January 26, 2016
My 17 year old son had my car on a very foggy night, a tractor/trailer backed out onto a state highway intersection, he said the light was green for him when he started backing up, and 10 seconds later my son ran the red light and hit him. My son said the light was red as he approached the intersection he coasted and then the light turned green for him and he started to accelerate through and saw the truck when it was to late. The police report indicates 80% fault to trucker and 20% to the thick fog. My ex-wife hired a lawyer for him. He has a fractured spine. The insurance company says trucker had his flashers on he did not and it would take longer than 10 seconds to back up the truck, he had not been there before.
While your son clearly has a case against the Trucking company and driver -and the truck's insurance company is already gearing up for a battle on this claim - your best option would be to talk to your son's lawyer about a property damage claim against the trucker's insurance for the loss of your car. If they are disputing facts about flashers and time taken to back up, you can be sure they will be trying to minimize their driver's liability not only for your son's personal injury, but also for any property damage claim as well.
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