So let me be sure I'm following here, B&C are both lanes of traffic traveling in the same direction, you turned left from C into B?
And NO MATTER how i read it, it all just doesnt seem like a question about who's at fault but whether u can weasel your way out of it.
From the tone of your words, it is clear that you already feel doubtful about the accident and that deep down, you know that your mum or any other person would have told you you were wrong.
Yet, to get away from paying, you would rather have the collective intelligence of the people here try and figure out how to best help you out.
You dun do a K-turn if there are cars behind u. If u pulled to the side slightly, u gotta wait till the road clears before turning. If i had been in the car that hit u, I would have gotten out and gave u a punch for causing danger to MY LIFE ( or the woman's in this case.)
Just pay the damages and get on with your life. Oh, and grow up. Accept your faults and learn from your experiences. Learn to drive better.
From the tone of your words, it is clear that you already feel doubtful about the accident and that deep down, you know that your mum or any other person would have told you you were wrong.
Yet, to get away from paying, you would rather have the collective intelligence of the people here try and figure out how to best help you out.
You dun do a K-turn if there are cars behind u. If u pulled to the side slightly, u gotta wait till the road clears before turning. If i had been in the car that hit u, I would have gotten out and gave u a punch for causing danger to MY LIFE ( or the woman's in this case.)
Just pay the damages and get on with your life. Oh, and grow up. Accept your faults and learn from your experiences. Learn to drive better.
Was your signal on for left? How fast were you traveling? If you were indeed stopped on the shoulder of the road you were at fault, which it sounds like you are. If so be a man and take it, saying she was speeding isn't going to help you any.
IF you were say going 25 mph, signaled left, began to brake and were turning left and she tried to pass you in the oncoming lane that I would say that she is at fault for improper passing.
IF you were say going 25 mph, signaled left, began to brake and were turning left and she tried to pass you in the oncoming lane that I would say that she is at fault for improper passing.
Zenmervolt
Elite member
- Oct 22, 2000
- 24,514
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Did you have your left turn signal on? I didn't think so. That is enough to negate your claim of a "left/3-point turn". I pull slightly to the right before making a left turn a lot of the time, but I always have my left turn signal on at the time so that the other drivers know what I'm going to do. More than likely you will both get cited if a police report is filed, her for passing you when she shouldn't have and you for failing to signal. If I see a person slow down and pull to the right without using their turn signal, I know that it is almost always a safe assumption that they are turning right. Bottom line, both at fault technically, but if I'm a police officer and I see it happen the way you describe you get a ticket and she gets a warning.
Zenmervolt
Zenmervolt
two questions:
1)Did you use blinker? If yes then i'd say that its definetly her fault. I pull a similar manuever on a narrower road when i turn into my driveway, and always use my blinker to cover my ass.
2)Did She have to cross the "center line"? I know there was none but i doubt if it is legal to pass someone like she did. If yes then i'd say she's at fault.
3)I know I said 2 but get over it. Did the cops come? I don't think you said so. If they did then they'll tell you.
m00se
1)Did you use blinker? If yes then i'd say that its definetly her fault. I pull a similar manuever on a narrower road when i turn into my driveway, and always use my blinker to cover my ass.
2)Did She have to cross the "center line"? I know there was none but i doubt if it is legal to pass someone like she did. If yes then i'd say she's at fault.
3)I know I said 2 but get over it. Did the cops come? I don't think you said so. If they did then they'll tell you.
m00se
Three people have asked this and I will to.
Did you have you blinker on? Probably not. You know it is your fault. On the other hand, if there were no witnesses and the police were not called to the scene (which they should have been) you both will end up paying for your own damage. It will never be resolved because no one saw the accident and no one has ANY proof to show who was at fault. So don't expect her insurance company to pay for YOUR damages, and don't expect YOUR insurance company to pay for her damages.
Did you have you blinker on? Probably not. You know it is your fault. On the other hand, if there were no witnesses and the police were not called to the scene (which they should have been) you both will end up paying for your own damage. It will never be resolved because no one saw the accident and no one has ANY proof to show who was at fault. So don't expect her insurance company to pay for YOUR damages, and don't expect YOUR insurance company to pay for her damages.
I really really really hate people who think they have to pull to the right to make a left hand turn. That little jog to the right (which seems to get bigger the more times you tell the tale) is what will get you into hot water with your insurance company.
The woman was a bonehead for trying to pass you when you are trying to make a left turn. You were both in the wrong, and will both pay for it.
The woman was a bonehead for trying to pass you when you are trying to make a left turn. You were both in the wrong, and will both pay for it.
<< I'm pretty sure that was an illegal pass i thought that if i stop at a crosswalk, the car in the next lane must stop also in case there was some lil boy running into the street or something? >>
That's for buses/busses (whatever, it's late and I'm German
)The lady wasn't telepathic, and you didn't signal.. how was she supposed to know you were going to be looping around all of a sudden. You pull off to the right and pause, she probably thought you were lost/looking for addresses or something.
From your description, I'd say you're definitely at fault.
As you said you start to u-turn at C/D, and she crashed to you at that time, she could say you suddenly come out from the parking lane without checking coming car. If she had called police, police'd sure give you traffic violation, and your insurance'd sure pay for her car damage.
Don't do u-turn from the side on busy street, it's risky especially there are cars parked on the side, they'll block your vision. Go to intersection with green light/ arrow light to do u-turn unless that intersection prohibits u-turn.
As you said you start to u-turn at C/D, and she crashed to you at that time, she could say you suddenly come out from the parking lane without checking coming car. If she had called police, police'd sure give you traffic violation, and your insurance'd sure pay for her car damage.
Don't do u-turn from the side on busy street, it's risky especially there are cars parked on the side, they'll block your vision. Go to intersection with green light/ arrow light to do u-turn unless that intersection prohibits u-turn.
Well, maybe I can help you. I am an adjuster by profession (I won't mention which insurance co, but I'm sure you've heard of us ) and if I was handling this claim for you, I would think that you might have a defense here. I have one major question that will help determine my answer though: In what state did the accident occur?
) and if I was handling this claim for you, I would think that you might have a defense here. I have one major question that will help determine my answer though: In what state did the accident occur?it sounds like no matter how you look at it, it was your fault. illegal uturn, no blinker when making a turn, you pretend to pull out of the lane and then all of a sudden pull back in, what did you expect?
sorry man.
dam()
sorry man.
dam()
A couple things:
I'm from Canada, so I don't know what your laws are, but:
1. Are you not both guilty of leaving the scene of an accident? Here in Canada, when people take off like that, it's because it was obvious who was at fault, and the guilty party agrees to pay the damages personally to avoid getting the cops involved. (This assumes the victim is not a heartless bastard and wants you to get a ticket--most people don't care as long as their car gets fixed.) What did you both accomplish by leaving? Don't insurance companies need a police report?
2. You didn't signal?! What are you, a moron? With all due respect, that was pretty stupid. You should have seen her in your rearview mirror. What did you think she was going to do?
Moving past that: was there a driveway to the left you could have said you were turning into? By not signalling, I don't know where that puts you... but if you were making a legitimate left turn (with a signal), she is required to let you turn. What did you say / admit to her at the scene? How was it left between you? Did either of you agree to pay the other's damages?
I'm from Canada, so I don't know what your laws are, but:
1. Are you not both guilty of leaving the scene of an accident? Here in Canada, when people take off like that, it's because it was obvious who was at fault, and the guilty party agrees to pay the damages personally to avoid getting the cops involved. (This assumes the victim is not a heartless bastard and wants you to get a ticket--most people don't care as long as their car gets fixed.) What did you both accomplish by leaving? Don't insurance companies need a police report?
2. You didn't signal?! What are you, a moron? With all due respect, that was pretty stupid. You should have seen her in your rearview mirror. What did you think she was going to do?
Moving past that: was there a driveway to the left you could have said you were turning into? By not signalling, I don't know where that puts you... but if you were making a legitimate left turn (with a signal), she is required to let you turn. What did you say / admit to her at the scene? How was it left between you? Did either of you agree to pay the other's damages?
A little more advice...other than yielding to cars that have the right of way...always get a police report. If the damages are over $400 (or an amount close to that) some insurance companies will not cover you if you don't have a police report. And now days $400 damage equals 2 inch scrape on your door.
Second, if you get in an accident like this and it was NOT your fault always try to have the cop give the other party a ticket. That way you will be covered for sure. If anyone has any kind of injury...like you jammed your wrist on the steering wheel...they have to issue a ticket.
Speaking from past experience...unfortunately.
Second, if you get in an accident like this and it was NOT your fault always try to have the cop give the other party a ticket. That way you will be covered for sure. If anyone has any kind of injury...like you jammed your wrist on the steering wheel...they have to issue a ticket.
Speaking from past experience...unfortunately.
yah in georgia, it is a crime to not report an accident involving more than $250 damage (a door ding) or if anyone was hurt. that was a big mistake to not call the cops. A ticket is proof of fault in 99% of the case.
Sorry but from the looks of it, it was your fault. It seems like you are now either grasping at straws for a way out, or are in some type of denial about being at fault (possibly because you are dealing with a woman ? ).
Sorry to hear about your problems, hopefully your insurance won't go up too high.
). Sorry to hear about your problems, hopefully your insurance won't go up too high.
<< I thought in CA, you only are required to call the police in the case of any bodily injury. Nobody was hurt. >>
I don't know. In Ontario, Canada you have to report the accident if there is any one of: injuries, damage more than $700, or ANY damage to public property.
<< I didnt signal (yea, im a moron for that), there was a driveway there. >>
Not knowing your laws, but using mine as a guide, I would claim I was turning into the driveway.
<< It wasnt a left turn at an intersection and since I was in what i considered the only lane of traffic in my direction (there is only room for 1 driving and 1 parking lane in each direction), I didnt bother to signal. >>
oops.
<< I didnt see her in my side mirrors because the split second i glanced was when i started the turn. >>
Do you check your rearview mirror when driving? If so, you would have known there was a car behind you.
<< She swipped my car right after that so she was right beside me meaning my blind spot. >>
That's why you check over your shoulder
<< But if she was speeding (which i think so), she's a bigger moron cuz that only caused more damage than there should have been. >>
From a legal standpoint, that is no defense whatsoever--even if it could be proven. The only time it might be relevent is if she was going so fast that she couldn't stop when you did. But that is not what happened here. Regardless, you can't prove it, so drop it.
<< We exchanged info and she wanted to get an estimate on her damages and we kept in touch. I'm trying to setup a meeting so we can talk things over in person and go over the incident before making any insurance claims (and check the damage estimates). >>
I don't know how it works there, but here in Ontario, Canada, I don't think you can claim insurance from an accident without a police report. Does anybody know any more on this?
Right after the incident, did you discuss fault? (That is a pretty normal thing to do.) If so, what did the both of you conclude at the time? Did you admit fault to her? (or vice versa)?
Also, this is an older woman (you said with kids). How old are you?
Well, I just caught up on this thread and what I had to say has pretty much been said at some point. Basically, you were both at fault. Personally, when I handle claims like this one (and I've seen all too many), I would place much more of the blame on her, not you. Yes, you messed up by not signaling, but she displayed more negligence and breached a stronger duty by passing on a residential street.
I am on the East Coast. Two of the states I handle (VA & MD) have Contributory Negligence laws. Put simply, if you were my insd and I can prove she was only 1% at fault (which should be easy here), I can deny her claim fully. On the other side of that coin though, her insurance can do the same thing to you. It's a good law and cuts down on lots of litigation. Some states (PA) employ Comparative Negligence laws where you can split the cost of each other's damage by the percentage each was negligent (major pain).
Basically, tell the truth and be honest with both adjusters. Explain your actions but don't admit guilt here - I still think she's more negligent. Ask your adjuster what type of negligence laws your state has (ie Comparative, Contributory, etc) - this will have a major impact on how this claim is handled.
In regards to the police report, CA may be different but here on the East Coast unless someone is injured, reports are NEVER made. Even if you call the police, they will just tell you to exchange info and get going.
Let me know how it progresses.
I am on the East Coast. Two of the states I handle (VA & MD) have Contributory Negligence laws. Put simply, if you were my insd and I can prove she was only 1% at fault (which should be easy here), I can deny her claim fully. On the other side of that coin though, her insurance can do the same thing to you. It's a good law and cuts down on lots of litigation. Some states (PA) employ Comparative Negligence laws where you can split the cost of each other's damage by the percentage each was negligent (major pain).
Basically, tell the truth and be honest with both adjusters. Explain your actions but don't admit guilt here - I still think she's more negligent. Ask your adjuster what type of negligence laws your state has (ie Comparative, Contributory, etc) - this will have a major impact on how this claim is handled.
In regards to the police report, CA may be different but here on the East Coast unless someone is injured, reports are NEVER made. Even if you call the police, they will just tell you to exchange info and get going.
Let me know how it progresses.
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