised as well. When she got out of the car one of the first things she asked me was "What were you doing in that lane?" and repeatedly admitted that she thought she had the right of way because the bus driver allowed her through (it isn't clear to me if the driver waved her through, or merely gave her space).
A couple friendly folks from a nearby hardware store came and helped to make sure everyone was okay. The bus driver quickly asked if we needed anything, and then continued on its way. Traffic continued to flow while the folks from the hardware store and I picked up the motorcycle and moved it off of the road. I didn't say anything to the driver because it seemed to me that she was trying to get me to admit some sort of fault by explaining why I was occupying the center lane.
It seemed very clear cut to me at the time: I was safely and legally occupying the center lane, she drove into traffic without being able to see the center lane, and as a result of that negligent decision, we collided.
The insurance decision:
After making recorded statements to both insurance companies, it took over a week before I heard anything back. My insurance company said that they found the other driver to be 100% at fault, but that the other company was attempting to get a hold of a witness to show that I was partially at fault (at the time, the other company was trying to assume only 80% liability).
It took about a month and a half before the witness finally called the other insurance company back--one of the kind folks from the hardware store who had helped pick up the motorcycle.
When I called to hear the other insurance company's final decision, the first agent I spoke to (not the main adjuster for the claim), notified me that they found me to be partially art fault. They looked at the notes from the witness statement and said to me, "This looks like hearsay. The witness says that traffic was stopped and so the motorcyclist may have been impatient, and tried to get around the bus."
The use of the word hearsay was very frustrating to me--it seemed that the agent was admitting the witness didn't see how the accident occurred, only that he was supposing I may have been impatient.
Frustration continues to mount now, as I just got off the phone with the actual adjuster for my claim. He notified me today that they found me to be liable for 50% of the damages, and that the witness said he didn't see the accident because "the motorcycle disappeared in front of the bus". What the other insurance company derived from this is that I had actually left the center lane and passed the bus--and that this is when I collided with the car.
This was baffling to hear, first of all because it's contrary to my story and the story of the other driver. Second of all, because the witness himself helped to pick up the motorcycle as it was laying in the middle of the center lane, and lastly because of the fact that the bus had been able to continue on its way after the accident (there was no wreck in front of it).
In my mind, it's quite clear that when the witness said that they didn't see the accident because I "disappeared in front of the bus", they meant that I was on the other side of the bus from them--not that I had somehow snaked my way back into the right turn lane while traffic was stopped and a car was crossing the intersection.
I'm wondering what steps I should take to contest this decision. Should I try to get in touch with the witness myself in order to clarify the situation? Should I ask my insurance company to do so? I'm planning on contacting my own insurance company to explain the situation, however the other agent informed me that they have already closed the case.
Thanks for your help and advice.
Hi all, I'm looking for some clear-headed advice on an insurance situation that continues to rattle me more and more each day.
The accident:
In late May I was coming home from work on my motorcycle. There was a moderate amount of traffic, since it was almost that time when everyone was heading home from work. As I was proceeding up a three lane road (one two-way turn lane in the middle), traffic began to slow down in my lane. I needed to make a left turn, so I changed lanes into the center turn lane. Unfortunately, a bus was trying to be polite and stopped short of an intersection to allow a car to go across the three lane road. The driver had been at a stop sign. I was to the left of this bus, obscured from the driver's view in the center lane, when the car began to drive across the three lane road, and I collided with their driver side door.
Diagram of the accident:
(higher resolution version here)
Post accident:
I was rattled but wasn't hurt. The driver was obviously a little surprised as well. When she got out of the car one of the first things she asked me was "What were you doing in that lane?" and repeatedly admitted that she thought she had the right of way because the bus driver allowed her through (it isn't clear to me if the driver waved her through, or merely gave her space).
A couple friendly folks from a nearby hardware store came and helped to make sure everyone was okay. The bus driver quickly asked if we needed anything, and then continued on its way. Traffic continued to flow while the folks from the hardware store and I picked up the motorcycle and moved it off of the road. I didn't say anything to the driver because it seemed to me that she was trying to get me to admit some sort of fault by explaining why I was occupying the center lane.
It seemed very clear cut to me at the time: I was safely and legally occupying the center lane, she drove into traffic without being able to see the center lane, and as a result of that negligent decision, we collided.
The insurance decision:
After making recorded statements to both insurance companies, it took over a week before I heard anything back. My insurance company said that they found the other driver to be 100% at fault, but that the other company was attempting to get a hold of a witness to show that I was partially at fault (at the time, the other company was trying to assume only 80% liability).
It took about a month and a half before the witness finally called the other insurance company back--one of the kind folks from the hardware store who had helped pick up the motorcycle.
When I called to hear the other insurance company's final decision, the first agent I spoke to (not the main adjuster for the claim), notified me that they found me to be partially art fault. They looked at the notes from the witness statement and said to me, "This looks like hearsay. The witness says that traffic was stopped and so the motorcyclist may have been impatient, and tried to get around the bus."
The use of the word hearsay was very frustrating to me--it seemed that the agent was admitting the witness didn't see how the accident occurred, only that he was supposing I may have been impatient.
Frustration continues to mount now, as I just got off the phone with the actual adjuster for my claim. He notified me today that they found me to be liable for 50% of the damages, and that the witness said he didn't see the accident because "the motorcycle disappeared in front of the bus". What the other insurance company derived from this is that I had actually left the center lane and passed the bus--and that this is when I collided with the car.
This was baffling to hear, first of all because it's contrary to my story and the story of the other driver. Second of all, because the witness himself helped to pick up the motorcycle as it was laying in the middle of the center lane, and lastly because of the fact that the bus had been able to continue on its way after the accident (there was no wreck in front of it).
In my mind, it's quite clear that when the witness said that they didn't see the accident because I "disappeared in front of the bus", they meant that I was on the other side of the bus from them--not that I had somehow snaked my way back into the right turn lane while traffic was stopped and a car was crossing the intersection.
I'm wondering what steps I should take to contest this decision. Should I try to get in touch with the witness myself in order to clarify the situation? Should I ask my insurance company to do so? I'm planning on contacting my own insurance company to explain the situation, however the other agent informed me that they have already closed the case.
Thanks for your help and advice.
Traffic Accidents: Disputing an Auto Insurance Decision
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