My Situation (Car Accident I am a Victim of)?
Okay. Here’s the story.
On March 9th, at approximately 8:50 PM, I was driving down a road in Columbia, SC (where I currently reside). The traffic light was green, had on my seatbelt, driving a very very VERY normal speed, and as I made the turn, a driver zoomed through the red light and "T-boned" me, completely damaging the back door on the driver’s side. The car spun a little and thankfully, I wasn’t injured (or worse) and wasn’t hit by any other incoming traffic. There were no eyewitnesses, to my recollection, and the intersection is busy, as there is a restaurant, gas station, a bank (of course, closed at night though), and business around the interesection. We both remained at the accident scene until the cops, ambulance, and firetrucks arrived. We both were questioned. In the police report (green sheet I mailed to my insurance company, Geico), the "Contributed to Collision" spot was checked "Yes" under her name, but "No" under mines. Turns out, we both have Geico insurance. Alright, cool. Went to the hospital that night for evaluation and checked out okay. Got back home that night, and one of the cops/highway patrol guys/officers (SOMEBODY, I don’t know LOL) called my phone…and VIVIDLY said this: "We reviewed surveillance video at the store near the accident scene, and it clearly shows sir that the other party was at fault". They then told me to pick up my police report that next morning.
I missed work the next day to handle all the errands of picking up the police report, securing a rental car, on the phone all morning with Geico, etc. The next day, I return to work, her adjuster called me..recorded our conversation/questioning of the accident…..My own Geico adjuster calls me..and I give her the full story, copy of the police report, etc. Told her that SOMEBODY from the highway patrol/local authorities called my phone that night and told me that they reviewed surveillance video at that store…so she (my adjuster) sends a local person out to the store to try to contact somebody with knowledge about the video. It’s been a week now, and the store manager (and people on duty) deny there being surveillance video capturing the accident. The manager told my local adjuster that he looked at the video and saw nothing indicating an accident.
Sooo..she notifies my main adjuster, and she (and the driver’s adjuster) work with the information they DO have to come to an "agreement"…my adjuster called me today with the decision on this "agreement": that since I had "65% of control of the lane", that I’ll be liable for 35%. At this point, my mouth drops like a bad habit. I’m like, huh? WHY IN HELL SHOULD I BE LIABLE FOR ANYTHING? I told her that I refuse to accept that, and she caught a NASTY ATTITUDE on the phone, going off about how I ‘"HAD a week to find evidence to prove that I wasn’t liable"….BS! First of all, I’M THE VICTIM! WHY SHOULD I HAVE TO FIND THIS EVIDENCE? Matter of fact, WHY SHOULD I HAVE TO GO OUT OF MY WAY TO DO ANY OF THIS MESS? WHY ISN’T THERE A SYSTEM IN PLACE ALREADY FOR LOCAL AUTHORITIES/INSURANCE COMPANIES/CAR FINANCE PEOPLE/LIEN HOLDERS to arrange all the necessary contacts with each other? It’s STUPID! I gave a call this evening to this adjuster’s supervisor, noting her nasty attitude and thinly veiled demand/threat that I HAD to find proof by today (or tomorrow) or that I would have to accept this current liability crap. Excuse the caps, but I’m really (rightfully) ticked here. I have full coverage on my car (0 deductible), etc. This is some "side" information, but the car that was totalled in the accident was a 2007 Honda Accord financed through AmeriCredit, which I owed about ,000 still on (Geico will give them about ,000 for the car), leaving me with ,000, coupled with the amount I will have to pay for the new car I get (whenever I have time to get it after work the next couple days). And, no, my dumb behind did not get GAP coverage..but I will get that place on this new vehicle.
Anyway, that’s the story.
Questions:
1. It’s pretty obvious now that I have legal options already set in place, but for now (to FIGHT having to accept the liability "agreement" made by my about-to-be-former adjuster and the other driver’s adjuster), what can I do NEXT to make sure they don’t place this 35% liability in my hands?
2.) Even IF I, in the end, wind up 0% liable, will my insurance go up?
3.) IF, at some point (due to miscommunication or something) that surveillance video does show up, and/or turns out that it DOES exist, would anybody advise me taking legal action against Geico, the local authorities, and the store…ALL for their sloppy, inept, unprofessional, confusing, and down right RIDICULOUS handling of my accident matter?
All of these questions/thoughts are ASIDE from the fact that I spent too much money, time, energy, resources , and stress towards this entire matter the past 8 days….and have suffered (what I VOCALLY believe is) utter GAR
ALSO, do I need to look out for any points applied to my driver’s license/driving record? Like I said, I wasn’t at fault at all….just seems like this whole thing is a STUPID stupid matter of me having to find hardcore proof of my innocence…something I PASSIONATELY feel I SHOULDN’T HAVE TO DO! I don’t even know where to look, if indeed there’s no surveillance video or eyewitnesses. Again, thanks in advance for your responses and support!