I was having a great day (July 31). I had just finished taking finals for the term, receiving all A's. (I am a non-traditional student, returning to college at 37 to become a Nurse.) A classmate and I were going to grab a bite to eat after class. I was driving down a one way street in the far left lane (3 lanes on this street) I observed a minivan in the center lane next to me & a little ahead. Out of nowhere the minivan turned in front of me, apparently to enter an alley way. There was no way to avoid the collision. I did however try, applying the brakes & steering for the curb.
I struck the minivan just IN FRONT of the rear tire on the drivers side, with the passenger side of my front bumper. I was going 30 mph in a 35 mph zone, but the impact totaled my old 1991 Buick Regal, (I was praying it would last until Dec. When I graduate), bending the frame and causing damages in excess of the value of the car.
The police were called & did a normal accident investigation & report. The other driver was issued a citation for an "improper left turn", even though she denied any wrong doing. Unfortunately we both have State Farm Insurance. The other driver had full coverage on her 2006 minivan, while I only carry liability on my old car. My car was towed to a body-shop & I rented a car & paid for their insurance at the advice of my State Farm Agent.
After Nine Days, (and dozens of calls) I was informed that the other driver denied any "liability" & that her adjuster stood behind her & no claim would be paid. I was shocked to say the least.
I immediately returned the rental car & found out that I would also have to pay $90 to get my totaled car out of the body-shop lot. I was now left with NO car, NO money, & NO way to get to school or the three hospitals in town for clinicals. Thankfully I have great parents who put themselves out & let me borrow their car.
But wait, this gets better!
A couple days later "her adjuster" called, (again after my many phone calls) and said circumstances had changed & offered a 60%/40% split in liability (in my favor). Apparently the other driver who has claimed complete innocence in all this paid the ticket she was issued the day of the accident, stating that she only paid it because she couldn't make the traffic court date & that she was still not at fault for the accident.
With all the evidence against her (the accident report, the ticket, admitting guilt by paying the ticket) the adjuster with her still had the guts to tell me that liability could not be established in this case, It was just her word against mine.
I have refused the 60% settlement. I would be left with nothing after paying rental car fees & storage fees & there is no way that would even come close to getting me another car.
I am only asking for what is fair and just. Now I am going to consult an attorney. Hopefully I can come out of this with another old clunker to drive and make it through college.
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