Crunched 5000 TX law Question

[George Selby]

At 02:44 PM 5/10/02, you wrote:
>And when the H E double toothpicks did the insurance companies decide that
>when someone rearends you, it's YOUR fault?

I'm in a similar circumstance, rear-ended, but the insurance company won't
pay what I feel is reasonable. The car involved was my former 86 4kcsq.  I
pulled out of a driveway (the wrong one, I needed the next one,) onto a 45
mph two-lane road  A passing zone began right in front of the driveway I
pulled out of.  No traffic visible in either direction.  I accelerated up
to about 10 mph, went to the next driveway and started to turn in.  I was
going to hit the turn blinker on as my hand started down the wheel for the
turn, but I happened to look in my side view mirror only to see a Ford
Ranger trying to pass me at a very high rate of speed, and he was only like
5 car lengths behind me.  I aborted the turn, and stayed in my lane the
entire time (my front end never came around to enter the driveway.)  At the
same time I aborted the turn, he aborted the pass, and he totalled the
4kcsq in a rear end, in the correct lane of traffic for vehicles travelling
in our direction.

One key to remember, if you are being passed, and pull into the lane (or
turn across the lane) it's your fault for the accident, you have an
obligation to stay travelling at the same speed and direction while being
passed.  Similarly, once you begin a pass, it is your duty to stay in the
passing lane, and complete the pass safely.  So I did what I was supposed
to, namely stay in the correct lane, I just hadn't hit the blinker
yet.  He, on the other hand, began the pass without signaling (either turn
signal or high beam flash,) was speeding at least 65 in a 45, and veered
into my travel lane and struck me from behind.  If he would have stayed in
other lane, we wouldn't have hit.  So he had last clear chance to avoid the
accident.  Last thing against him:  he was driving the truck home from a
body shop from a previous accident.

We both have State Farm Insurance.  I didn't have comp on the car, but they
paid immediately for it, $3350, including rental car.  II had bad whiplash
(his truck was going 55 mph and hit me going 10 mph.)  Medical bills ran
$1100, and my auto medical paid that (Chiropractic care only, I didn't go
to the emergency room, as I knew they would only give me painkillers, and I
essentially won't take anything stronger than a Tylenol, so their
prescription wouldn't do me any good.)  I haven't gotten anything for pain
and suffering, and I did have both.  I had to lay off work for two weeks,
and for 6 months after that it was all I could do to go to work and school,
I had to lay down other than that, couldn't do anything else (like work on
cars, boat, or four-wheel.)

The insurance company offered my $1100, but I don't feel that was an
adequate amount for the pain and inconvenience I suffered due to the guy
hitting me, plus it was their first offer, so I declined it.  However, as I
have discovered, the total amount involved in this case is not enough to
get a lawyer involved.   So while I did make about $1500 on the car being
totalled (I had paid $1500 for it 6 months prior to the accident,)  I
haven't received anything else.  They claim that because my turn blinker
wasn't on I was partially at fault, if it was on, he wouldn't have tried to
pass me.  BTW, it IS legal to pass someone who has their turn blinker on;
they have to stay in their lane until the pass is completed  (see above,)
so even if it was on, he still could have legally passed.  He did get the
ticket for this accident.




George Selby
70 F-100 Ranger XLT 460 C6
78 F-150 4x4 400 4 spd
83 Audi Coupe GT
86 Nissan 300ZX
85 Chrysler 5th Avenue
gselby4x4 at earthlink.net