View Full Version : so wrecked my car, who is at fault?
j8715
05-01-2008, 04:18 PM
ok. I exit the parking lot and make a left hand turn. a bus is stopped in the other lane, and the lane I am turning into is clear. I make the turn and some one using the turning lane to pass the stopped bus hits me. Now there is no place for this other vehicle to be turning, so he was definitely using the turning lane to pass. But, I also couldn't really see what was on the other side of the bus.
The police didn't even know who was to blame and didn't give either of us a ticket.
What do you think?
i hope i described it so you can understand.
WBBIRL
05-01-2008, 05:04 PM
He was, if he was in a turning lane with nowhere to turn then he was wrong. He used the lane to avoid the bus and hit you, it's his fault. You did nothing wrong.
BigRic
05-01-2008, 05:34 PM
Like WBB said if he used a turning lane to pass the bus he is definitely at fault.
Indifference
05-01-2008, 05:36 PM
yap. ^^^^ correct.
j8715
05-01-2008, 05:42 PM
yeah, that is what most people have said. However, the insurance company hasn't given me my deductible back. They gave me the money they valued my car at, then they said after their investigation I might get it back.
However, they said since I was the one entering traffic it was automatically somewhat my fault. Big surprise, they boned me. I would be more pissed but they gave a very fair amount for the car.
Progress
05-01-2008, 06:14 PM
You got screwed that the cops didn't cite the guy. GL
Phenom
05-01-2008, 06:17 PM
Insurance companies blow. In their eyes I was at fault when a lady in a rav4 merged into me when I was going straight in my lane. I was in motion, so somehow it's partially my fault. I guess they expected me to drive over the curb to avoid letting her hit my side.
You're definitely not at fault, but the insurance company probably won't give a rats ass.
Jorge Sanchez
05-01-2008, 06:46 PM
You are totally at fault. You turned into the path of a moving vehicle. You both made bad driving decisions.
method115
05-01-2008, 07:54 PM
You are totally at fault. You turned into the path of a moving vehicle. You both made bad driving decisions.
Exactly, plus this guy can lie and say that he though that was his turn or something like that. Your probably right he was passing the bus, but can you prove that beyond a doubt? Is there anyways for him to come up with a reasonable lie for being in that lane?
MrWebb78
05-01-2008, 08:16 PM
since when do you get tickets for being at fault?
Phenom
05-01-2008, 08:31 PM
since when do you get tickets for being at fault?
Sounds to me like the other driver was in the turn lane. Instead, he went straight throughout the turn lane and hit the OP. Which means he did something illegal. This warrants a ticket, wouldn't you say?
got any pics of your car?
was it a school bus? if that was the case the other guy should have been ****ed
j8715
05-01-2008, 10:53 PM
You are totally at fault. You turned into the path of a moving vehicle. You both made bad driving decisions.
Man I'm glad you weren't the officer at the scene. haha
no it wasn't a school bus, it didn't have that little stop sign that comes out.
i think some of you didn't get it. He would have been in the turning lane to make a left hand turn and there is no where to make that left hand turn. He couldn't have lied and said "hey i was in the turning lane, about to drive into that building over there and this guy drove out in front of me" I know not all states have this kind of road, there are two travel lanes and one turning lane between them that both directions share. It isn't a passing lane.
Interestingly they gave him the field sobriety test, which I guess he passed.
I don't really care anymore, it's been a while and i don't expect a ticket at this point.
Jorge Sanchez
05-02-2008, 08:41 AM
It doesn't matter if he was in a turning lane or not, you turned in front of an oncoming vehicle. Your insurance company is definitely going to bleed you for that.
JSully
05-02-2008, 09:52 AM
Your insurance company isn't going to "bleed" you for that. They have no obligation to waive your deductible. Your deductible is a SHARED risk and YOU chose that amount. If anyone is going to reimburse your deductible, it would be the insurance of the guy you hit/was hit by.
In regards to Jorge's point, the guy was in the suicide lane for no reason other than trying to pass the bus on the left, which IS illegal and the cops should have cited him for that. Has you turned in front of an oncoming vehicle in a normal lane, it would totally be your fault... BUT you didn't. You turned into the suicide lane to wait for oncoming traffic to slow for you to merge. It's NOT your fault.
This is the opinion of an insurance adjuster. You should have taken photos at the scene. I'm not sure how you described the scenario to the adjuster and that's why they may be having trouble with liability. I would tear this case up in arbitration... but that's me.
TKisner
05-02-2008, 10:41 AM
It doesn't matter if he was in a turning lane or not, you turned in front of an oncoming vehicle. Your insurance company is definitely going to bleed you for that.
Yeah.....you probably shouldn't have a license.
Jorge Sanchez
05-02-2008, 11:39 AM
Your insurance company isn't going to "bleed" you for that. They have no obligation to waive your deductible. Your deductible is a SHARED risk and YOU chose that amount. If anyone is going to reimburse your deductible, it would be the insurance of the guy you hit/was hit by.
In regards to Jorge's point, the guy was in the suicide lane for no reason other than trying to pass the bus on the left, which IS illegal and the cops should have cited him for that. Has you turned in front of an oncoming vehicle in a normal lane, it would totally be your fault... BUT you didn't. You turned into the suicide lane to wait for oncoming traffic to slow for you to merge. It's NOT your fault.
This is the opinion of an insurance adjuster. You should have taken photos at the scene. I'm not sure how you described the scenario to the adjuster and that's why they may be having trouble with liability. I would tear this case up in arbitration... but that's me.
Are you trying to tell me his insurance premium isn't going to increase?
Jorge Sanchez
05-02-2008, 11:40 AM
Yeah.....you probably shouldn't have a license.
Why? Because I think it's a bad idea to turn in front of moving vehicles.
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