Car accident dispute.

[BoaConstrictor Senior Member Find all posts View Profile Close BoaConstrictor]

Alright so the other day I got into an accident. I can go into details if you'd like...but..
What I'm wondering is:
Has anyone been blamed for an accident they didn't cause, disputed it, and won?
Please help.
This sucks, I got hit by someone's carelessness, got more damage to my car than theirs, and now being blamed as "at fault" with the insurance company.

[Dangler Senior Administrator☼ Wizard ☼ White Tiger Award 2015 Find all posts View Profile Close Dangler]

Whos insurance co., yours or theirs?
If you pulled out, and they ran into you.....details **may** help, however it may be a state law thing.

[BigO AdministratorPEGym Hero Find all posts View Profile Close BigO]

How did the accident happen? Such as; rear ended, T-bone, red light, etc.

[BoaConstrictor Senior Member Find all posts View Profile Close BoaConstrictor]

I was at stop sign on a residential street, getting ready to make a left onto a Main Street.
I was waiting for all the cars (coming from my left) to pass, so I can turn safely. Once they cleared, there was one left. It was slowing down with its right blinker on, getting ready to turn on my street (the one I was trying to turn out of). As it was making its turn in, I proceeded to make my turn out and get in the suicide lane (so I could wait to go into the street on the right).
Once I reached the suicide lane, a car comes flying out of nowhere and hits my front right bumper to his passenger rear bumper (driving from my left - the same direction as the car that turned into my street).
The thing about it was, I didn't see this car at all. Only the one turning. Way further down the road there were cars, but I'm talking like a few blocks down.
So my assumption is either;
A) the guy was behind the car turning, and instead of letting it turn and slowing down, he jumps rapidly into the next lane. Or...
B) the guy was, like I mentioned, three blocks down, and was speeding so fast that he got to me (3 blocks down the road) in about a few seconds..

It's messed up. I made a safe and cautious turn, the coast was clear, and this guy comes flying out of nowhere and smashes into me, now I'm at blame?

[BoaConstrictor Senior Member Find all posts View Profile Close BoaConstrictor]

Whos insurance co., yours or theirs?
If you pulled out, and they ran into you.....details **may** help, however it may be a state law thing.

I have progressive.

[BoaConstrictor Senior Member Find all posts View Profile Close BoaConstrictor]

Whos insurance co., yours or theirs?
If you pulled out, and they ran into you.....details **may** help, however it may be a state law thing.

Sorry I meant, it looks like my insurance co. Is saying I'm at fault.

[namsokiek Banned Find all posts View Profile Close namsokiek]

In most cases: If you are in an intersection where the secondary road is controlled by a stop sign, you yield to all traffic on the primary road. So your actions cannot interrupt the natural flow of traffic on the primary road.

In general: If you are leaving the secondary road and turning left on to the primary road you also yield the right of way to people on the secondary road traversing the primary road (going straight).

With these two things in mind, you are the last guy with the right of way. A child on a tricycle has a higher priority than you. So any accident resulting from the movement you described will be your fault.

That the other guy was speeding, that he may have passed in an intersection is likely irrelevant.

Sorry.

[BigO AdministratorPEGym Hero Find all posts View Profile Close BigO]

^ Agreed. I think your stuck with this one Boa.

[BoaConstrictor Senior Member Find all posts View Profile Close BoaConstrictor]

In most cases: If you are in an intersection where the secondary road is controlled by a stop sign, you yield to all traffic on the primary road. So your actions cannot interrupt the natural flow of traffic on the primary road.

In general: If you are leaving the secondary road and turning left on to the primary road you also yield the right of way to people on the secondary road traversing the primary road (going straight).

With these two things in mind, you are the last guy with the right of way. A child on a tricycle has a higher priority than you. So any accident resulting from the movement you described will be your fault.

That the other guy was speeding, that he may have passed in an intersection is likely irrelevant.

Sorry.

That makes sense but I have two questions.

1) is it my fault for not letting the car complete its turn all the way?

2) if what you said is true, then it sounds like any accident that happens with this situation will always be my fault. Am I right to assume that?

[namsokiek Banned Find all posts View Profile Close namsokiek]

The other car that was in the accident, if it had the right of way, it was your fault for impeding it.

Yes, most accidents in that scenario would be your fault

[BoaConstrictor Senior Member Find all posts View Profile Close BoaConstrictor]

Thanks for all your help. I understand the circumstances now.

I guess I'm bent out of shape about it because first of all, I don't ever recall being taught or learning that I should let a car finish its turn in this type of situation, and also because I proceeded with caution and this reckless driver caused the accident. Now I will probably have higher rates ugh.

I'm wondering though, hypothetically,..if there wasn't a car turning on my street and there was no possible reason for my vision to be obstructed, and say a car was flying down the street at 100 mph, and as I made my turn, the car was really far away from me, but since it was speeding , it caught up with me so fast that we crashed,..would this turn out my fault, because they had "the right of way" even though they were speeding ?

I'm trying to get an idea so I can choose certain streets and stuff to avoid, since I get the shaft, even while be cautious.

[BigO AdministratorPEGym Hero Find all posts View Profile Close BigO]

Honestly, how much damage was caused man. Your car would have been destroyed if he were going 60, 50 or even 45 and he smacked you. You were honestly trying to be safe, you missed something, not because you were careless but you just missed it. It was the other car and it is 100% your fault. I don't mean this in a mean way, its happened to the best of us. I have caused an accident before, I just did not see the car behind me. I was not being reckless either but it was my fault.

If the guy was going fast enough to cover a block or two that fast he would have been absolutely flying. He was behind the other car or somewhere close and you did not see him. Does not take a rocket scientist to figure it out.

[LilNudeDude Senior Member Find all posts View Profile Close LilNudeDude]

I, as rule, avoid left turns for that reason. Especially in metro areas. The person making a left turn across lanes is likely, in almost all cases, going to be put at fault.

As far as the other person involved, unless you have some sort of proof such as traffic cam, radar record, witness at the very least, they will likely get away with it.

Been there, done that. Pissed me off too.

[BoaConstrictor Senior Member Find all posts View Profile Close BoaConstrictor]

Thanks you guys.
I feel better knowing I'm not the only one and this wasn't just a case of mere bad luck, even though sorry to hear it happen to you as well. Yeah I think I'll try to avoid these turns.

@BigO...
Once we noticed each other , I slammed on my breaks and he swerved to his left, so we avoided what could have been a real bad collision.

So what do you guys think about insurance rates? They say it's 100% my fault. Am I going to have to pay higher premiums for the rest of my driving life?

[not2big Senior Super ModeratorPEGym Hero Find all posts View Profile Close not2big]

The deciding factor (on paper) is who got hit where. Front end usually means the cause, whereas side or rear is result. Sorry, Boa, but unless you have a witness, you are up shit's creek. At best, it might be decided that each party was at fault, but this is doubtful.

If you are in a no-fault state, it really doesn't matter unless someone was hurt.

My son works in law enforcement in Newark and he told me recently, that Newark cops have been told not to respond to auto accidents unless there is an injury.