[TR] My TR6 Accident Continuing Saga Now at 2.5 Weeks

[Marty]

Rant on:
Two and half weeks after my 1974 TR6 accident Allstate, the woman's
insurance company, called to let me know I am being held 40% at fault
because I was making a lane change, with my turn signal and headlights on,
at the time she broadsided me. She was ticketed for failure to yield right
of way, I did not receive any citations. Allstate does not claim my lane
change was illegal, just that the lane change "contributed" to the accident
and that maybe I was speeding. The right lane was blocked off by barricades
but there were no workers at that side of the road and there was not any
reduced speed signs or construction signs posted. I was traveling at under
40 MPH, posted speed limit is 45. I've now been driving down that road now 4
or 5 days a week to watch the speed limit signs and just this Wen they
started working on that side of the road and they now have Road Construction
and 25 MPH signs up. I told their claim handler that while I understood her
statement that the lane change "contributed" to the accident she could also
claim the fact that I was on that road at all at that point in time
also "contributed" to the accident but that I didn't agree that that made me
at all at fault. I said I guess that maybe I needed to contact a lawyer and
she then said goodbye and hung up on me.

Someone in our local Triumph club was nice enough to give me the name of a
lawyer who owns a classic car and has been through all this before.
Initially he declined to take the case because saying he doesn't want to do
any personal injury cases but after I explained this was a 74 TR6 and I was
not going after any personal injury money he agreed to take the case. I
already like him. I have an appointment with him Monday morning.

I thought I was being an OK guy by not pushing Allstate to act quickly. I
did call twice during the two and half week process and I even emailed them
a copy of the accident report that I had paid $5 for because they told me
they didn't have a copy yet. When their adjuster visited the house he
noticed some damage to my rear bumper, me trying to be a stand up guy, told
him that that had been there before the accident, which he made sure to
document. Their initial estimate to fix is a little over $3,000 to fix the
passenger door and replace the rear fender, fix the suspension and paint.

I know I could go to Hagerty and get the car fixed now and let them hammer
something out between them but now my stubbornness has kicked in and I'm not
going to he held responsible at all. I don't want them to accept a deal just
because it's easier and faster to settle.

Rant off:
If I can figure out my Triumph Owners user name, I'll post some pics.

Marty Clark
Gilbert, AZ
http://www.triumphowners.com/798