Car Accident Fault question

[eibowow]

On saturday night, sept.9, around 10pm, I was driving southbound on dranesville road, my friend was infront of me and I was following right behind him.

Anyway, we were turning left onto wiehle avenue from Dranesville, but the light was red so we stopped. Then, we got the green ball/green arrow to turn left so we started into the turn. He was about 20 feet away from me (he made it through the intersection_, but while I was into the turn, an oncoming suburban ran the redlight and hit me almost head on.

The guy that hit me is claiming that he had a green light. I know i had a green ball and green arrow and my friend infront of me also told the cop on the scene we had a green ball/green arrow. The police report just says that we are both saying we had green lights (me and the guy that hit me) and it says there are *no witnesses* although my friend was right there in the car infront me. (he heard the accident but didnt see it because he was infront of me). This guy clearly ran the red light but is lying and saying it was green. Also, on the police report it says the guy was going 50 in a 40mph zone.

So, I was speaking with this guy's insurance today (allstate) and they are saying that since there is a conflict of who is at fault here, each insurer will cover their own and the witness doesnt count because he is my friend.?! Anyway, i only have liability insurance on my car and if each insurer is responsible for their own i wouldnt get anything back...and my car is totalled and the total for towing and storage is around $600 +$42 storage fee for every day.

Has anyone been in this situation before or know what i could do to get my money/car back?

[bimmer2288]

This one should be easy. Get an attorney.

[PeaveyBassist]

Attorney. You'll get money. Don't settle with the other insurance company like that. They just want to spend as little money as possible.

Will

[Jand3rson]

Exactly what these 2 have said. Insurance companies will try to fuck you in the ass every chance they get. They will say all kinds of shit and try their hardest to make it sound legal. Get an attorney, and fight them to the end. You'll get your money. Them claiming that shit about your friend not being a credible witness because he's your friend is straight-up bullshit.

[1991 318is]

Witnesses.

If your friend did not "see" the accident as it occured he can only state that he took off on the green arrow and that you were behind him. The police officer did not see the accident. I am surprised that he could state the suburban's speed unless the driver admitted it to him. Go back and record the time/cycle of the light. The time/cycles change at different times of the day. Then get the same information in writing from the City for the time and date of the accident. Then your friends statement will have more weight. Even if you have a chance of winning, an attorney may still not take your case. There is no percentage in it. Big question - are you in a comparative negligence or no-fault state. Although unethical on your part it will probably only pay if you are injured.
It sounds like the tow/storage bill has eaten up the salvage value of your car. You have a duty to "mitigate" your damages. The courts have consistently held that the existence or lack of insurance is not a factor in mitigating damages. In other words you are held to a standard of doing what you would do if there were no insurance involved. You can't let it accumulate fees and expect the insurance company to pay them no matter how high. If a "reasonable" person has the right to abandon salvage when the salvage fees exceed it's value, so does an insurance company.

[ddavidv]

Exactly what these 2 have said. Insurance companies will try to fuck you in the ass every chance they get. They will say all kinds of shit and try their hardest to make it sound legal. Get an attorney, and fight them to the end. You'll get your money. Them claiming that shit about your friend not being a credible witness because he's your friend is straight-up bullshit.

Ahhh, an armchair insurance claim expert. Step aside, son, and let the people who actually work in the business handle this one.

"1991 318is" is on the money. You'll have to take the Suburban guy to court, but he will be represented by his insurance company. That doesn't mean you can't beat him though. Do the background work that he suggests, but I'm doubtful an attorney will help unless you pay him by the hour, which is not inexpensive. With a little training though, you can represent yourself.
The problem is, insurers are obligated to protect first the person who buys their policy. When you have a he said/he said situation, they will have to default on the side of their insured, unless there is a clear indication their insured is lying. A police report that places blame, the other driver receiving a ticket, and uninvolved witnesses are all important tools. It doesn't sound like you have any of that in your favor. Your friend isn't a totally disinterested 3rd party, but I'd say in a local court the fact that he went cleanly through the light first should be helpful.
As for your car, you are on the hook for the towing and storage. Since it probably isn't worth more than your bill ($42 a day...good god, it's only $25/day here), what I'd suggest is you pay the towing part (they performed that service, so are owed that) and just give them the title to your car to cover the storage. If they whine, just tell them you don't have the money to pay their (excessive) storage fees and it's either they get the car or they can get nothing and then have to deal with disposing of a car they don't own, which will cost them money. Most will go for it.
I feel for you. It sucks, but this is why I encourage everyone who has a car of some value to still carry Collision coverage.