Legal Question in Personal Injury in Illinois
I was in an accident that was clearly the other person's fault but he had an opposing story. The cop wrote us each tickets for the opposing stories (my ticket for running a red light) (his tickets were for running a red light and failing to yield to oncoming traffic). When it came to the insurance companies his story completely changed and now my insurance may go up if my insurance company cannot prove that it was his fault. What can I do?
3 Answers from Attorneys
There is not much you can do unless you have witnesses who can corroborate your side of the story. Also, sometimes from pictures you can tell who was where when the collision took place. But, so far as the decision of the adjuster, there is not much you can do. If the other side files a lawsuit, your insurance company will provide you with a free attorney who will defend you-hopefully at that time, truth will come out...
If you have been injured, you should speak with a personal injury attorney and file a claim. Often times, having an attorney can help in the narrative of the case.
I hope this helps-
First of all, if he makes a claim against you or sues you, he has the burden of proof. In other words, he must prove morel likely than not that you are more than 50% at fault. Secondly, your insurance company has an obligation to defend you, to interview witnesses, evaluate their credibility, investigate the accident scene, review the police report, the timing of the red lights and the nature of the damage of the vehicles. Some vehicles even have balck boxes and impact sensors that are computer generated. You can help by being cooperative and gathering whatever information is available to you.
What you have here is the classic red light swearing match case. Insurance claims reps see it every day. Obviously, if you have disinterested witnesses that will back you up, your position is much, much better. Otherwise, if you are correct, fight your ticket, don't back down and make the other guy prove it. One last thing, the party that is turning left usually loses. It is very hard to prove speeding without independent witnesses. Good luck.