A guy was jaywalking and when he was in my view it was too late, I had to avoid him and my car went over the sidewalk and hit a pole. Insurance determined I am responsible 100% because I lost control of the vehicle. Is this right? What pisses me off more is the guy was a drunk.

 

Should have knocked the damn drunk over! What's the damage?

 

My G was totaled! I didnt really have much time to step on the brakes it hit the pole pretty good. Too much frame damage they say.

 

That sucks. Pretty much there's not much you can do about it. You have full coverage? If so then your insurance will cover most of the costs. As for the pedestrian, they always have the right of way so even if they caused you to crash your car they're not liable for it. Only way is to sue the guy.

 

Yeah I have full coverage, but is this going to make my premium go up?

 

Without a police report and/or witness statements you are pretty much up the creek.
Premium may go up, just be thankful you have insurance.

 

yup.

 

Well I have police report because I made the drunk stay until police arrived. Im not sure what it says in police report, but the at the time the officer told me the pedestrian wasnt at fault, but I wasnt at fault either.

 

The insurance could treat it as a no-fault incident - depending on the state you are in though.
But do expect the insurance rate hike since the damage exceeds $1000. Watch out for the state/city property damage - you might get a ticket for the damaged pole.

 

Wow slam on the brakes and hope that you don't run the guy over. I wonder if hitting a pedestrian is worse than what insurance will do to you

 

Depending on the state you live in you can appeal the merrit rating fromt he insurance company. Here in Boston they actually give you a chance to explain your situation to the insurance company. The insurance company tried to give me points after my car got totalled by a drunk driver. The cop gave me a warning for marked lane violation but now where in the police report did he report that the guy was drinking and driving. Luckily I had a camera in the car so I was able to show all of the empty beer cans and his skid marks. Saved me 7 points on my record and an insurance hike.

 

Pedestrians do not always have the right of way. If someone darts out in front of you and you hit them, you are not necessarily liable. Dart outs are a valid defense to hitting a pedestrian. I see no reason why that cannot be a defense in this situation if it is documented in the police report.

 

Well how fast were you going that you couldn't:

1) slow down enough to stop before you hit him
2) hit a pole hard enough to consider the car a total

 

What was the speed limit on the road this occurred on?

 

awh man that sucks. i just totaled mine on new year eve. im lookin on buyin a g35 sedan. very soon =]