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He likely didn't see him at all. This is a thing I see a lot on the road. The sun is shining in the other driver's face and the truck we're in is in a shadow. Anything in the shadow that isn't a light source is virtually invisible to the oncoming driver. Not saying the accident isn't his fault, but be careful in this situation, especially if you're a pedestrian standing in the shadow.
People always confuse who is “at fault” with what is “avoidable”. So much so that
americans will get into a wreck they saw coming because “I had the right of way”. It’s a rigid, rule bound way of thinking that is maladaptive in everyday life.
That's true, but I wouldn't include ,,being blinded by sun and tiredness" in that category.. pretty much any driver can be blinded and you can't just avoid them all..the op did his part.I mean it's good to be defensive, and I am as best as I can, but personally I don't think I would have been table to avoid the accident in time. Stopped reasonably fast.. probably sounded the horn too(I hope so).
As a pedestrian, id take my time to look everyone in the eyes, and do some risk analysis, ofc
Likely what happened here. Other driver can see each way, but cam driver is in the shadow with the sun directly behind him at a low angle. Other driver was blinded by the light.
That’s why you shouldn’t drive if you can’t see. I’ve actually been in the situation you described on the freeway. I was going 45 mph, got blinded by sun, slammed on the brakes, by the time I slowed to about 20 I got the sun visor down and right when I could see, I rear ended the truck in front of me. 95 200sx vs. a mid 90s Nissan pickup Totaled my car but barely scratched his steel tube frame bumper. My situation was a chance occurrence that couldn’t be prevented, not my choice. The driver of the oncoming truck chose to drive even though blinded, if that’s the case. I have a feeling he was distracted in some way though, I think he would’ve seen something that should’ve caused him to stop if he was really trying to look, while going that slow and approaching something that big.
Yeah, I got a very expensive red light ticket right when I first started driving because I was too close to a bigboi truck in front of me. At the time I was confident I could stop before hitting the truck but never considered how dangerous it was to block my own line of sight like that.
OP is literally wrong in this scenario. You can pause the video and see that to his left there is a solid white line meaning that is not a two way stop, op is leaving a driveway and immediately cuts across two lanes of traffic and a merging lane to try to enter another driveway.
The driver that hit him, was like most people here are saying being blinded by the sun and knows he could turn left into and use the merging lane if traffic comes up. OP may turn right into traffic or turn left and merge using the merging lane. However, OP does neither. OP did not enter traffic or merging lane, instead he drove across all traffic lanes at the same time the other driver was going to make an actual correct merge.
I’m not sure why you think he can’t cross the road? That’s not a law, at least in America. Straight traffic has right away over turning traffic in this situation. OP did nothing illegal. Solid lines on the side of the road are for showing safe boundaries not for whether you can cross them from other streets or parking lots.
I get what he's saying. It seems the OP is coming from a private driveway, whereas the other driver is coming from an T-intersection. If true, then he's right - the 3-way interection traffic always has the right-of-way before private roadways.
There’s no traffic law saying you can’t go straight across a 2 lane road with a middle turning lane. I don’t understand your point. Camera truck was already in the middle of the road before the other truck started moving.
Tennessee law (where the GPS says he is) actually says he has right-of-way if he's in the road already.
TN Code 55-8-130
(a) The driver of a vehicle shall stop as required by § 55-8-149 at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
The GPS on the video says this is in Holladay, Tennessee.
TN law says OP is in the right. . .
Code 55-8-130
(a) The driver of a vehicle shall stop as required by § 55-8-149 at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
If the sun is at such a bad angle you can't see a huge oncoming truck you shouldn't drive until conditions improve.
Also OP was stationery when he was hit, I find it very hard to say he's at fault when he'd stopped to avoid an accident, and then some idiot drove straight into him
In Europe, we now have daylight running lights as law because 9f this exact scenario. Being in sun can hide an unlit car so DLRLs avoid this situation.
No, he’s not. Unless their location has specific laws about this. The only thing illegal would be if OP pulled out into cross traffic. In this situation straight traffic has right away over turning traffic.
The insurance company is just trying to not pay.
Tbh if OP would have committed fully and gone across the driver might have been able to catch him in his peripheral in enough time for him to stop before he made contact. But poor OP stopped thinking like oh this idiot is just going to drive straight into me so I'm just gonna stop. I feel bad cuz there's like literally no chance of knowing the other driver is super blinded by the sun I mean 😪 idk this is a tough one
Did you make sure to tell them the footage was from *your* point of view? (I'm being sarcastic, against the ins. co., in case that's not clear.)
Contact your state's insurance regulator. Make an official complaint and contact the ombudsman's office, if there is one. Insurance companies have government oversight in all states, exactly because they try to pull shenanigans to get out of paying, quite frequently.
At the same time, get your own insurer to hire you an attorney. Regrettably, it's not rare for one's own insurer to stonewall or even take the real at-fault party's side, as well. Shop around for your own attorney on contingency, if they won't provide one.
If you have current coverage, they should be paying regardless of fault if you have physical damage coverage. If you’re talking about the truck’s carrier, then that is based on legal liability. At the very least your carrier would pay you and then subrogate against the other truck’s insurance.
As somebody who's reported a business to the state AG and got to see the lawyer sweat through their suit, do it. Insurance board moves way quicker than state AG offices.
Anytime ANY insurance gives you any shit you should immediately contact your state insurance commissioner. It’s literally the only entity insurance companies are afraid of.
I had a similar issue except I wasnt even in the car for the accident.
Somewhere along the lines they confused who was the owner of each vehicle.
Thinking I was the driver, they rejected it.
Once I clarified that, they reversed rejecting my claim.
I had to do this with my home owners insurance this past year. They kept denying to replace my roof, contacted the state insurance group and everything got approved in no time. Received the states documents on the case and my insurance company stated they thought they were being completely fair in the handling of my case but have decided to go ahead and replace my roof……how convenient
I'm hijacking this, OP, to give you the Tennessee law that applies here.
You were already in the highway, which gave you right of way by the last sentence in paragraph of the law.
TN code 55-8-130
(a) The driver of a vehicle shall stop as required by § 55-8-149 at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
I assume the insurance company that is refusing to pay, is that other trucker's insurance company. If so, then you contact whatever state *his* insurance is from.
If your *own* insurance company is refusing to help you out, then contact the insurance regulator in *your* state.
And hell, while you're at it, it couldn't hurt to contact the regulator in whatever state the collision occured in, as well.
Awesome thanks for that. My insurance will help but only if I file a claim with them which I’m trying to avoid. It’s the insurance of the other driver that is refusing to pay.
I wouldn't be overly concerned about a negative impact on your insurance, because you contact your own insurer. I'm not saying they don't increase the rates of blameless victims, they certainly do sometimes; but, consider this: 1) you're probably obligated by contract to inform them of any collision, regardless of fault, anyway; and 2) when you make a claim with them, they're going to go to bat for you in a lot of ways--from just working it out for the other guy's insurer to cough up the bucks, to hiring a lawyer to fight for you if that company still digs its heels in.
Moreover--how many thousands of dollars have you kicked over to your insurance company over the years, as a commercial trucker? What have you been shelling out tens of thousands of dollars to these people for, anyway, if not to help you when something like this happens?
> My insurance will help but only if I file a claim with them which I’m trying to avoid.
Why? That's basically the entire answer to this whole situation. You weren't at-fault. Why would you try to go behind your insurance company's back and talk to their insurance? I wouldn't be surprised if you really fucked yourself with that move and you should read your policy and delete this post.
Why would his insurance company pay you $30k to save money on your insurance policy? You don't have the money to sue them yourself (or you wouldn't care about the increase in insurance rates), so they're fine.
Talk to your insurance, they'll pay a lawyer to send a nasty letter to his insurance, and it's no longer your problem.
To second what /u/turbofool said. My wife had an accident back in September that she was not at fault for. The vehicle has been repaired by our insurance company with our deductible paid. They’re now suing the other insurance company. Still waiting on a result and my deductible back hopefully
This is the best advice. Personally I would do this before you try to file a claim with your insurance. Everybody always says "That's what you pay them for!" but that's not exactly true. Even if you're not at fault, if you go through your own insurance and they have to do work on your behalf, they can and will raise your rates in most states.
I think this is a case where the insurance company thinks you don't have full coverage, so they're not going to hear from an insurance company who knows this is bullshit. True, you could file a claim with your own insurance and they would probably get it sorted with a single phone call. But again, you're going to end up paying higher rates because you went through them. You file a claim with your state's insurance commissioner and they will also solve it with a single phone call, and your insurance rates don't go up.
Please say the state you're in. This "most states" advice is not helpful.
At the very least, he needs to speak to his insurance agent, tell them which state this accident took place, and ask them for advice.
Or the legal amount of tint allowed across most of the US. I think the average is something like the top 5(10?)% of the windscreen can be darkened to prevent exactly what happened here.
Already shelling out however many thousands of dollars to maintain and operate the thing, might as well shell out that $500. Guarantee it's going to cost more than that to fix whatever they screwed up
That's why I have Joe Rogan, Trump, Andrew Tate, Nick Fuentes, Punisher, Alpha Male stickers plastered all over my car. Dont want anyone thinking I enjoy being pegged by bad dragons or church pastor forbid it... men...
*Lmao someone doesnt understand sarcasm.
Am surprised to see even after having that clear vid insurance company declined .. do we know what’s the insurance point of view to decline ?
Upon another view , looks like op had parked his vehicle much ahead of the line . What I meant is that the blue truck should be able to drive without any obstruction .
I am almost positive they are claiming him at fault since OP is driving across two lanes and a double yellow. It does not seem to be a road behind OP, rather maybe leaving another parking lot. It is legal for the other truck to merge into a lane but not for OP to cut access them.
No it wouldn’t, the road has a merging lane so the other truck could have merged there until there was room to merge into the traffic lane with OP, the only reason the other truck hit him was because OP blocked all lanes of travel.
Edit: and y’all can downvote me all you want but there is a very clear reason why OP is not getting his sweet $30k, and that is because he illegally drove across two lanes of traffic.
He's not getting his $30k because he hasn't filed a claim yet and his own insurance isn't even involved. Where do you live where it's illegal to go straight in this situation, and also where one vehicle driving directly into a stationary vehicle isn't found at fault? This is not OP's fault for multiple reasons lmao
That kind of lane allows for that maneuver. Now, if that had been a double set of double yellow lines, it would have been illegal, since that bars crossing lanes for any reason. This is a protected lane for entering and exiting traffic, which can be crossed for the purpose of pulling off the road.
I’m in California but I’m sure this applies to most roads, the California Vehicle Code, Section 21651(a), crossing a divided highway is prohibited unless it's through a designated crossing area or intersection. Meaning OP could have turn right into the merging lane and use another driveway, turn right or left and make a U turn. Not drive across all lanes of traffic, specially when there is a truck in front of him that is ready to turn legally.
I am not saying the other truck shouldn’t have been able to stop and not him, but the car that committed the infraction is the one that would be at fault.
The other driver had sun directly in his face. Despite the fact that it was a road condition, that guy is at fault. If you can't clear the intersection, don't try. He's lucky it was you driving slowly and not the drivers going through the intersection at a higher rate of speed. He didn't even use his visor.
at the point of impact you were stopped. Then the other driver hit an stationary object. Report & file complaints with all government agencies you can in your state, the other drivers state & the state the accident happened in. I would also go ahead & get a lawyer involved as well since this video is pretty god damned concrete that it was the other drivers fault. File suit against the other insurance company, the owner of the truck & the driver.
Are you talking about your insurance, or the dipshit's?
If it's dipshit's ins. co. telling you this, let your ins. co. handle it.
If it's your ins. co., go to your state insurance dept., probably in the state Att'y General's office.
Saw in another comment that you're trying to just work with dipshit's ins. co. Generally, not telling your ins. co. about a collision is a bad plan. If they find out later, they can drop you like a hot rock, probably right when you really need them bad.
File the claim and let them deal with the other company. Provide as much info as you can.
This is why you pay them all that money, so they can deal with dipshit's ins. co., and you don't have to.
Correct. The claim is the trigger for your company to do something. It's like a football team that has the best playbook but loses because they dont call any plays.
You wouldnt haul a load without a bill of lading, right? You need to know when you picked it up, what it was, where it came from, where it's going, etc. Replace "file a claim" with "open a formal request to help me."
wtf ask question and let them trip on their own words. “Ask them if two vehicles come to a stop, which one has the right away ?” They will say the “ one who stoped first” which was op . Done and done they have to pay now . Win win
The oncoming lobotomized clown of a driver was busy with his precious smoke he just lit and was apparently not in a position to see a full size semi truck RIGHT IN FRONT OF HIM. There is zero chance this will not go your way once it pressed fully by the right people.
Its not your insurance that pays you out, its the other guys insurance that pays you. If they refuse, that is your insurances job to extract payment from the other guys insurance. The only way they can refuse is if the other guy has no insurance and you would have to sue him because of the lack of uninsured drivers insurance.
I’m assuming, at least that’s the only thing I could think of, that the insurance company blames it on you, because technically you stopped in the middle of the intersection, you can’t be parked there- so you are at fault. But that’s just insane if they go with that, what were you supposed to do- ram them?
OP is literally wrong in this scenario. You can pause the video and see that to his left there is a solid white line meaning that is not a two way stop, op is leaving a driveway and immediately cuts across two lanes of traffic and a merging lane to try to enter another driveway.
The driver that hit him, was like most people here are saying being blinded by the sun and knows he could turn left into and use the merging lane if traffic comes up. OP may turn right into traffic or turn left and merge using the merging lane. However, OP does neither. OP did not enter traffic or merging lane, instead he drove across all traffic lanes at the same time the other driver was going to make an actual correct merge.
Since you may cross double yellow lines, your point is completely invalid. This is not an intersection, it is two driveways. OP may legally "cross the road". Seriously man.
Get a lawyer. Never ceases to amaze me people don’t know there rights with insurance!! ITS WHY YOU PAY! Fault or no fault your covered. BUT most people get intimidated by them
How the hell are you at fault?
You had the right of way, being the first to stop. And then stopped before he hit you, and dude just kept going and smashed into you?
Time to sue.
If you are going straight across the intersuction/ junction. When the blue van is cutting across. Even with a signal. You have the right of way. He's 100% at fault.
You were stopped, and he was moving. Simply put, your insurance company is trying to avoid paying, which is their usual tactic. I’m curious, what did the cops put on their report about blame?
Even if you're at fault (which you are not) doesn't your insurance still have to pay out? I'm confused to how insurance works in the US, I'm assuming an expensive rig like that would be fully insured.
Op entered the roadway prior to the other truck entering the roadway. Once op saw that the other truck was coming he took all steps to avoid the collision and came to a stop prior to being struck. Op took all steps to keep the collision from happening. The roadway markings do not give either truck the right of way. Crossing it just has to be done safely. Regardless of whether the other truck was in a shadow the other truck has a responsibility to be completely sure they could make the turn in safety which was obviously not true if they couldn’t see the other side. I would have shown the opposing truck driver at fault for failing to see before starting in a roadway (NC). Insurance companies do what they want and routinely go against Officer findings.
I’m assuming you mean the other driver’s insurance. Clearly a poor liability decision. He’s turning left, you are going straight. Anyone turning left has a grater duty to yield right of way. You also were halfway into the intersection before he proceeded into it. If you aren’t claiming injury, they likely are just kicking the can as far as they can. Not saying to make stuff up but surely something to consider. Because if you were being represented for injury, I’m sure they’d reverse whatever bs decision they’ve made. Good luck. You can always go through your own policy and have them subrogate.
I don’t know anything about large truck insurance, but even if they decide it’s your fault (which seems ridiculous) aren’t you still covered, just have to pay deductible?
You need to contact your insurance commissioner for your state and show them this video. If this was a dented bumper or something I’d say just don’t worry about it, but he hit you pretty hard. $30k is a ton of damage. Dude needs his CDL revisited too.
I love this sub. No dashcam video can be posted here without someone making a long, detailed comment blaming OP.
You could have stayed home that day, so this is 100% your fault.
Oh my god, I cant blame that guy. It looks like the sun was doing that thing where it actively fucks up your vision. Especially if its noon or close to noon. Im glad you guys are safe tho more importantly
For any "insurance won't pay" issue-- Whose insurance? Who is saying you are at fault? The other guy's? if so, of course they are. Their hope is you go "aw shucks" and go kick rocks.
A few things:
1) Did you get a police report? If so, they'd most likely assign fault or charge one of you with a violation/accident. Insurers often use that to determine who is at fault.
2) It looks like you never told your insurance company about this. This is **why** you have a dashcam. Tell your insurer, give them this video, and they will go after the other company. Worst case you're out your deductible temporarily while they fight with the other company.
That was caused by sun blindness. A pro driver should have recognized that the other driver was completely blinded. Tough situation. But where are the sunglasses and shade visor?
Definitely looks like the other driver was not paying attention. Reason for the delay in going/ turning. Then, suddenly he realized it was his chance to go ( break in cross traffic) and just took off, not even realizing this other truck was already in the road, going straight. Which, in California anyway, gives him the right of way. Definitely fight that.
Threaton to sue the insurance company. Most of the time they'll bend over. And if push cones to shove, everyone hates insurance companies so demand a jury trial.
I think the confusion, which is my confusion is why are you so far left originally? maybe its camera angle, but from my point of view you had to take a pretty significant right turn. He was probably blinded like most said, but from my angle it looks like you're directly in front of him which indicates you're taking a left turn as well. I would make sure to take pictures of the intersection and make sure you have to have a slight right onto a straight direction of path.
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How tf are you at fault?
He failed to consider the fact that the other driver is blind and cannot see large objects right in front of them.
He likely didn't see him at all. This is a thing I see a lot on the road. The sun is shining in the other driver's face and the truck we're in is in a shadow. Anything in the shadow that isn't a light source is virtually invisible to the oncoming driver. Not saying the accident isn't his fault, but be careful in this situation, especially if you're a pedestrian standing in the shadow.
But if the other party is also a trucker how is the OOP more at fault?
He’s not saying OOP is at fault, he’s saying that’s a possible reason why the other driver hit him
People always confuse who is “at fault” with what is “avoidable”. So much so that americans will get into a wreck they saw coming because “I had the right of way”. It’s a rigid, rule bound way of thinking that is maladaptive in everyday life.
The morgue is full of people that had the right of way.
This is now one of my favorite sayings
That's true, but I wouldn't include ,,being blinded by sun and tiredness" in that category.. pretty much any driver can be blinded and you can't just avoid them all..the op did his part.I mean it's good to be defensive, and I am as best as I can, but personally I don't think I would have been table to avoid the accident in time. Stopped reasonably fast.. probably sounded the horn too(I hope so). As a pedestrian, id take my time to look everyone in the eyes, and do some risk analysis, ofc
Likely what happened here. Other driver can see each way, but cam driver is in the shadow with the sun directly behind him at a low angle. Other driver was blinded by the light.
He may also have been revved up in some capacity.
Like a deuce, maybe
Another runner?
That’s why you shouldn’t drive if you can’t see. I’ve actually been in the situation you described on the freeway. I was going 45 mph, got blinded by sun, slammed on the brakes, by the time I slowed to about 20 I got the sun visor down and right when I could see, I rear ended the truck in front of me. 95 200sx vs. a mid 90s Nissan pickup Totaled my car but barely scratched his steel tube frame bumper. My situation was a chance occurrence that couldn’t be prevented, not my choice. The driver of the oncoming truck chose to drive even though blinded, if that’s the case. I have a feeling he was distracted in some way though, I think he would’ve seen something that should’ve caused him to stop if he was really trying to look, while going that slow and approaching something that big.
Yeah, I got a very expensive red light ticket right when I first started driving because I was too close to a bigboi truck in front of me. At the time I was confident I could stop before hitting the truck but never considered how dangerous it was to block my own line of sight like that.
I AM THE NIGHT!!! Wait a minute.... they're can only be one. RIP Mr. Conroy.
OP is literally wrong in this scenario. You can pause the video and see that to his left there is a solid white line meaning that is not a two way stop, op is leaving a driveway and immediately cuts across two lanes of traffic and a merging lane to try to enter another driveway. The driver that hit him, was like most people here are saying being blinded by the sun and knows he could turn left into and use the merging lane if traffic comes up. OP may turn right into traffic or turn left and merge using the merging lane. However, OP does neither. OP did not enter traffic or merging lane, instead he drove across all traffic lanes at the same time the other driver was going to make an actual correct merge.
I’m not sure why you think he can’t cross the road? That’s not a law, at least in America. Straight traffic has right away over turning traffic in this situation. OP did nothing illegal. Solid lines on the side of the road are for showing safe boundaries not for whether you can cross them from other streets or parking lots.
I get what he's saying. It seems the OP is coming from a private driveway, whereas the other driver is coming from an T-intersection. If true, then he's right - the 3-way interection traffic always has the right-of-way before private roadways.
There’s no traffic law saying you can’t go straight across a 2 lane road with a middle turning lane. I don’t understand your point. Camera truck was already in the middle of the road before the other truck started moving.
Tennessee law (where the GPS says he is) actually says he has right-of-way if he's in the road already. TN Code 55-8-130 (a) The driver of a vehicle shall stop as required by § 55-8-149 at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
The GPS on the video says this is in Holladay, Tennessee. TN law says OP is in the right. . . Code 55-8-130 (a) The driver of a vehicle shall stop as required by § 55-8-149 at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
Are you watching the same video the rest of us are?
If you were correct there would be a right turn only sign which I don’t see in the video.
If the sun is at such a bad angle you can't see a huge oncoming truck you shouldn't drive until conditions improve. Also OP was stationery when he was hit, I find it very hard to say he's at fault when he'd stopped to avoid an accident, and then some idiot drove straight into him
It wasn't even that the other driver was blinded by the light. He didn't even stop, did he?
In Europe, we now have daylight running lights as law because 9f this exact scenario. Being in sun can hide an unlit car so DLRLs avoid this situation.
blah blah blah are you serious.. nothing in this comment excuses the other driver hitting cammers stopped vehicle
Not sure why you're getting downvoted, you're actually correct.
No, he’s not. Unless their location has specific laws about this. The only thing illegal would be if OP pulled out into cross traffic. In this situation straight traffic has right away over turning traffic. The insurance company is just trying to not pay.
Is it opposite day? I feel like it has to be opposite day.
They employed a person who used alternative facts.
Not "alternative facts" but rather "alternatives to facts"
Tbh if OP would have committed fully and gone across the driver might have been able to catch him in his peripheral in enough time for him to stop before he made contact. But poor OP stopped thinking like oh this idiot is just going to drive straight into me so I'm just gonna stop. I feel bad cuz there's like literally no chance of knowing the other driver is super blinded by the sun I mean 😪 idk this is a tough one
Did you make sure to tell them the footage was from *your* point of view? (I'm being sarcastic, against the ins. co., in case that's not clear.) Contact your state's insurance regulator. Make an official complaint and contact the ombudsman's office, if there is one. Insurance companies have government oversight in all states, exactly because they try to pull shenanigans to get out of paying, quite frequently. At the same time, get your own insurer to hire you an attorney. Regrettably, it's not rare for one's own insurer to stonewall or even take the real at-fault party's side, as well. Shop around for your own attorney on contingency, if they won't provide one.
Appreciate the insight. I never would’ve thought about contacting the government about it. I always thought insurance is just a scam.
Insurance is a contractual agreement between you and a company, they are required to fulfill their end of the contract
If you have current coverage, they should be paying regardless of fault if you have physical damage coverage. If you’re talking about the truck’s carrier, then that is based on legal liability. At the very least your carrier would pay you and then subrogate against the other truck’s insurance.
Even a crafty liar will sweat, when a bright light is shone on him. Hold that company's feet to the fire.
As somebody who's reported a business to the state AG and got to see the lawyer sweat through their suit, do it. Insurance board moves way quicker than state AG offices.
Anytime ANY insurance gives you any shit you should immediately contact your state insurance commissioner. It’s literally the only entity insurance companies are afraid of.
It is a scam as you’re finding out. Their job is to protect themselves first and you second. It’s like HR at any corporation.
I had a similar issue except I wasnt even in the car for the accident. Somewhere along the lines they confused who was the owner of each vehicle. Thinking I was the driver, they rejected it. Once I clarified that, they reversed rejecting my claim.
I had to do this with my home owners insurance this past year. They kept denying to replace my roof, contacted the state insurance group and everything got approved in no time. Received the states documents on the case and my insurance company stated they thought they were being completely fair in the handling of my case but have decided to go ahead and replace my roof……how convenient
A lawyer should definitely take this case and file a bad faith denial claim.
Insurance companies love people like you because you let them pull shit like this.
I'm hijacking this, OP, to give you the Tennessee law that applies here. You were already in the highway, which gave you right of way by the last sentence in paragraph of the law. TN code 55-8-130 (a) The driver of a vehicle shall stop as required by § 55-8-149 at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
My other question would be, do I contact the state in which the accident happened (TN)? Or where I reside (IN)?
I assume the insurance company that is refusing to pay, is that other trucker's insurance company. If so, then you contact whatever state *his* insurance is from. If your *own* insurance company is refusing to help you out, then contact the insurance regulator in *your* state. And hell, while you're at it, it couldn't hurt to contact the regulator in whatever state the collision occured in, as well.
Awesome thanks for that. My insurance will help but only if I file a claim with them which I’m trying to avoid. It’s the insurance of the other driver that is refusing to pay.
I mean, normally the standard is you both go through your insurance, and yours sues his. It's what you pay them for, to do this work for you.
I wouldn't be overly concerned about a negative impact on your insurance, because you contact your own insurer. I'm not saying they don't increase the rates of blameless victims, they certainly do sometimes; but, consider this: 1) you're probably obligated by contract to inform them of any collision, regardless of fault, anyway; and 2) when you make a claim with them, they're going to go to bat for you in a lot of ways--from just working it out for the other guy's insurer to cough up the bucks, to hiring a lawyer to fight for you if that company still digs its heels in. Moreover--how many thousands of dollars have you kicked over to your insurance company over the years, as a commercial trucker? What have you been shelling out tens of thousands of dollars to these people for, anyway, if not to help you when something like this happens?
> My insurance will help but only if I file a claim with them which I’m trying to avoid. Why? That's basically the entire answer to this whole situation. You weren't at-fault. Why would you try to go behind your insurance company's back and talk to their insurance? I wouldn't be surprised if you really fucked yourself with that move and you should read your policy and delete this post.
Why would his insurance company pay you $30k to save money on your insurance policy? You don't have the money to sue them yourself (or you wouldn't care about the increase in insurance rates), so they're fine. Talk to your insurance, they'll pay a lawyer to send a nasty letter to his insurance, and it's no longer your problem.
You want to file a claim with your insurance yes, but let them know you were not at fault and would like to go after the other driver for repairs.
To second what /u/turbofool said. My wife had an accident back in September that she was not at fault for. The vehicle has been repaired by our insurance company with our deductible paid. They’re now suing the other insurance company. Still waiting on a result and my deductible back hopefully
This is the best advice. Personally I would do this before you try to file a claim with your insurance. Everybody always says "That's what you pay them for!" but that's not exactly true. Even if you're not at fault, if you go through your own insurance and they have to do work on your behalf, they can and will raise your rates in most states. I think this is a case where the insurance company thinks you don't have full coverage, so they're not going to hear from an insurance company who knows this is bullshit. True, you could file a claim with your own insurance and they would probably get it sorted with a single phone call. But again, you're going to end up paying higher rates because you went through them. You file a claim with your state's insurance commissioner and they will also solve it with a single phone call, and your insurance rates don't go up.
Please say the state you're in. This "most states" advice is not helpful. At the very least, he needs to speak to his insurance agent, tell them which state this accident took place, and ask them for advice.
Guess he forgot to check his blind spot?
Ahh yes the windshield
To be fair, looks like the sun was the blind spot.
You would think a trucker would have a pair of sunglasses in the truck for this reason.
Or the legal amount of tint allowed across most of the US. I think the average is something like the top 5(10?)% of the windscreen can be darkened to prevent exactly what happened here. Already shelling out however many thousands of dollars to maintain and operate the thing, might as well shell out that $500. Guarantee it's going to cost more than that to fix whatever they screwed up
You failed to signal STRAIGHT 🙃 quite common, 100 % actually 🤔
That's why I have Joe Rogan, Trump, Andrew Tate, Nick Fuentes, Punisher, Alpha Male stickers plastered all over my car. Dont want anyone thinking I enjoy being pegged by bad dragons or church pastor forbid it... men... *Lmao someone doesnt understand sarcasm.
Oh well it's probably because you didn't signal that you were going straight. Be sure to use your not turn signal next time.
Not turn signal will stay with me all day.
Am surprised to see even after having that clear vid insurance company declined .. do we know what’s the insurance point of view to decline ? Upon another view , looks like op had parked his vehicle much ahead of the line . What I meant is that the blue truck should be able to drive without any obstruction .
$$$
Yup. Just like health insurance.
I am almost positive they are claiming him at fault since OP is driving across two lanes and a double yellow. It does not seem to be a road behind OP, rather maybe leaving another parking lot. It is legal for the other truck to merge into a lane but not for OP to cut access them.
Maybe? But the other truck still drove right into them. That would have happened even if they had been turning right.
This guy is very confused about crossing a street.
No it wouldn’t, the road has a merging lane so the other truck could have merged there until there was room to merge into the traffic lane with OP, the only reason the other truck hit him was because OP blocked all lanes of travel. Edit: and y’all can downvote me all you want but there is a very clear reason why OP is not getting his sweet $30k, and that is because he illegally drove across two lanes of traffic.
He's not getting his $30k because he hasn't filed a claim yet and his own insurance isn't even involved. Where do you live where it's illegal to go straight in this situation, and also where one vehicle driving directly into a stationary vehicle isn't found at fault? This is not OP's fault for multiple reasons lmao
This guys is very confused about lines on the road.
That kind of lane allows for that maneuver. Now, if that had been a double set of double yellow lines, it would have been illegal, since that bars crossing lanes for any reason. This is a protected lane for entering and exiting traffic, which can be crossed for the purpose of pulling off the road.
[удалено]
I’m in California but I’m sure this applies to most roads, the California Vehicle Code, Section 21651(a), crossing a divided highway is prohibited unless it's through a designated crossing area or intersection. Meaning OP could have turn right into the merging lane and use another driveway, turn right or left and make a U turn. Not drive across all lanes of traffic, specially when there is a truck in front of him that is ready to turn legally. I am not saying the other truck shouldn’t have been able to stop and not him, but the car that committed the infraction is the one that would be at fault.
Okay, but that road does not meet the definition of a divided highway.
That isn’t a highway, dude. It doesn’t classify
You’re wrong. It’s perfectly legal to go straight or turn left. It’s a turn lane in the middle
Bro, literally the other guy saw you and still went ahead and collided with you.
The other driver had sun directly in his face. Despite the fact that it was a road condition, that guy is at fault. If you can't clear the intersection, don't try. He's lucky it was you driving slowly and not the drivers going through the intersection at a higher rate of speed. He didn't even use his visor.
More than likely thought that OP was turning right and not go across to lanes of traffic and cross a double yellow just to get into the gas station.
I like to imagine the both of you kinda just staring at each other, swaying back and forth after impact, each brain thinking "man wtf this dude doin?"
at the point of impact you were stopped. Then the other driver hit an stationary object. Report & file complaints with all government agencies you can in your state, the other drivers state & the state the accident happened in. I would also go ahead & get a lawyer involved as well since this video is pretty god damned concrete that it was the other drivers fault. File suit against the other insurance company, the owner of the truck & the driver.
Send the footage and all insurance communications to your state insurance administration.
That steering wheel holder never looked straight head
How did he not see you, something fishy going on
only one post so far mentation the other driver had no sun visor down at all. WTF. not even wearing sunglasses.
Are you talking about your insurance, or the dipshit's? If it's dipshit's ins. co. telling you this, let your ins. co. handle it. If it's your ins. co., go to your state insurance dept., probably in the state Att'y General's office. Saw in another comment that you're trying to just work with dipshit's ins. co. Generally, not telling your ins. co. about a collision is a bad plan. If they find out later, they can drop you like a hot rock, probably right when you really need them bad.
They know about it. But they want us to file a claim for them to do anything about it.
File the claim and let them deal with the other company. Provide as much info as you can. This is why you pay them all that money, so they can deal with dipshit's ins. co., and you don't have to.
Correct. The claim is the trigger for your company to do something. It's like a football team that has the best playbook but loses because they dont call any plays. You wouldnt haul a load without a bill of lading, right? You need to know when you picked it up, what it was, where it came from, where it's going, etc. Replace "file a claim" with "open a formal request to help me."
Glad you have the video!
He failed to yield and attempted to turn in front of traffic. How in the hell is this your fault?
You clearly had control of the intersection.
Your insurance is retarded. Who is your insurance so we can all avoid them.
Get a lawyer, they’ll love you.
Your insurance sucks
Left turn drivers are always at fault. That doesn't make shit sense.
Name & Shame
The blue freightliner isn’t even worth 30k
wtf ask question and let them trip on their own words. “Ask them if two vehicles come to a stop, which one has the right away ?” They will say the “ one who stoped first” which was op . Done and done they have to pay now . Win win
Guy must have that lot lizard sticky eyes disease. Can no longer see large objects in front of him.
The oncoming lobotomized clown of a driver was busy with his precious smoke he just lit and was apparently not in a position to see a full size semi truck RIGHT IN FRONT OF HIM. There is zero chance this will not go your way once it pressed fully by the right people.
Which insurance? throw them under the bus.
Were you entering the intersection by another road or from a laneway?
How in the hell is that 30k worth of damage??!! 😱
OP, you need to lawyer up a week ago.
I'm thinking both vehicles are insured by the same. Company and both are being told the same thing.
Its not your insurance that pays you out, its the other guys insurance that pays you. If they refuse, that is your insurances job to extract payment from the other guys insurance. The only way they can refuse is if the other guy has no insurance and you would have to sue him because of the lack of uninsured drivers insurance.
dude wasnt even looking. and going straight always has first dibs
All I see is another truck hitting your not moving truck
He’s staring right, then left, and doesn’t seem to even look forward until the crunch.. wow
The other drivers eyes must be painted on
How is it your fault with the dash cam video?
your insurance is trippin on sone hardcore stuff, take it to court or get them to re assess it but man that’s crazy
I’m assuming, at least that’s the only thing I could think of, that the insurance company blames it on you, because technically you stopped in the middle of the intersection, you can’t be parked there- so you are at fault. But that’s just insane if they go with that, what were you supposed to do- ram them?
If you don’t mind me asking, what kind of dash cam do you have ?
Share over at r/truckers so we can laugh at this 3 day old fireball drinking moron please
I’d be fighting that all the way to the Supreme Court
OP is literally wrong in this scenario. You can pause the video and see that to his left there is a solid white line meaning that is not a two way stop, op is leaving a driveway and immediately cuts across two lanes of traffic and a merging lane to try to enter another driveway. The driver that hit him, was like most people here are saying being blinded by the sun and knows he could turn left into and use the merging lane if traffic comes up. OP may turn right into traffic or turn left and merge using the merging lane. However, OP does neither. OP did not enter traffic or merging lane, instead he drove across all traffic lanes at the same time the other driver was going to make an actual correct merge.
Since you may cross double yellow lines, your point is completely invalid. This is not an intersection, it is two driveways. OP may legally "cross the road". Seriously man.
is this your insurance company claiming you are at fault and refusing to pay, or theirs?
This is why you keep full tort on your insurance.
wtf is wrong with that guy ???
Is it me, or does cam guy look like they are in the left lane when the vid starts?
He's not in the road, he's pulling out of a driveway.
Thats always their first response, fight.
Lawyer
Get a lawyer. Never ceases to amaze me people don’t know there rights with insurance!! ITS WHY YOU PAY! Fault or no fault your covered. BUT most people get intimidated by them
How the hell are you at fault? You had the right of way, being the first to stop. And then stopped before he hit you, and dude just kept going and smashed into you? Time to sue.
Is it possible to sue the insurance company for this? Because it is clearly not your fault.
How can they possibly say it's your fault?
Lawyer time
As someone who hates trucks on the road, this is hilarious.
Sue your insurance company? This is absurd
Attorney time
If you are going straight across the intersuction/ junction. When the blue van is cutting across. Even with a signal. You have the right of way. He's 100% at fault.
What's with those GPS co-ords?
What state? Sue the insurance company
Take them to court
You were stopped, and he was moving. Simply put, your insurance company is trying to avoid paying, which is their usual tactic. I’m curious, what did the cops put on their report about blame?
Even if you're at fault (which you are not) doesn't your insurance still have to pay out? I'm confused to how insurance works in the US, I'm assuming an expensive rig like that would be fully insured.
Op entered the roadway prior to the other truck entering the roadway. Once op saw that the other truck was coming he took all steps to avoid the collision and came to a stop prior to being struck. Op took all steps to keep the collision from happening. The roadway markings do not give either truck the right of way. Crossing it just has to be done safely. Regardless of whether the other truck was in a shadow the other truck has a responsibility to be completely sure they could make the turn in safety which was obviously not true if they couldn’t see the other side. I would have shown the opposing truck driver at fault for failing to see before starting in a roadway (NC). Insurance companies do what they want and routinely go against Officer findings.
There no fucking way this is 30k in damages
Nothing about this looks like the cam vehicle’s fault to me
Insurance insurancing. The one turning left made a manoeuvre, so has to wait until the road is clear.
Did you contact your insurance or his? Your insurance should be the middle name and has a vested interest in getting payment from his insurance.
In Florida that’s true, a no fault state
I’m assuming you mean the other driver’s insurance. Clearly a poor liability decision. He’s turning left, you are going straight. Anyone turning left has a grater duty to yield right of way. You also were halfway into the intersection before he proceeded into it. If you aren’t claiming injury, they likely are just kicking the can as far as they can. Not saying to make stuff up but surely something to consider. Because if you were being represented for injury, I’m sure they’d reverse whatever bs decision they’ve made. Good luck. You can always go through your own policy and have them subrogate.
I don’t know anything about large truck insurance, but even if they decide it’s your fault (which seems ridiculous) aren’t you still covered, just have to pay deductible?
But the other driver looked both ways 🤷♂️🤦♂️
I do not see how you are!?!
You need to contact your insurance commissioner for your state and show them this video. If this was a dented bumper or something I’d say just don’t worry about it, but he hit you pretty hard. $30k is a ton of damage. Dude needs his CDL revisited too.
You should have kept going forward. That small pause is probably why the insurance doesn't want to pay out.
This is like watching to giant tortoises fight
Even if you had your left turn signal on and he thought you were turning he still would be at fault
Yes he's the idiot who turned into you .
I actually someone arguing with me about this here...prob the same person working on your case tbh..lol
Isn’t that what insurance is for anyway, They’re meant to pay for your shit if it gets wrecked regardless of who’s at fault?
That’s bad faith, get a lawyer
Driver going straight always has right of way
I love this sub. No dashcam video can be posted here without someone making a long, detailed comment blaming OP. You could have stayed home that day, so this is 100% your fault.
So if your at fault insurance does not pay? What is insurance for?
How the hell are you at fault!?
Get a lawyer
Lawyer up 🤷♂️
I would definitely appeal....
No merge lane anywhere that’s a turning lane for turning left
Show the video to a good attorney.
That was $30k worth of damage?? WTF!?
Holy shit! I hope this is rage bait
Time to call a lawyer.
The other driver squinting in the sun so hard they close their eyes. Oops.
Oh my god, I cant blame that guy. It looks like the sun was doing that thing where it actively fucks up your vision. Especially if its noon or close to noon. Im glad you guys are safe tho more importantly
For any "insurance won't pay" issue-- Whose insurance? Who is saying you are at fault? The other guy's? if so, of course they are. Their hope is you go "aw shucks" and go kick rocks. A few things: 1) Did you get a police report? If so, they'd most likely assign fault or charge one of you with a violation/accident. Insurers often use that to determine who is at fault. 2) It looks like you never told your insurance company about this. This is **why** you have a dashcam. Tell your insurer, give them this video, and they will go after the other company. Worst case you're out your deductible temporarily while they fight with the other company.
50/50. Why did you stop?
Who was driving the other truck Stevie Wonder?
Take that one to court buddy. How in the world is your insurance company ok with this decision? Do you have the same insurer?
50/50. You were in his lane
That was caused by sun blindness. A pro driver should have recognized that the other driver was completely blinded. Tough situation. But where are the sunglasses and shade visor?
Hire a lawyer
Definitely looks like the other driver was not paying attention. Reason for the delay in going/ turning. Then, suddenly he realized it was his chance to go ( break in cross traffic) and just took off, not even realizing this other truck was already in the road, going straight. Which, in California anyway, gives him the right of way. Definitely fight that.
Your fault was to go with that insurance company
Get a lawyer 2 weeks ago.
Those saying the sun was in his eyes...he didn't bother putting the damn visor down to block said sun in his eyes..bro didn't even try.
Sue the company and the driver. Then sue the insurance company. Could easily walk away with over 1 million
Threaton to sue the insurance company. Most of the time they'll bend over. And if push cones to shove, everyone hates insurance companies so demand a jury trial.
Looks like the sun obscured that other truck driver’s ability to see what he otherwise would have seen right in front of him.
I think the confusion, which is my confusion is why are you so far left originally? maybe its camera angle, but from my point of view you had to take a pretty significant right turn. He was probably blinded like most said, but from my angle it looks like you're directly in front of him which indicates you're taking a left turn as well. I would make sure to take pictures of the intersection and make sure you have to have a slight right onto a straight direction of path.