Totaled Runner

Wyoming is a modified comparative negligence state, meaning that while one driver may be at fault, the other can share liability by failing to maintain a proper duty of care to avoid the accident. This usually comes up when, for example, the other driver was speeding, distracted, failed to take any evasive action when he had an opportunity to do so, etc.

In my experience, though, 50/50 liability is pretty uncommon. What are they saying you did wrong that made your liability equal to the guy who failed to yield to you?

Did you have collision coverage on your truck? If so, I'd file a claim with your own insurance company and let the two duke it out in arbitration.
 
So in a nut shell because she was going through an intersection and the light was yellow and she was sited for going to fast in the conditions (she was going 40 in a 45 zone) by the trooper that is why they are going 50/50 at this point. She is getting an Atty at this point.

The truck is a total loss either way. She has another car to drive and has another truck to replace this one, so it is going to be a battle of the wills at this point.

We will see what happens. They pretty much pissed off the wrong chick.

Blue
 
I'm also confused as to why they're saying you're 50% at fault, but are willing to pay you at all. TN is also a comp neg state, and here 50/50 means neither party can collect from the other. Wyoming must be a little different.

Are they expecting you to pay 50% of their insured's damages? If not, then they're accepting primary liability and disputing %. In my mind that would be a pretty easy win in court. If they are expecting you to pay, then you need to stop messing with your truck and file a claim under your insurance right now so they can defend you under your liability coverage.

Also fyi I am Not an attorney and I'm no way am i offering any sort of legal advice. You'd need to contact a lawyer for that.
 
Here are pics of the Wet Okoles
 

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Brique said:
Wyoming is a modified comparative negligence state, meaning that while one driver may be at fault, the other can share liability by failing to maintain a proper duty of care to avoid the accident. This usually comes up when, for example, the other driver was speeding, distracted, failed to take any evasive action when he had an opportunity to do so, etc.

In my experience, though, 50/50 liability is pretty uncommon. What are they saying you did wrong that made your liability equal to the guy who failed to yield to you?

Did you have collision coverage on your truck? If so, I'd file a claim with your own insurance company and let the two duke it out in arbitration.
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I got cited for Speed unsafe for the conditions….45 in a 40. Only had liability and UM, so my company isn't fighting for me at all.
 
Here is the final list of liberated parts:

center console, minus the cover
OEM floor mats
aftermarket weather tech-type floor mats
head rests x4
climate control panel
driver's side master control console
passenger side control console
rear electric window controls, both sides
dash panel outlining clock, cup holder, radio
console for 4wd and gear shift
sunroof control panel
AC button
dimmer knob
e-locker button
cargo area carpet and pad, including rear seat back carpet
rear cargo cubby cover
fuel door, Desert Dune color
license plate mounting plate w/ 4Runner badge
tailgate interior panel
rear window motor and relay
cargo cover (tonneau)
fuse box
airbox and hoses
alternator
throttle body
fuses
rear cargo trim strip
OEM roof rack crossbars & one rail (the other wouldn't come off)
Geolander A/T tires x 2, 4 mos old.
ash tray
12v port and lighter
rear spoiler
Wet Okole seat covers and headrest covers w/ rear map pockets, driver's and passenger's seats.

This is all from a '97 Limited that was Desert Dune in color.

I think that's all of it…will be posting in classifieds in a few days with pics. PM me for individual pics/info.

~H
 
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tyr0981 said:
Call your state insurance commissioner, if the other guy was cited, the commissioner will shove it up the other insurances backside.
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My wife has been in the insurance industry for 20 years. Spent several in claims. You go through YOUR insurance company and let them deal with getting paid by the other driver. Do not accept a settlement by any means.
 
Unless her insurance company pays her for her damages, they're not allowed to go after the other driver for damages, because they haven't suffered a loss. If she doesn't have collision coverage, her insurance can't pay her anything.

Now, if the other driver wanted to collect 50% of their damages, because they say she was 50% at fault, then her insurance company can defend her under her liability coverage, but at best they're only going to prevent her from being liable to the other driver. They still can't pursue the other driver for damages.

I still disagree with the 50% liability call on the other insurance company's part. As an adjuster, I made plenty of comparative negligence calls, too. Liability is not in dispute in terms of proximate cause: rn_trauma had right-of-way and was traveling straight. The other driver was turning left into her path and had the duty to yield. The other driver is at fault. Where comparative negligence comes into play is if rn_trauma was doing something negligent that contributed to the accident occurring. Traveling straight through a yellow light is neither illegal nor negligent. It could be argued that if she had been going slower that she would have had more time to react, but from what I understand posted here, she still wouldn't have been able to avoid the accident.

I could see where they're coming from if they had assigned 10-20% to her, maaayybe even 30%, but no way 50%. Just, no way.

That said, is it worth it to go to court over 30-50% of property damages? Probably not. After lawyers get paid and all the time taken off work to deal with it, no.

Should she have gotten collision coverage? Hard to say. Given the age of the truck, the additional premium may not be worth it for the small chance that someone else will hit her and she'll get 50% screwed by the other driver's insurance company. It's accidents like these, where there's a dispute over liability, that cause me to keep paying for collision. But honestly, I've been driving for twenty years now and I've never filed a collision claim. With all the extra premium I've paid over those years, I could have just bought another damn truck.

It's tough to swallow BS calls like this one, but at some point you have to accept that some of that is going to happen in life and save your energy for the big ones.

Sorry to hear you're getting hosed, rn_trauma. I hope you're able to find a better, even more awesomer truck than this one was.
 
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