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Auto accident where semi runs red-light
I was involved in an auto accident where a semi truck ran a red light and totaled my car and I was injured. Luckily my kids were ok.
The issue is that when the police arrived he tried telling them that his light was green and it turned yellow when he was partway through the intersection .
The fact is that he had a completely red light and there were witnesses. There was a different truck driver at the light who saw the whole thing and she said he was speeding.
He was cited by the police for running a red light. he is trying to tell his insurance company that I ran the light and ran into him. I could not get a copy of the police report right away so they could have the witness information. The police dept said they could not release it until he went to court for the citation. Well, after calling the pd and explaining the whole situation and doing a little begging, they released the report and I sent it to the insurance company.
The problem I'm having is that his insurance company said even the my car has been declared as totaled, they wanted me to pay the tow yard 700.00 up front to get my car out until the insurance decides liability so that no more storage fees would accrue. They gave until today to get out said if their client was found liable they would not pay any fees past today. Can they do that? I called the tow yard and they said we should not get it out. They said the insurance company was just trying to save themselves money.
My insurance company has not done much to help me. it probably doesn't help that me and the other driver have the same insurance company.
Answer to Auto accident where semi runs red-light
Well, you have a duty to mitigate damages. They are trying to stop the storage fees from getting too big. The tow yard wants their car on their yard so they make money from you or them.
At this point, you want to move the vehicle out if you can. If you cannot, then send a letter to the insurance company telling you are trying to mitigate your damages, but moving the vehicle will cost another fee / bill (if the vehicle cannot be safely driven, then you will have to tow). This is assuming the tow yard is fully paid, which the are not.
Make sure you sent the letter certified. Also fax it and have a copy of the fax confirmation sheet. This may help you if the fees get out of control. You are trying to mitigate, but this is a damage directly related to the accident.
See more about mitigation of damages here:
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