Am I screwed or not?

GooeyGUI

Senior member
Aug 1, 2005
688
0
76
Last night my son drove into an intersection where the opposing driver had a green yield light in their left turn lane while my son's opposing direction had a green light.

The lady told me on the phone that she had punched it to try to get out of his way but he still ended up clipping her right rear bumper with our right front bumper area. She also said that she didn't think to be reporting it to the insurance company would be a good idea given how little damage was done to her car.

She pointed out that most of the damage was on our car and it had mainly just hit her bumper last night when we spoke. Today my estimate was $1060 and my appointment for the body work isn't until 12-29.

I don't really don't want to report it, but our deductible is only $250 and that's an $810 difference. I called her and offered to split the difference and requested a payment of $400 to call it even. When she balked at that I said that I could go as far as saying that we had a $500 deductible so the difference $560 so I asked for $280.

Then she starts going on about how she might have $1,000 damage to her car and what about that. I said that she should compare estimates and each pay half of the other's (which is really clutching at straws) and she agreed to that.

This lady says she shouldn't really have to pay anything because there were no witnesses. She has changed what color of light she had three times since last night. Originally she accused my son of driving through a red light because she had a green arrow. Then she said how she had "punched it" to get out of his way.

Somehow I think I'm out $1060 and screwed unless I report it. My son had an accident just about 3 years ago where he was ticketed as being at fault, but in this case there was no ticket issued. Oregon is a no-fault insurance state and accidents less than $1,500 don't have to be filed with the police.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Thats why you ALWAYS call the police.


But call your insurance and let them call hers and see what happens.
 

sactoking

Diamond Member
Sep 24, 2007
7,616
2,865
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I'm not familiar with all of the Oregon laws, but expect your son to be at fault (at least partially) if you report it. She may have turned on a green yield, but the point of impact was his right front bumper to her rear right bumper. That says she had control of the intersection at the time of contact and your son failed to yield to her. Put another way, your son had the 'last best chance' to avoid the accident and failed to do so. If you report, you'd be betting on the intricacies of Oregon law AND a damn fine adjuster on your side getting you a 50-50 deal or better. I'd put money on that NOT happening.

Also, Oregon is NOT a no-fault state. It does provide/require PIP (Personal Injury Protection), which is a no-fault medical coverage, but it does NOT allow for no-fault property damage coverage.
 

sactoking

Diamond Member
Sep 24, 2007
7,616
2,865
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Originally posted by: brunell8
What the hell is a "green" yield light?

A green 'ball' on a left turn lane. Some states use a green arrow to denote the turning lane has right-of-way, and the arrow cycles to a 'ball' to denote that the lane still has general right-of-way to enter the intersection, but must yield to oncoming traffic before completing the turn.
 

bobross419

Golden Member
Oct 25, 2007
1,981
1
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Originally posted by: brunell8
What the hell is a "green" yield light?

-0-
8.8

When there is a left turn arrow in the bottom left light then it is a full left turn and you have the right of way. When there is no left turn arrow in the bottom left light, but there is a solid green in the bottom right light then you may make a left turn but you do not have the right of way (Much like a yield sign means you can go, but you don't have the right of way).


I hope that description and awesome picture help :)
 

sao123

Lifer
May 27, 2002
12,653
205
106
she should be fined for failure to yield on a left turn.
you should report it to your insurance and let them collect from hers...
screw her.
 

A Casual Fitz

Diamond Member
May 16, 2005
4,649
1,018
136
Should have reported it. There's an intersection right by my house that has that exact setup and screams accident every day. It is 100% her fault and she SHOULD have to pay for everything.
 

Slew Foot

Lifer
Sep 22, 2005
12,379
96
86
you are not allowed to make a left yield turn if it disrupts the flow of straight traffic. 100% her fault.
 

caspur

Senior member
Dec 1, 2007
460
0
0
Lets see: (v1 is your vehicle)

POI v1:right front
POI v2:right rear

You still think you aren't at fault? Failure to yield isn't 100% when the poi are that far back on v2 (especially when both parties claim a green). Maybe they split you 50/50, but they'd probably offer a 25/75 split and negotiate from there.
 

rezinn

Platinum Member
Mar 30, 2004
2,418
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0
She was in the intersection when he was approaching and he still hit her? Poor driving decision not to slow down. Unless there's proof he slammed on the brakes, I would just eat the cost and make your son learn the lesson by paying for it. If you can collect from her that would be nice but given no report and that she's a liar and you have no witnesses, I'd probably not waste the time.
 

NoCreativity

Golden Member
Feb 28, 2008
1,735
62
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Originally posted by: Marlin1975
Thats why you ALWAYS call the police.


But call your insurance and let them call hers and see what happens.

It sucks to be the bad guy but it really is the only way to make sure you have proof to back up your claim. I didn't call the cops last time I was in an accident but I lucked out and the guy paid my deductible but it took me about two weeks to get everything taken care of versus a few days had I just called the cops.

Originally posted by: sactoking
I'm not familiar with all of the Oregon laws, but expect your son to be at fault (at least partially) if you report it. She may have turned on a green yield, but the point of impact was his right front bumper to her rear right bumper. That says she had control of the intersection at the time of contact and your son failed to yield to her. Put another way, your son had the 'last best chance' to avoid the accident and failed to do so. If you report, you'd be betting on the intricacies of Oregon law AND a damn fine adjuster on your side getting you a 50-50 deal or better. I'd put money on that NOT happening.

Sounds like your son was partially at fault since it was his front to her back. It's a big hit to pay it now but I would probably not claim it on insurance since it will end up costing you more than the ~$800 when they jack the rates for a partially at fault accident for a young person.

 

imported_Imp

Diamond Member
Dec 20, 2005
9,148
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Originally posted by: rezinn
She was in the intersection when he was approaching and he still hit her? Poor driving decision not to slow down. Unless there's proof he slammed on the brakes, I would just eat the cost and make your son learn the lesson by paying for it. If you can collect from her that would be nice but given no report and that she's a liar and you have no witnesses, I'd probably not waste the time.

That sounds about right. One small mash of the break and it would have been avoided. He should have been watching the left turner as a defensive driving strategy to begin with. The other car probably thought she had enough time, or that the OP's son would yield to him/her. Sounds reasonable, but this case clearly demonstrates why it's a bad idea.
 

GooeyGUI

Senior member
Aug 1, 2005
688
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He did hit the breaks. BK dinner went flying with fries all over. This is a very small intersection as far as trying to sneak in a turn before on coming traffic.

She could have darted out in front of him easily with her statement, "I punched it so he wouldn't hit me." If she had to hurry her turn that fast then she definitely violated his right-of-way.

Saving $800 wouldn't be worth the cost of increase in insurance rates. He figures to be on my insurance for a long time. Another accident and he would get dropped. The last accident paid out $13,500 for the one he was faulted on three years ago.

I think I'd have to go along with my dad's advice and just eat the loss. I don't have to bring in the police because it was less than $1,500 in damage. I just wish the lady wasn't thinking to make up that there is no determination that can be made with no witness - and therefore no fault on the property damage.

She says she is getting an estimate tomorrow, so we'll try to make some deal. In her own words, "You got the worst of it. It hardly did anything to mine because it hit my big bumper."
 

imported_Imp

Diamond Member
Dec 20, 2005
9,148
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Originally posted by: GooeyGUI
He did hit the breaks. BK dinner went flying with fries all over. This is a very small intersection as far as trying to sneak in a turn before on coming traffic.

So does that mean he was eating in the car...
 

RKS

Diamond Member
Oct 9, 1999
6,824
3
81
In Ohio the cops usually don't write citations unless they witness the crash, a party admits fault, or an independent witness allows the cop to assign fault. However, even with a citation, if the other party indicates to his/her own insurance that they were not at fault, the insurance company will probably decline liability and deny the claim; forcing you to go through your own insurance. Your insurance may try to subrogate the claim. Laws in your state may differ. I have had clients who have to fight for insurance coverage even after being rear-ended and the other party getting a ACD citation.
 

GooeyGUI

Senior member
Aug 1, 2005
688
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Originally posted by: Imp
Originally posted by: GooeyGUI
He did hit the breaks. BK dinner went flying with fries all over. This is a very small intersection as far as trying to sneak in a turn before on coming traffic.

So does that mean he was eating in the car...

No, he was bringing dinner home for all of us to eat here.
 

Ruptga

Lifer
Aug 3, 2006
10,246
207
106
Originally posted by: sao123
she should be fined for failure to yield on a left turn.
you should report it to your insurance and let them collect from hers...
screw her.

This man is correct
 

Bignate603

Lifer
Sep 5, 2000
13,897
1
0
Originally posted by: GooeyGUI
This lady says she shouldn't really have to pay anything because there were no witnesses.

This is what's wrong with America. Unless somebody is forced to take responsibility for their actions they try to get out of it.
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
8
81
Everyone saying he's at fault is an idiot and/or doesn't have left turn yields like that.
 

GooeyGUI

Senior member
Aug 1, 2005
688
0
76
Originally posted by: Eli
Everyone saying he's at fault is an idiot and/or doesn't have left turn yields like that.

and he was in a 35mph zone with going at the limit.