[DAVID GAGNARD]

Denny;

My take on this is right now is it is a swearing match (we have another name for it though) without a police report or police investigation.... She can say anything she wants and it's your son's word against hers....Not good for you.... Both left the scene of an accident without reporting it,so they are both wrong on that count....

I know this is not what you want to hear,but right now 50/50 is about as good as it's going to get under the circumstances...I do not work for State Farm,but have dealt with them for over 10 years now in the insurance claims industry,once as a claimant,I was rear-ended. They are usually tough to deal with and my opinion is that they may have a very good case for the 50/50 deal...

Not sure about all the traffic laws in your state (I'm from Louisiana),but they do differ from state to state some...


I know this is not what you wanted to hear,but you asked for opinions form the insurance guys around here and under the cirumstances that's the way I see it... Unfortuneately the cops were not called and that's the first big mistake here..... Sorry for the bad news....

I'm going to play the devils advocate here (whatever that is),let's assume you fight State Farm on this and this case goes to court......

Here is something you may expect to hear from their legal team regarding the accident and the 50/50 liability;

Your son swung wide left before making a right turn,crossed the center line (illegal),made an unsafe turn in an unsafe condition,then after contact was made,failed to report this to the police (illegal again)... The other party being unfamilar with the road and area did not know there was no road to the left and assumed he was making a left turn,she did not see his blinker because she was blinded by the setting sun and did not know he could not make a left turn because she was blinded by the setting sun and assumed he would turn left and proceded forward.... When she realized he was turning right it was too late to stop,she tried but still struck your truck....

She should be held 50% liable for following too close and your son should be held 50% liable for making an unsafe turn in an unsafe condition.... Sounds good to a judge.....

Granted she hit him basically from the rear and should be deemed at fault,but now you have no police report or investigation and no other witnesses other than the two drivers.... Likely the judge will rule 50/50 case closed.....May not be right,but more likely the way it will happen if push comes to shove.....

Then again,she may have a totally different story by that time,because she has no one to dispute it but your son..... She may say he stopped in the road or was trying to turn around or for that matter she could make up any scenario and it is still her word against your son's,right or wrong....

David