|
Alright.
A few weeks ago, I had a minor car accident.
I was driving home from Uni, and as I was approaching an intersection, I noticed a car in front of me driving very slowly.
This being located in my neighborhood and me knowing that the intersection is plain//clear//easy to see (you can see clearly in every direction, there's no bushes around or anything like that) I decided to pass that car so I get home faster. The car didn't have any of the blinkers blinking so I figured it's going straight and I'm safe in doing this.
Suddenly, as I'm parallel to that car, maybe even slightly ahead, it turns left and bangs into me!
Nobody was hurt or anything, but the thing is, the money stuff has gotten a bit complicated.
We didn't call the police because initially I was sure they would pin the entire thing to me, because it was me who was passing this car in an intersection. The woman who was in the other car was considered 'being good' by not calling the police. We agreed to deal with this among ourselves like civilized people without the extra costs of police coz it was a minor accident.
But now, my insurance(which are apparently known for being cheap as hell) have refused to give them the full amount of the damages, they only offer them like 20-30%. Which would imply that my responsibility for the accident is those same 20-30% if I understood right.
Sooooo.. Now the husband of that woman calls me and is obviously upset by getting so little money and is talking about hiring a lawyer and arranging a reconstruction of the event in order to prove that they deserve more money.
On the other hand, I have yet to apply for a compensation from their insurance company. (which I initially didn't even intend to do)
Now, if this gets to court and I'm proven more guilty than she, I might have to pay more moneyz than if I simply don't apply for compensation and admit full responsibility because of all the costs of official reconstruction of the event and court costs.
So, if any of you guys knows this stuff... How much weight do each of our mistakes have when talking in context of the law?
Once again, I decided to pass her in an intersection only after she failed to turn her blinkers on.
And then, she made a second mistake of failing to check the mirrors and 'dead angle' to make sure she can turn left safely.
My car is damaged in the side area, while her damage is on the front left edge of the car which indicates that I was slightly ahead when the impact happened.
Here's the pic:
If you have a friend or someone who might give an educated advice about this, I'd appreciate it.
The sums of money are too low for me to seek professional advice, and TL has tackled tougher issues than this one.
I'm interested to see if someone here turns out to be an expert in this, that'd be sweet.
|
Well, both of you made mistakes so I don't think either of you could be found 100% at fault for this. You passed where you shouldn't have, and she didn't signal her turn or check her blindspot before turning the wheel.
I'm pretty sure that the guy is bluffing/trying to scare you, and think he can get away with it because he's probably a lot older than you. Think about how much it would cost for him to hire a lawyer and reconstruct the accident. This would be WAY more expensive than minor repairs to the car (I'm assuming she wasn't driving a really nice car). Also, if this went to court if you aren't found 100% at fault, you shouldn't have to pay any of the other party's legal costs and even if you are, you can try pulling the poor student card and the judge might go easy on you anyways.
Whatever you do, don't admit responsibility in any way. If you do, this is probably the only way it could become a nightmare for you if he takes you to court.
|
I don't understand your picture:
1) What direction is traffic going in those lanes
2) What lane is she turning from
|
Be a man and pay up, you fucked up its 100% your fault, if she had the blinkers or not its still your fault...
why didnt you pass her on the right lane anyway?
|
On November 19 2008 05:47 Flaccid wrote:
I don't understand your picture:
1) What direction is traffic going in those lanes
2) What lane is she turning from
errrr they are both going north
|
On November 19 2008 05:47 baal wrote:
Be a man and pay up, you fucked up its 100% your fault, if she had the blinkers or not its still your fault...
why didnt you pass her on the right lane anyway?
It's not 100% his fault, keep in mind she hit him. He didn't pass on the right because there is no lane further right, and why would he pass on the right if he didn't think she was turning?
EDIT: What country/state did this occur in?
|
On November 19 2008 05:56 Terranator wrote:Show nested quote +On November 19 2008 05:47 baal wrote:
Be a man and pay up, you fucked up its 100% your fault, if she had the blinkers or not its still your fault...
why didnt you pass her on the right lane anyway? It's not 100% his fault, keep in mind she hit him. He didn't pass on the right because there is no lane further right, and why would he pass on the right if he didn't think she was turning? EDIT: What country/state did this occur in?
errrr somebody is not understanding the drawing...
As i see it there is a lane totally clear on the right, he was passing her "invading" the lane where the opossing traffic is supposed to go.
|
United States20661 Posts
As far as I know in mainland Europe they pass on the left >>;
edit: and passing on the right is technically 'wrong'
|
misunderstood the OP... deleted.
EDIT, Atleast that's how it would be in the US, in my state... Where did this occur? It's prolly also on tape somewhere, atleast I know here theres a camera on almost every intersection.
|
You don't pass at an intersection!
WTF were you thinking? 100% your fault.
Pay her everything and think about how dumb that move was.
|
On November 19 2008 06:04 Motiva wrote:
So wait... she's turning left from the right lane?
100% her fault?
Solution - She pays for the damage to both cars, and she gets a ticket for failure to yield right of way... and you get a ticket for changing lanes in an intersection
well, if you had called the cops... Am I missing something?
EDIT, Atleast that's how it would be in the US, in my state... Where did this occur?
Its 1 lane in each direction i think. Unless the drawings bad?
|
Calgary25986 Posts
You passed her through an intersection?
ROFL
I'm all for aggressive driving, but you majorly fucked up and should pay.
|
On November 19 2008 06:08 nitram wrote:Show nested quote +On November 19 2008 06:04 Motiva wrote:
So wait... she's turning left from the right lane?
100% her fault?
Solution - She pays for the damage to both cars, and she gets a ticket for failure to yield right of way... and you get a ticket for changing lanes in an intersection
well, if you had called the cops... Am I missing something?
EDIT, Atleast that's how it would be in the US, in my state... Where did this occur? Its 1 lane in each direction i think. Unless the drawings bad?
Ah... 2way street then? Makes sense... yes 100% his fault then.... but the lack of a blinker is pretty n00b on her part... still 100% his.
|
Guys, please don't post any legal advice here if you're not familiar with the respective country's traffic law, this might lead to more trouble than expected.
|
Since from what i've gathered, it looks like you're at fault, and going to have to pay... don't pay anything without getting a estimates from a few different places.... you can save a lot of money...
|
Seems you fucked up homie. Guess you should pay. Even though she was being dumb and failed to signal her turn, you were dumber for trying that manoeuvre 
|
On November 19 2008 06:12 d1v wrote:
Guys, please don't post any legal advice here if you're not familiar with the respective country's traffic law, this might lead to more trouble than expected.
In croatia, serf one's rickshaw is not allowed to pass serf two's rickshaw at the meeting of two cart paths.
|
Are these one way streets or two way? One way you passing is no big deal, albeit still wrong, two way you're fucked and should pay full.
|
I don't think you can get out of this niteReloaded, you pretty much have yourself to blame for this, the blinker off was retarded but still that doesn't come close to what you did. :p
Besides she was driving slowly, HINT HINT. It always pains me to see what people do in traffic to cut maybe 10 seconds of the travelling time.
|
Kentor
United States5784 Posts
this is why i hate people who don't signal. god damn, how hard is it?
|
On November 19 2008 06:12 d1v wrote:
Guys, please don't post any legal advice here if you're not familiar with the respective country's traffic law, this might lead to more trouble than expected.
Granted I am not familiar with his country's traffic laws, BUT, it would be like in the US a car to the left of me in a straight only lane suddenly turning right into my car without ever putting blinkers on or anything, in which case I am sure they would be the one to pay. I mean, if it were to be uniformly ruled to be my fault no matter how many times this was repeated, this would definitely open the way to a lot of car accident fraud. Besides, it is legally required here in the US at least that you either turn on blinkers or use hand signal before you turn. Thus, the person hitting me would lose case 100% as far as I know.
You should check if turn signals are required by law in Croatia before turns o.O (I would hope they are)
|
lol you're a fucking idiot for passing in an intersection. wait like 3 more seconds what the hell
she's a bad driver for not signalling/checking(not that she really needed to but yea...)
|
On November 19 2008 06:18 Frits wrote:
I don't think you can get out of this niteReloaded, you pretty much have yourself to blame for this, the blinker off was retarded but still that doesn't come close to what you did. :p
Besides she was driving slowly, HINT HINT. It always pains me to see what people do in traffic to cut maybe 10 seconds of the travelling time.
Speeding everyday saves me a lot more than 10 seconds my biggest pet peeve is people driving slow, and causing me to catch a light.... -- far more than 10 seconds where i live in this big fucking gay ass city
back to the OP... If you could state whether it's a 2way or 1way street.... 2way your fault 100% without a doubt.... 1 way 100% her fault wihtout a doubt (in the usa)
|
From the picture given on the OP the street seems to be 1way - meaning that he shouldn't be at fault. Who turns left from the right lane?
|
|
|
On November 19 2008 06:29 TranceStorm wrote:
From the picture given on the OP the street seems to be 1way - meaning that he shouldn't be at fault. Who turns left from the right lane?
yes, I'm assuming in the a white background i'm assuming those black lines are supposed to be white.... where are the yellow lines? (usa only?)
|
Passing on an intersection is just blatantly your fault. I drive fast and hate it when people in front of me drive slow, but you could just wait after the damn intersection and pass her. If she hits you then it's 100% her fault.
|
On November 19 2008 05:47 baal wrote:
Be a man and pay up, you fucked up its 100% your fault, if she had the blinkers or not its still your fault...
why didnt you pass her on the right lane anyway?
I don't see how its 100% his fault; Although he shouldn't have tried to pass her in an intersection (stupid imo), she still didn't signal when turning at an intersection (almost as stupid) or even look when she turned (based on the drawing which shows he was pretty much right beside her when she made the turn).
He's obviously obligated to pay a large portion of the costs, but 100% is too much in my opinion.
|
OP you need to explain your picture better. If those are dotted lines then your not at fault, if they're double yellow lines.....then you fucked up.
I know this because my mom got into a similar accident, except she was the one that turned into the other car lol...
She was gonna switch to her right lane because she thought the other car was going to turn but it kept going straight instead, so when she switched lanes the car hit her on the right passenger door.
It ended up being her fault according to the insurance companies so it really depends on your drawing. Dotted or double solid?
|
op isn't clear at all, we don't know if it's a one way street or not. if it is a one way street she is making a left turn from the right lane which is just ridiculous. if not, he is on the wrong side of the road in an intersection passing her which is just ridiculous. 1st scenario 100% her fault, 2nd scenario 100% his. and there isn't even a question. so evidently op is 0% clear. lol
|
On November 19 2008 06:34 Motiva wrote:Show nested quote +On November 19 2008 06:29 TranceStorm wrote:
From the picture given on the OP the street seems to be 1way - meaning that he shouldn't be at fault. Who turns left from the right lane? yes, I'm assuming in the a white background i'm assuming those black lines are supposed to be white.... where are the yellow lines? (usa only?)
What I'm assuming from what the OP says that he was originally behind the car. This would mean that the street would be 1way from the picture.
|
You messed up by passing at the intersection, but she also didn't check and user her turning signal so it's both your faults. Try to split payments for both cars maybe?
|
i'm almost certain that if this goes to court you're going to be the one found at fault. passing at an intersection is illegal, if it were me driving in front of you i wouldn't check my blind spot either while turning... why would i? you don't assume someone is going to pass you at an intersection.
|
the picture is noobish. do you understand the real picture as you drew it?
is that an 1 way street? or both? how many lanes?
did you pass to the opposite direction when passing her? if yes - 100% your fault - there is no excuse driving in the opposite traffic lanes
|
looks like you were undertaking her which puts you at fault?
|
Wait, you didn't call police, but it still got to insurance? How the hell did that work?
And I don't know how it is by you, but in the States, that isn't going anywhere without a police report. Cops, court, whatever—don't care if you didn't file it with the cops.
The 20 or 30% could just be what insurance feels is necessary to cover the cost of the damages. Are they verifying that they're doing what is necessary, or are they tacking on bullshit and trying to make money on you?
|
It's a 2 way road, 1 lane for each direction (the cars are kind of small in my original picture), we are both heading north. I AM at the wrong side of the road in the moment of the impact.
The line goes like this - - - - - before intersection, but I'm not sure if it's full once you enter it, I should check that out.
I was thinking exactly the same as you guys BEFORE this guy from my insurance contacted me saying that she's been carelessly performing the most dangerous (legal) maneuver in traffic - the left turn.
If it wasn't for her mistake, I wouldn't have made mine. And when I did make mine, she still had a chance to avoid clash, but failed to take it.
And to the people who are saying what were you thinking... phew, I'm lucky this happened on this occasions; I've done stuff more retarded than this... (like passing people thru the bus stops - those small expansions of the road that are intended for buses to stop and drop people off)
She was just driving slowly, and me and my friend were discussing something so I didn't really think while driving, I was impulsively doing stuff.
I still feel like it's more my fault, but if the law says she's more to blame, I shouldn't really feel bad to take money.
|
On November 19 2008 06:59 Hawk wrote:
Wait, you didn't call police, but it still got to insurance? How the hell did that work?
And I don't know how it is by you, but in the States, that isn't going anywhere without a police report. Cops, court, whatever—don't care if you didn't file it with the cops.
The 20 or 30% could just be what insurance feels is necessary to cover the cost of the damages. Are they verifying that they're doing what is necessary, or are they tacking on bullshit and trying to make money on you?
In Croatia, if nobody was hurt, you can fill an official document intended for accidents where you draw the accident, fill in personal info, car info, and everything neccessary. You both sign it and it's a valid document to take to the insurance. Then you contact insurance, they send their people to evaluate damages etc.
EthernalDeath, yes, blinkers are mandatory before making the turn.
|
On November 19 2008 07:01 niteReloaded wrote:
It's a 2 way road, 1 lane for each direction (the cars are kind of small in my original picture), we are both heading north. I AM at the wrong side of the road in the moment of the impact.
Yeah, that would definitely make it your fault for passing through an intersection on 2-way road. =(
|
Unless thats a one way street you fucked up. Pay the lady.
|
On November 19 2008 07:01 niteReloaded wrote:
It's a 2 way road, 1 lane for each direction (the cars are kind of small in my original picture), we are both heading north. I AM at the wrong side of the road in the moment of the impact.
The line goes like this - - - - - before intersection, but I'm not sure if it's full once you enter it, I should check that out.
I was thinking exactly the same as you guys BEFORE this guy from my insurance contacted me saying that she's been carelessly performing the most dangerous (legal) maneuver in traffic - the left turn.
If it wasn't for her mistake, I wouldn't have made mine. And when I did make mine, she still had a chance to avoid clash, but failed to take it.
And to the people who are saying what were you thinking... phew, I'm lucky this happened on this occasions; I've done stuff more retarded than this... (like passing people thru the bus stops - those small expansions of the road that are intended for buses to stop and drop people off)
She was just driving slowly, and me and my friend were discussing something so I didn't really think while driving, I was impulsively doing stuff.
I still feel like it's more my fault, but if the law says she's more to blame, I shouldn't really feel bad to take money.
Well seems like you're an impatient driver. Which makes for a terrible driver over all. I say its your fault. Even though I hate how people DO NOT USE THEIR BLINKERS the fact that you crossed the intersection..when you were not supposed to is just illegal. Bad call on both parts but I feel it would be about 90% your fault and 10% hers. Hell, I wouldn't check my left blindside when turning left? Everything points against you so why not just pay them more money and say yourself lawyer fees.
:hint: Don't talk while driving since you cant seem to multitask well :/. You must be a terrible starcraft player
|
If you were ahead and she turned into you she is at fault right? She drove into you. She's a woman. It's her fault.
|
you are not allowed to drive past a car in an intersection according to swedish traffic law atleast, Her mistakes (no blinkers, no dead angle etc) are stupid, but as a pure legal matter you are 100% responsible. sorry.
|
On November 19 2008 07:01 niteReloaded wrote:
And to the people who are saying what were you thinking... phew, I'm lucky this happened on this occasions; I've done stuff more retarded than this... (like passing people thru the bus stops - those small expansions of the road that are intended for buses to stop and drop people off)
LOL
|
On November 19 2008 07:08 ZeeTemplar wrote:
:hint: Don't talk while driving since you cant seem to multitask well :/. You must be a terrible starcraft player
Yeah, I lose myself in the lategame madness // intersection passing+talking.
Too bad switching to protoss won't fix driving problems.
|
Ok since it's a 2 way road and not a one way road, I retract my previous statement and say simply...
You are one crazy ass XD.
|
On November 19 2008 07:10 CharlieMurphy wrote:
If you were ahead and she turned into you she is at fault right? She drove into you. She's a woman. It's her fault.
Yeah, that's apparently one of the key reasons the insurance won't pay her all the costs. Even tho I obviously made a mistake, I was still ahead of her and it was her who hit me, not the other way around.
I wonder whose fault would it be if you went thru an intersection when you had green light, but your car stops in the middle of it. Then the cars from the crossing road get green light and one of them crashes into you. You had no business being there, but they're still retarded to crash into you.
|
Typical driving behaviour for the Balkans. I fucking hate traffic here.
|
On November 19 2008 07:31 niteReloaded wrote:Show nested quote +On November 19 2008 07:10 CharlieMurphy wrote:
If you were ahead and she turned into you she is at fault right? She drove into you. She's a woman. It's her fault. Yeah, that's apparently one of the key reasons the insurance won't pay her all the costs. Even tho I obviously made a mistake, I was still ahead of her and it was her who hit me, not the other way around. I wonder whose fault would it be if you went thru an intersection when you had green light, but your car stops in the middle of it. Then the cars from the crossing road get green light and one of them crashes into you. You had no business being there, but they're still retarded to crash into you.
If you had a serious problem (like engine failure) it would be their fault, because "they didn't adapt their speed to the traffic conditions". This also applies if I stop my car in the middle of a fking' turn and someone comes from behind and doesn't have time to break. It's wrong but they say you should be able to stop in case something happens to the car in front of you. So yeah, it wouldn't be your fault, in theory.
This case, however, 100% your fault. Who checks their left side when turning left in an intersection? You did bad. 
|
DONT LISTEN TO BAAL!!!!!!!!!!!!!!!!!!!!!!!!
|
On November 19 2008 07:08 SpiralArchitect wrote:
Unless thats a one way street you fucked up. Pay the lady.
Ditto
Legally, you are 100% at fault. I wouldn't try to do any "battling" in court, it's a huge waste of time and resources...
|
|
|
On November 19 2008 07:10 CharlieMurphy wrote:
If you were ahead and she turned into you she is at fault right? She drove into you. She's a woman. It's her fault.
She cant really help that she is a woman now can she?
|
this is croatia, just bribe the cops or law enforcement and the judge, and you will be fine.
|
so you accelerated past her just after the stop sign on the wrong side of the road?
such a bad move....
or the stop sign is for the road going other direction?
drawing is so bad i cant tell
|
Your fault. Pay and get it out of the way. You'd end up paying if you go to court so just pay now, save the time. Don't be an ass.
|
Calgary25986 Posts
Yea I've passed people in bus stop lanes too. This is 10 times more retarded than that.
|
just consider yourself lucky for not being involved in a head on collision instead, that wouldve been much worse
|
I changed my mind about how I feel about you being allowed to drive after reading a couple more of your responses. You should assume full responsibility, and give up the right to drive. You have no business being on the road, as you're a danger to yourself, and everyone around you. I hate people who pass on the shoulders/bus lanes/bike lanes/whatever lane you're not supposed to go into, but you do it anyway because you're an impatient prick.
That said, you should at least seek advice from a lawyer before doing anything. And don't pay until you're being forced to go to court.
|
Pay 100% of the damages and drive more carefully next time. Think of the wasted money as something extra that you paid for a learning experience.
|
id say both are at fault but you are more at fault
what the fuck were you doing passing through an intersection
|
if the husband wants to sue, wouldnt he sue your insurance company? its a big risk to try and sue you since if you're poor, the husband is fucked with legal fees and no big monetary gain. when you say 20-30% of damages, are you refering to what the couple was quoted by a mechanic? or are they pulling some bullshit # out of their ass to try and capitalize on the situation? best situation is to let your insurance company handle it. tell the husband that you dont have any fucken money and he is going after the person with the shallowest pockets.
|
You must pay. IMMEDIATELY.
|
On November 19 2008 07:31 niteReloaded wrote:Show nested quote +On November 19 2008 07:10 CharlieMurphy wrote:
If you were ahead and she turned into you she is at fault right? She drove into you. She's a woman. It's her fault. Yeah, that's apparently one of the key reasons the insurance won't pay her all the costs. Even tho I obviously made a mistake, I was still ahead of her and it was her who hit me, not the other way around. I wonder whose fault would it be if you went thru an intersection when you had green light, but your car stops in the middle of it. Then the cars from the crossing road get green light and one of them crashes into you. You had no business being there, but they're still retarded to crash into you.
I actually saw that exact scenario on one of those daytime court shows. Lady drove into intersection on green, cars didn't make it across (due to traffic congestion). Some dumb ass got his green and just rammed into her. Both of them were at fault. She shouldn't have entered the intersection if she couldn't make it through and the other crasher obviously shouldn't have driven into the clogged intersection even if they have the right-of-way.
PS- CA Law, I think it used to be illegal to pass in an intersection but now its now its legal, just bad manner/not very safe to do.
|
Yeah you said this is a two way street. Pay up. Like I said on the first page. Your fault, 100%.
|
On November 19 2008 07:31 niteReloaded wrote:Show nested quote +On November 19 2008 07:10 CharlieMurphy wrote:
If you were ahead and she turned into you she is at fault right? She drove into you. She's a woman. It's her fault. Yeah, that's apparently one of the key reasons the insurance won't pay her all the costs. Even tho I obviously made a mistake, I was still ahead of her and it was her who hit me, not the other way around.
the point is that she was in the last possible lane to turn to left so she could easily ignore the mirrors, looking back, etc. the only problem for her is her front side, if no cars come from there she is free to make the maneuver. tho she should look behind of course, but for her safety only: a reckless driver could crash her car.
takeaway lessons for you:
1 you'd better horn before doing such a dangerous move. it's standard in my country. it's not like it frees you from the responsibility, it's just that the other driver would be more careful for reckless people.
2, the most important thing you need to learn now from this - if a car right in front of you goes slowly or slows down, you need to do the exact same thing, 100% understand the reason and only then do your next move. Pray to god, there was no a child passing the street in front of that car... you could easily hit the child. Now, knowing that worse things could happen, you just happily go and pay.
On November 19 2008 07:31 niteReloaded wrote:
I wonder whose fault would it be if you went thru an intersection when you had green light, but your car stops in the middle of it. Then the cars from the crossing road get green light and one of them crashes into you. You had no business being there, but they're still retarded to crash into you.
if the car is not moving, it's called an obstacle. it's wrong to hit it, you must pass it by.
|
You have yourself to blame for this one, be a gentlemen and don't cause them problems.
I was t-boned in an intersection and at the site it was obviously the guy's fault(he admitted it on site). Me being dumb and young at the age just swapped insurance info and went home without calling the police, didn't see the need to. Anyways, he tells his insurance company that I ran a red light, even though he was turning right during a red light in the second lane from the curb(he admitted on the scene). Anyways, my insurance compnay said there was nothing I could do.
The repairs ended up being like 10,000 and my insurance paid for 2k of that. So I was out 8k and now have a point on my insurance from the accident. Don't be a jerk like that other guy .
Edit: She isn't obligated by law to use her blinker, you were the only one making an ilegal move and are entirely at fault. No reason to ever be in such a rush, slow down when you're driving and just enjoy listening to music or whatever.
|
On November 19 2008 06:17 FzeroXx wrote:
Are these one way streets or two way? One way you passing is no big deal, albeit still wrong, two way you're fucked and should pay full.
If it were a one way street, she would have to make a left turn on the left most street, or if there were two left turn lanes, the one to the far left would have been for left turns only.
If it were a one way street with two left turn lanes, you're entirely at fault.
One way street with one or zero designated turn lanes.. she's entirely at fault for making an illegal left turn.
|
just flip a coin. time and peace of mind > wee bit of dent
|
Hey bro. My mother works in a car repair shop and she deals with these kind of things daily. So I'll let her read your story and see what she says.
|
i thought it's legal to pass the car infront as long as the middle orange line is not double solid lines..
|
On November 19 2008 11:42 stalife wrote:
i thought it's legal to pass the car infront as long as the middle orange line is not double solid lines..
You can't pass someone in an intersection or if there's a solid line in Canada. Canada isn't related to this scenario though.
Your maneuver was super dangerous and quite illegal. You may get away with it because she hit you from "behind" but don't do that shit again.
|
On November 19 2008 09:14 travis wrote:
id say both are at fault but you are more at fault
what the fuck were you doing passing through an intersection
Pretty much this. At least with me it is pretty programmed in my head to never, ever do this.
|
United States24723 Posts
The reason why they give defensive driving courses, and the reason why you should listen to them, is because there are bad drivers like her everywhere.
|
In fact what I really dont understand in your case, and what should focus your attention right now imo, is why you insurance would repay only 20-30 % of the damage?
I mean, wtf? Did you read your contract closely? Can you get in contact with them and ask them what are the factual reasons they would only give 20-30 %?
If I get this correctly, the main issue right now is the husband dude wants cash. And the cash is -normally- coming from your insurance company. So I guess one way you could fix that problem, and avoid all court matters, is trying to elucidate why the repayment is that low.
You can argue with your insurance.
To your insurance company, if you did not say it already, don't mention that she was driving slow... but do insist on the point that she fucking forgot her "light" AND she didnt check behind nor sides this selfish bitch.
Court is another story, you don't want to talk them around, as it may and will, most of the time, gets back on you. But you can talk around your insurance a little more.
As a side note, I am a biker myself, and I FUCKING HATE when they do that.
|
I'm really not understanding the situation. Was the car that hit you trying to turn left or make a lane change? How can she make a lane change when it's a two way? If she was turning left then I see it compltely your fault, however it's illegal to lane change in the middle of an intersection.
Edit: Nvm I got it, there arn't many intersections that look like that in my area. Most streets here have like 4-5 lanes per road, not just 2.
|
Physician
United States4146 Posts
On November 19 2008 05:30 niteReloaded wrote:The sums of money are too low for me to seek professional advice, and TL has tackled tougher issues than this one.
then pay up and be done with it ..
|
I don't get why people here are still convinced its 100% this guys fault, sure what he did was retarded but this woman also made two fucking stupid mistakes:
1. She didn't signal when she's about to turn at an intersection (wtf?)
2. If you look at the OPs pic (and if its tru) he was practically right beside her when she turned, which means if she'd even looked slightly to her left she should have been able to see a car out of the corner of her eye and why the fuck wouldn't you look where ur about to turn?
On top of that, regardless of how stupid passing a car at an intersection is, she's still the one that hit his car, not the other way around. Also, If you read what he said his insurance company told him, than its clear this is not 100% his fault according to his countries laws. So maybe we should stop it with this "100% ur fault" bs?
|
On November 19 2008 14:16 HumbleZealot wrote:
I don't get why people here are still convinced its 100% this guys fault, sure what he did was retarded but this woman also made two fucking stupid mistakes:
1. She didn't signal when she's about to turn at an intersection (wtf?)
2. If you look at the OPs pic (and if its tru) he was practically right beside her when she turned, which means if she'd even looked slightly to her left she should have been able to see a car out of the corner of her eye and why the fuck wouldn't you look where ur about to turn?
On top of that, regardless of how stupid passing a car at an intersection is, she's still the one that hit his car, not the other way around. Also, If you read what he said his insurance company told him, than its clear this is not 100% his fault according to his countries laws. So maybe we should stop it with this "100% ur fault" bs?
He probably wasn't right next to her when she started turning. In fact, he was probably in her blind spot and then a second later right next to her.
|
neither of you should be changing lanes in the intersection
that said, did you change lanes before the intersection? if so, her fault.
|
Um this is weird. First you don't pass left side at intersection (I would go right side if this lady was either side of road (left means she might turn left, right of course right possible).
I almost had same situation as I was turning left with blinkers, some retarded guy passed me from left just before I started to turn (speed was that road 80 km/h or 50 mph). Obviously I wasnt passing nobody while going that slow speed to prepare turn. But I just managed to see him and didn't turn. There was shitload of space right side of lane (this was 1 lane road both sides).
So question is why you passed him from left side?
|
On November 19 2008 10:01 CharlieMurphy wrote:Show nested quote +On November 19 2008 07:31 niteReloaded wrote:On November 19 2008 07:10 CharlieMurphy wrote:
If you were ahead and she turned into you she is at fault right? She drove into you. She's a woman. It's her fault. Yeah, that's apparently one of the key reasons the insurance won't pay her all the costs. Even tho I obviously made a mistake, I was still ahead of her and it was her who hit me, not the other way around. I wonder whose fault would it be if you went thru an intersection when you had green light, but your car stops in the middle of it. Then the cars from the crossing road get green light and one of them crashes into you. You had no business being there, but they're still retarded to crash into you. I actually saw that exact scenario on one of those daytime court shows. Lady drove into intersection on green, cars didn't make it across (due to traffic congestion). Some dumb ass got his green and just rammed into her. Both of them were at fault. She shouldn't have entered the intersection if she couldn't make it through and the other crasher obviously shouldn't have driven into the clogged intersection even if they have the right-of-way. PS- CA Law, I think it used to be illegal to pass in an intersection but now its now its legal, just bad manner/not very safe to do.
dad had the same situation some decade ago. he was 100% at fault, just because "he had no business being there in the middle of the intersection".
|
On November 19 2008 07:01 niteReloaded wrote:
It's a 2 way road, 1 lane for each direction (the cars are kind of small in my original picture), we are both heading north. I AM at the wrong side of the road in the moment of the impact.
The line goes like this - - - - - before intersection, but I'm not sure if it's full once you enter it, I should check that out.
I was thinking exactly the same as you guys BEFORE this guy from my insurance contacted me saying that she's been carelessly performing the most dangerous (legal) maneuver in traffic - the left turn.
If it wasn't for her mistake, I wouldn't have made mine. And when I did make mine, she still had a chance to avoid clash, but failed to take it.
And to the people who are saying what were you thinking... phew, I'm lucky this happened on this occasions; I've done stuff more retarded than this... (like passing people thru the bus stops - those small expansions of the road that are intended for buses to stop and drop people off)
She was just driving slowly, and me and my friend were discussing something so I didn't really think while driving, I was impulsively doing stuff.
I still feel like it's more my fault, but if the law says she's more to blame, I shouldn't really feel bad to take money.
With canadian law, if its a broken line you are allowed to move into the uncoming traffic lane to pass provided no cars are there. IF you made to pass her via the uncoming traffic lane before the intersection you should be fine as a) she would have seen you in her rear view mirror as you changed lanes, and should have seen you approaching in her side mirror.
Next she didnt signal her fucking turn, which means she didnt check her mirrors nor even look out the window, and just turned into you, ie HER FUCKING Fault
You were retarded, dont pass someone through an intersection, but still, if its a broken line your allowed to pass, she didn't signal her turn, nor check her mirrors before starting her turn, which means shes retarded, this is an accident that had she driven properly would never have happened even with your retarded pass.
Do i think your partially to blame, yes, but her moreso as she didn't do alot of things she should have been doing while driving, and most of em were biggies
|
If i understand this correctly and i think by Australian road laws. The turning vehicle must always yield "right of way" to the straight going vehicle.
IMO unless you are passing her illegally, i.e. you trying to pass her from the opposing lane etc.
Then it is almost 100 percent her fault. She should have checked her mirrors and blind spot before turning. How fast you travel or how sudden you travel is irrelevant and if somehow this is not the case, still it would be impossible for her to prove anything.
Intersection is very tricking because she can say that because she is already waiting to turn but still she should have checked first.
|
Again, I think the rule of thumb for vehicle turning at intersection is to slow down and signal. You shouldn't have pass her at an intersection but you are just being dumb, she broke the rules.
|
that is 100% ur fault. you think you can just pass cars in the middle of an intersection?. Most likely your gonna be found 100% guilty in court.. then you'll be fucked with paying more money like court fees, lawyer fees, and damages to the plaintiff
|
I edited the picture the way I think the situation looked like. Green arrows show the lane direction.
oh yeah and it's 100% his fault btw 
|
CruiseR
Poland4014 Posts
On November 19 2008 06:10 Chill wrote:
You passed her through an intersection?
ROFL
I'm all for aggressive driving, but you majorly fucked up and should pay.
|
tbh i might have reconsidered abit, seeing the stop signs on the other road. Means you were on a primary road. Were you in community or out on a country road? If you were on a country road you might get away with it as you should be able to do that kind of a pass by on a primary road when you are on a country road.
what was the speed limit?
|
100% his fault. I know idiot drivers but none stupid enough to overtake at an intersection. Her not indicating is irrelevant. Stupid manoeuvre to try and pull.
|
If the intersection contains markings or lights that suggest which road has priority and shit, it's legal to pass another car. At least that's how it is in Romania, you sure you can't pass the car no matter what in an intersection? Because if you are allowed to pass another car in an intersection (the only exception I know from this is when the intersection contains no markings/signs/traffic lights) then you didn't do anything wrong.
Even if you shouldn't have passed her, my impression is that she bears at least the same amount of fault, if not more.
|
behold
she is a woman --> woman drivers are generally bad --> bad drivers are more likely to get into accidents --> the accident was her fault
QED, kthx
|
Your witty and original analysis of the driving habits of females is one for the ages.
Anyway, both at fault, OP more so. Split it 60-40 or 70-30 or whatever if insurance won't pay up.
|
ok, this is getting a bit anoying. He is asking for help and the witty "woman drivers suck" repsonses are getting old. Furthermore its quite rare that insurance companies see black and white in accidents like these since they arent all that happy to pay up, thus "100% OP fault" are a quite hasty conclusion (yes, i even did it myself at first).
Bring some thoughtful input to the topic or atleast just read a couple of pages through to see that no one laughs at old jokes.
As i previously stated, there is still info OP havent revealed that might be crucial in determing the actuall perpetrator in the case. Again, was this in a closed community or on a country road. Those stop signs are most relevant here, because IF, and i say if the accident occured on a country road and the road was a primary road (as indicated by the stop signs), you might actually be able to swing this in favor of OP.
|
On November 19 2008 21:51 Starparty wrote:
ok, this is getting a bit anoying. He is asking for help and the witty "woman drivers suck" repsonses are getting old. Furthermore its quite rare that insurance companies see black and white in accidents like these since they arent all that happy to pay up, thus "100% OP fault" are a quite hasty conclusion (yes, i even did it myself at first).
Bring some thoughtful input to the topic or atleast just read a couple of pages through to see that no one laughs at old jokes.
As i previously stated, there is still info OP havent revealed that might be crucial in determing the actuall perpetrator in the case. Again, was this in a closed community or on a country road. Those stop signs are most relevant here, because IF, and i say if the accident occured on a country road and the road was a primary road (as indicated by the stop signs), you might actually be able to swing this in favor of OP.
That's actually a very smart remark.
|
the way that he keeps tacking on new things to defend himself leads me to believe that he didn't really come here for advice, more that he came for validation in what he wants to do. while the OP may not be 100% guilty, his actions in overtaking the woman at an intersection were both illegal and the main cause of the accident. if he still feels like he's to blame but still wants to chance it and try to pin it on her, then by all means take this to court with her. in the end he could probably save himself a lot of money and grief by just manning up and settling with her outside of court.
|
Im sorry, but what you were doing is called hazardous driving and is alot more than just fucked up. If this goes to court, you could very well get fine on top of having to pay what you, too my oppinion, owe her.
If you see a car breaking at an intersection you do not try to pass it. Actually you dont pass any cars whatsoever at an intersection according to law, so if were you idd try not to get this into court.
|
to OP:
It is 100% your fault. Didn't it pass your mind that she might be driving slowly because she was finding a road to turn to? There is no law set on how late you blink. Also there is a reason why there is a law that firbids you from passing during intersection.
She is not supposed to check mirrors or "dead angle" when she is turning left. Only when she is turning to the right.
You might wan't to pay the full amount to her right away, since it will be very much more expensive if you go to the court.
|
On November 19 2008 10:22 vsrooks wrote:
Edit: She isn't obligated by law to use her blinker
Croatia <> USA
I'm not 100% sure about this, but I think it's mandatory to use blinkers.
We had to do it in driving lessons.
On November 19 2008 15:45 Too_MuchZerg wrote:
So question is why you passed him from left side?
Ummmm..
1) My pic is fucked up and there's no space to pass from right side.
2) Even if there was enough space, same thing could've happened if she was turning right.
On November 19 2008 18:59 BloodyC0bbler wrote:
With canadian law, if its a broken line you are allowed to move into the uncoming traffic lane to pass provided no cars are there. IF you made to pass her via the uncoming traffic lane before the intersection you should be fine as a) she would have seen you in her rear view mirror as you changed lanes, and should have seen you approaching in her side mirror.
Next she didnt signal her fucking turn, which means she didnt check her mirrors nor even look out the window, and just turned into you, ie HER FUCKING Fault
You were retarded, dont pass someone through an intersection, but still, if its a broken line your allowed to pass, she didn't signal her turn, nor check her mirrors before starting her turn, which means shes retarded, this is an accident that had she driven properly would never have happened even with your retarded pass.
Do i think your partially to blame, yes, but her moreso as she didn't do alot of things she should have been doing while driving, and most of em were biggies
Yea, I guess my insurance thinks the same.
On November 19 2008 22:32 IrrasO wrote:
the way that he keeps tacking on new things to defend himself leads me to believe that he didn't really come here for advice, more that he came for validation in what he wants to do. while the OP may not be 100% guilty, his actions in overtaking the woman at an intersection were both illegal and the main cause of the accident. if he still feels like he's to blame but still wants to chance it and try to pin it on her, then by all means take this to court with her. in the end he could probably save himself a lot of money and grief by just manning up and settling with her outside of court.
Yeah, obviously I do have legal grounds to fight my case. I doubt my insurance is retarded enough to do things like that without anything to support them.
I believe it is my duty to fight for myself and my family (my brother or father will pay the money, coz I'm a college student) so if the law says I should get some money, I think I can't not go for it.
The problem is, morally this seems wrong, if it was my money, I would probably give this up and let them have it.
On November 19 2008 22:40 Kong John wrote:
If you see a car breaking at an intersection you do not try to pass it. Actually you dont pass any cars whatsoever at an intersection according to law, so if were you idd try not to get this into court.
She wasn't breaking, she was just driving slow.
I guess if I was _alone_ in the car, I would've 'connected the dots' and realized that if she's driving this slow, she just might be getting ready to make the turn.
Some additional info:
The road is a small road with low (medium during rush hours) intensity traffic, it's located in the city suburbs. There aren't any kids on that particular part of the neighborhood.
Speeds are not high. This wasn't THAT dangerous as some of you might have pictured.
Anyways, I probably won't give up on the case straight from the bat. Like I said, I obviously have some grounds to fight for myself.
I won't lie or anything, I will simply state the facts and see what the law says about it.
I also confirmed that I can't be held accountable for court costs or anything, it all goes on my insurance.
So, other than that bad gut feeling, I see no reason not to go on with this.
|
lol why are you guys so upset with passing in an intersection? didn't you see that he passed someone on the WRONG SIDE OF THE FUCKING ROAD? intersection or not, obviously your fault. common sense.
|
On November 20 2008 02:25 irishash wrote:
lol why are you guys so upset with passing in an intersection? didn't you see that he passed someone on the WRONG SIDE OF THE FUCKING ROAD? intersection or not, obviously your fault. common sense.
how do you usually pass by someone? going under them? On 2 wheels on the inside of the road james bond-style?
|
i typically pass by legally, on the side of the road i am supposed to be driving on, not against oncoming traffic. was that a serious question or did you just not read what i typed?
|
On November 20 2008 05:11 irishash wrote:
i typically pass by legally, on the side of the road i am supposed to be driving on, not against oncoming traffic. was that a serious question or did you just not read what i typed?
How do you pass a car on your own side of the road when there are only 2 lanes? You pass by going into the lane going the other way when it's safe to do so. This is considered standard driving practice.
|
I think I am still not getting the situation after 6 pages....
so, you guys drive on the right side of the road? need to check because i am left sided.
1 lane, two ways, dotted line separating the two lanes?
no traffic lights? what is the stop sign for? why didn't any one of you two stop? usually there are solid lines on the floor with the stop sign.
Considering where the stop sign is situated, I would say that your road is not the primary road, which means all the cars going east<->west have priority, right?
|
no no no you got it wrong.
I'm guessing the traffic signs are placed on the left side of the road in the UK?
Well, here, they are placed on the right side, coz you drive on the right side.
My road is the primary one. No traffic lights, small roads outside of city.
|
ic... actually traffic signs are everywhere so you just have to watch out.
also... what time did this accident occur?
because in the uk, if you didn't use the indicating light when you should and got caught by police, they can charge you. they usually just warn in day time, but quite often make you pay at night. repeat offense will land you straight in court, and in any situation, the one who didn't indicate lose unless it is some bizarre situation which this one is not particularly considering you are on the priority road.
anyway, since you have so much guts making a moving at an intersection I think you should consider your career into some sort of extreme car racing.
|
United States4991 Posts
You're generally not even supposed to change lanes in an intersection. It's your fault for being a stupid driver.
I believe it is my duty to fight for myself and my family (my brother or father will pay the money, coz I'm a college student) so if the law says I should get some money, I think I can't not go for it.
Criminals are so victimized.
Take a loan from them and pay them back later on.
|
So, going by your picture:
She pulled up to the stop sign, and stopped.
She proceeded, you pulled up to the stop, stopped.
You proceeded and she was somehow not turning by the time you starting moving again, and you tried to pass her. Then she turned unexpectedly and you got hit?
How the fuck is that possible? Or did you blow the stop sign completely?
|
On November 20 2008 08:09 anderoo wrote:
So, going by your picture:
She pulled up to the stop sign, and stopped.
She proceeded, you pulled up to the stop, stopped.
You proceeded and she was somehow not turning by the time you starting moving again, and you tried to pass her. Then she turned unexpectedly and you got hit?
How the fuck is that possible? Or did you blow the stop sign completely?
no man, thats what i thought, but apparently the stop signs are for the road east<->west
he was on the priority road, it confused the hell out of me for some time
|
On November 20 2008 07:31 white_box921 wrote:
anyway, since you have so much guts making a moving at an intersection I think you should consider your career into some sort of extreme car racing.
it's funny, coz I always was a huge fan that.
I get bored driving 'normally'. Well, at least I used to, now I'm a bit more serious.
|
On November 20 2008 07:43 HnR)Insane wrote:
Take a loan from them and pay them back later on.
nope, I'm taking the money if it belongs to me.
That's my decision for now.
|
lol it's 10000000000000000% your fault. You're gonna lose big time in court, it's a waste of time seriously. Go try and prove that she didn't use blinkers and even if you can do that, you're still 100% at fault.
|
its your fault but if you werent gonna file an accident report for something 100% ur fault u shoulda gave her fake info and jetted the f out
|
actually if you guys look at the picture again. what makes some of you so sure that IF SHE SIGNALED the OP can see the her signaling unless it was shining all over her left side. he was already besides her.
|
Still alot of people seeing black and white on this. Perhaps hesitate with your comments unless you actually have some experience in how ensuranse companies think and act in such circumstances. Who gives a damn shit about whos fault it was purelly from an ethical point of view, its what the ensurance company decides that matter. And AGAIN I STATE seing the circumstances i certainly dont think you can get away with it BUT you might not have to pay up 100% of it.
|
Obviously this is in Croatia, but I found an intersting part of the Canadian Highway and Traffic Act. It actually states that you can pass as he did if it is a one lane highway. The term highway is used to include any type of street so that's not really important. I posted before that "it's obviously illegal to pass in an intersection" but according to this that isn't the case. She is supposed to check (mirrors/shoulder) before she makes the turn.
It's not as if this is very likely because on a busy street, you have to wait for oncoming cars to pass before making a left but it's still our law. You'd actually be found 50% liable.
The moral of the story is check your damn local laws. TL isn't going to know anything about your specific local laws as we don't even know our own. Don't go to court. Drive smarter next time because that's a retarded thing to do.
Edit: Typo
|
On November 20 2008 05:54 Terranator wrote:Show nested quote +On November 20 2008 05:11 irishash wrote:
i typically pass by legally, on the side of the road i am supposed to be driving on, not against oncoming traffic. was that a serious question or did you just not read what i typed? How do you pass a car on your own side of the road when there are only 2 lanes? You pass by going into the lane going the other way when it's safe to do so. This is considered standard driving practice.
haha I lol'd at irishashXD
seriously, you can pass another car thru the lane that is ment to the oncoming traffic, but not in any case if there is an intercection, or if there is two or more lanes going to same direction.
|
i've had some car accidents before and trust me, sometimes u cant even prove a clear case and remain at 50/50, basically with no compensation. In this situation its clearly your fault and u have NO CHANCE whatsoever. I've had old driver with perfect record turn into me while i was going straight down the main road, just because her 80 year or whatever record was clean they gave us 50/50 fault. I was pissed. Another time i was making a left turn on an intersection and a biker came flying straight through the yellow light trying to make it on time, smashed my rear right when i was basically done turning. They blamed it on me completely.
|
Umm that second one IS completely your fault? Seriously, if he still has yellow, you obviously still have red, so wtf are you doing making a left turn in the first place?
Edit* Crap lol, didn't notice date on the posts. Link through PE =/
Anyways, any update on the situation OP?
|
As much as you don't pass in an intersection, you also don't change lanes in an intersection.
Anyway, I hope the cost is minimal to both of you. Aren't you the guy who found some motivational speaker and decided to leave TL?
|
If you are passing at an intersection and there are two lanes going the same way, how is that your fault? That doesn't even make sense at all, or else everyone going through an intersection would have to go at the same speed, neck to neck.
The only way I can see this being your fault is if you passed her at an intersection in which there was only one lane, and you crossed over into the opposing side to pass her.
I tried to read through the thread but gave up when I didn't find anything about this info.
|
Guys, its his fault. Didn't we solve this thread a few pages back?
Do you EVER check your left mirror when you're turning left? No.. You stop at the light/stop sign, and you look in front of you for oncoming traffic. No traffic/green light? You go. That driver has no obligation to check behind him/her for anyone that decides to pass a stopped car illegally.
|
On November 27 2008 03:10 TheosEx wrote:
If you are passing at an intersection and there are two lanes going the same way, how is that your fault? That doesn't even make sense at all, or else everyone going through an intersection would have to go at the same speed, neck to neck.
The only way I can see this being your fault is if you passed her at an intersection in which there was only one lane, and you crossed over into the opposing side to pass her.
I tried to read through the thread but gave up when I didn't find anything about this info.
no cause changing lanes at an intersection is illegal in the first place so thats why they will blame him and he will lose the case
|
Ugh, reminded of this topic when I managed to hit the mirror of a parked car and knock it loose.
Does anyone know how much car mirrors cost to replace?
|
|
|
|
|
|
EPT![[image loading]](http://img528.imageshack.us/my.php?image=asdxy5.jpg)
![[image loading]](http://img528.imageshack.us/images/thpix.gif)
![[image loading]](http://img141.imageshack.us/my.php?image=asdxy5lp3.jpg)
![[image loading]](http://img141.imageshack.us/images/thpix.gif)
