sicilianoNYC

So I was driving on a road near my house (near downtown atlanta), and I was approcahing an intersection and my light was green, but this lady made a U TURN RIGHT IN FRONT OF ME and I hit her basically head on, I had the green light so this is her fault. My bumper was split in half on the drivers side, the headlight slightly cracked, the drivers fender was crushed in towards the tire, the door wont open since the fender is crushed, and the rear quarter panel has some severe scrapes. The car prolly has $3000-5000 of damage but no mechanical damage, the engine, radiantor, oil pan and everything is perfect, the hood didnt even get bent. Anyways the cops show up and this lady who hit me is from France and is only here till Sunday, her car was a rental from Enterprise (and she got the extra coverage from enterprise on it). The cops show up and I let them know I had right of way and had a green lgith and was going straight through the itnersection, but the lady started lying saying she had a green left turn arrow, but then she started halfway going back on her story sayign that after the wreck she noticed that the left turn light turns red VERY fast. The cop gave both of us a ticket (me for obedience to a traffic control device and her for improper u turn), but for a period of time about ripped up mine cuz he didnt believe her. Even after she left the cop said, "i believe you that the lgiht was green, just fight it in court and plead not guilty and you should win". The funny thing is there is no witnesses and she is leaving for france on sunday (and not returning for the court date in January). I had to pay out of my pocket to get the Z towed to a body shop near my house, and I am having to pay for a rental car since I was an idiot and never got rental insurance on my car insurance. I filed a claim to be on the safe side, with my insurance company but told them it is FULLY her fault and gave them her name and everything. They said they will be in contact with enterprise's insurance company. Right now I am obviously very mad since I am having to pay out of [pocket for my rental car, towing, and the insurance deducatble, I am 90% sure I will win in court and hope that enterprise's insurance will reimburse me for all these costs, anyone got any advice?

The Brickyard Rat

iTrader: (1)

Its up to your insurance company; thats what your paying for.

Keep in close contact with them.

You might need an attorney for court.

bstansbu

iTrader: (1)

I was going to say cut the poor lady some slack until I saw she was French.

hahaha!!!

BEN

Moreorles

A person in an Enterprise rented car hit you and you are paying to rent a car? Did you contact Enterprise? They should be providing you a car for free until yours is fixed.

Keeferno

That's some BS. What kind of a cop writes you a ticket for something he doesn't think you did? The times you wish you had a video camera.

skeleton jack

WTF?

sicilianoNYC

Yeah, we both got tickets due to the conflicting stories, but after she left he said "look man I believe you, i believe it was a green light, just fight it in court and plead not guilty"

HE WAS EXTREMELY QUESTIONING HER JUDGEMENT when talking to her, this lady was 60-65 also

Keeferno

Then he should not have written you a ticket. As far as what you should do? Can't do a whole lot until you visit your court date and get your ticket dismissed. If you can spare the money a traffic lawyer would be a good idea.

highside107

iTrader: (1)

Sorry to hear that bro I don't understand why the cop still gave you the ticket and didn't rip it up? Why would he make you go to court when it wasn't even your fault? That's what sucks besides the fact that it wasn't your fault if what you're saying is accurate of course... because now this may affect your driving record.

I used to work at Enterprise for a year; their insurance they offer is solid and they'll pay up granted they believe the woman is at fault. What did the police report say by the way?? That's very very important. Find out where the local corporate Enterprise is located. You can do this by looking at their website and putting in your zipcode or calling up a local Enterprise and asking where their local regional office is. After you find this out, call them up and speak with someone in their "Loss Control" department - that's their local corporate department that handles any legal issues like accidents. Also, did you rent your car from Enterprise? They offer pretty low "insurance" rates if you had an accident (like $20/day or so for a rental car, but it depends on who your insurance carrier is because some insurance companies have lower rates with ERAC), and you never know... they *may* agree to reimburse you for a rental car if you rent from them and they agree it was the lady's fault and you go after them for reimbursement costs for the entire accident. Hope this helps; let me know if you need additional advice!

sicilianoNYC

I cant get the police report till tommorow (accident happened last nite), but yeah i rented a car from enterprise at that cheap $23/day rate. I plan on calling this loss control dept after getting the police report. I also have already filed a claim with my insurance company just to be on the safe side, and let them know this is completely not my fault.

davidv

iTrader: (2)

You did the right thing: file a claim with your insurance company. Your insurance company will work with the other drivers insurance and iron out the details. Save your receipts because its possible that you may be reimbursed for towing and rental charges.

“I am 90% sure I will win in court.”

Are you consider filing a civil suit against the other driver after the insurance claims have been settled?

sicilianoNYC

I thought that the enterprise insurance (her rental car insurance) would cover my deductible/rental car fee/towing fee, once the police report comes out and/or I go to court. In other words are you saying this probably wont happen unless I file a civil suit? She doesnt even live in America, she is from France and here for a week.

highside107

iTrader: (1)

Depends on what kind of insurance at Enterprise she took out. ERAC offers 3 kinds of insurance: DW, PAI, and SLP. Damage Waiver (DW) only covers her rented vehicle, PAI covers limited medical expenses. Hope that she took out Supplemental Liability Protection (SLP).. this covers her, the renter, up to $1,000,000 in liability by ERAC in case of an accident (SLP alone does not cover the damage done to her rental car regardless if she's at fault or not, SLP only covers liability to other parties.. the Damage Waiver covers her rental car for damages, but this is far from your concern at the moment). All you are concerned with is that she got the SLP , the other insurances do not matter to you. If she did not take SLP out then ERAC does not owe you anything; you or your insurance company must go after her then in a civil suit. But that's what your insurance company is for right? I'm assuming you have comprehensive and collision coverage under your policy? Comprehensive insurance covers your vehicle for repairs regardless of fault, and then your insurance company will file a civil suit for you against her if she does not have SLP. That's why we pay them so much, they should take care of this for you!! This may go under a "collision" claim with your insurance company if the police report says you're both at fault.. hopefully not though.

davidv

iTrader: (2)

I assume that the reason you are going to court is to plead not guilty concerning your citation. The witness for the state will be the cop. I believe you mentioned that you have no witnesses. Its your trial. The other driver wont be in court.

sicilianoNYC

are you saying its my trial to win by saying she wont be in court? im confused on your last comment...

davidv

iTrader: (2)

You’re going to court to plead not guilty to “obedience to a traffic control device.” You’ll either be found guilty or not guilty. If found not guilty, you go home. If found guilty, you pay a fine and get points.

Maybe one of the other members can explain it better.

sicilianoNYC

thanks for the sarcasm bro....

so you are saying that i probably would have to go to civil court to get reimbursed for the stuff right now I am having to pay for, even though it was not my fault.

skeleton jack

That french broad is long gone bro. Maybe the cop will be like "i remember this guy" and wont show up. If he is cool.

davidv

iTrader: (2)

I apologize if I sound sarcastic. Your accident and financial loss and frustration are not funny to me in the least.

“Fault” and “not at fault” are insurance terms, and will be worked out by the insurance companies. Its possible that you will be found 30 percent respononsible, and the other driver 70 percent. The costs will be shared by both insurance companies. Give it some time and trust your insurance company. If the situation begins to look poor, you may consider hiring a lawyer. Best wishes.

Duck704

Wow strang.. im happy that i do not stay in ATL.
july 2nd 2003 i was involved in an accident. we both had a different story on how it happen. so the police offer wrote the police report saying due to conflicting statements of unit 1 and unit 2 the cause is undetermined. but we never got a ticket.

So when my insurance company got the report and paid my repair bill they went and filed suite against the driver of the other car. and the judge found her at fault and then your insurance company will be reimburse for anything they are out of....

Sorry to hear about the accident.
And good luck
Duck704