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What are my options for vehicle collision?
Posted on 4/9/26 at 10:24 am
Posted on 4/9/26 at 10:24 am
2 weeks ago, my wife rear-ended a van. The driver of the van was stopped in a moving lane trying to turn left into a parking lot. There was a turning lane in between the west and east bound lanes (single lane going both ways), but she was not in the turning lane. A truck in front of my wife swerved to avoid the stopped van in the moving lane, but my wife could not react in time to avoid the collision. Point of impact is documented in the moving lane because of the glass shatter in that lane, not the turning lane. The police issued the other driver the citation and there was an eyewitness that gave a statement in favor for my wife.
At fault driver’s insurance is not claiming liability, stating that my wife should have maintain control of her vehicle and avoided the van. Our insurance just came back saying the same thing, even though citation was given to other driver. I asked about shared liability, and they said they will try for 70/30, with the majority of liability on our end. And my wife was not on her phone. Not distracted.
For the OT lawyers, should I pursue this or just settle for shared liability? Our vehicle is going to be a total loss. This is in Louisiana, by the way.
At fault driver’s insurance is not claiming liability, stating that my wife should have maintain control of her vehicle and avoided the van. Our insurance just came back saying the same thing, even though citation was given to other driver. I asked about shared liability, and they said they will try for 70/30, with the majority of liability on our end. And my wife was not on her phone. Not distracted.
For the OT lawyers, should I pursue this or just settle for shared liability? Our vehicle is going to be a total loss. This is in Louisiana, by the way.
11
Posted on 4/9/26 at 10:25 am to Crescent Connection
Do what your lawyer says.
Posted on 4/9/26 at 10:57 am to Crescent Connection
1. Not your call, it’s the insurer’s call
2. Settlement at this stage is gonna be a much better outcome for you than the headache of a lawsuit, and the insurer’s assessment of higher liability means they’ll offer more money to make it go away.
It sucks and you’d think your insurance company would be on your side and help defend, but they don’t give two shits about vindicating you. They care about making it go away as soon as possible for as little as possible.
Legal fees for contesting liability will quickly exceed whatever they’re willing to offer now.
2. Settlement at this stage is gonna be a much better outcome for you than the headache of a lawsuit, and the insurer’s assessment of higher liability means they’ll offer more money to make it go away.
It sucks and you’d think your insurance company would be on your side and help defend, but they don’t give two shits about vindicating you. They care about making it go away as soon as possible for as little as possible.
Legal fees for contesting liability will quickly exceed whatever they’re willing to offer now.
This post was edited on 4/9/26 at 10:58 am
Posted on 4/9/26 at 11:55 am to Crescent Connection
Your insurance company dictates the defense, or lack thereof
Posted on 4/9/26 at 12:05 pm to Crescent Connection
your wife is at fault
Posted on 4/9/26 at 12:12 pm to Crescent Connection
As long as insurance is paying for it, there's really not much to fight. The insurance companies have figured out a way to increase rates on both parties in accidents like this amd there's nothing anyone can do about it without new legislation regarding eliminating partial fault.
This post was edited on 4/9/26 at 12:13 pm
Posted on 4/9/26 at 12:13 pm to Crescent Connection
quote:
At fault driver’s insurance is not claiming liability, stating that my wife should have maintain control of her vehicle and avoided the van. Our insurance just came back saying the same thing, even though citation was given to other driver.
I had a teenager swerve across three lanes of traffic one time and proceeded to come into my lane on the far left and it took my mirror off and some other scratches. I was astounded that he stopped.
Police report placed him at fault. But it wasn't ready when I filed the claim under his insurance. They denied the claim. I sent in the police report where the kid basically opened his mouth and admitted to swerving.
After they got the police report placing blame on the kid.. they changed their tune and paid for the damages and rental.
You can send in the police report if it lists them at fault. If they deny again... you can either sue or claim it on yours.
Posted on 4/9/26 at 12:33 pm to Crescent Connection
Like a good neighbor...
Posted on 4/9/26 at 12:49 pm to Crescent Connection
Your wife rear ended a vehicle stopped to make a left turn. Insurance companies will determine liability using prior history of similar claims and look at how a judge would decide liability. New comparative negligence law in LA bars recovery for anyone deemed 51% or more at fault. Your wife is more than 51% at fault, so you will not likely be able to recover under the liability policy of the stopped vehicle. While the other vehicle may have a small % of liability, somewhere in the 10-30% range, you still cannot recover due to the new comp neg laws in LA.
Posted on 4/9/26 at 1:00 pm to Crescent Connection
I certainly see your point about the van being stopped in the travel lane and not the turn lane, BUT your wife was either going too fast and/or following the vehicle in front of her too close.
While it may be true that the van was ticketed, that does not absolve your wife from liability on the part she played in the accident as well.
While it may be true that the van was ticketed, that does not absolve your wife from liability on the part she played in the accident as well.
Posted on 4/9/26 at 3:07 pm to Crescent Connection
quote:
Your wife should have maintain control of her vehicle and avoided the van.
Posted on 4/9/26 at 4:57 pm to warm
quote:
Your wife rear ended a vehicle stopped to make a left turn. Insurance companies will determine liability using prior history of similar claims and look at how a judge would decide liability. New comparative negligence law in LA bars recovery for anyone deemed 51% or more at fault. Your wife is more than 51% at fault, so you will not likely be able to recover under the liability policy of the stopped vehicle. While the other vehicle may have a small % of liability, somewhere in the 10-30% range, you still cannot recover due to the new comp neg laws in LA.
OP might as well set a calendar reminder for 2 years from now for when he gets served with a lawsuit filed by Gordon.
Posted on 4/9/26 at 5:28 pm to Crescent Connection
From an Evil Empire website:
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