by jade09 » Mon Dec 29, 2008 08:35 pm
Back on July 8th I had an accident involving a right turn into a local parking lot. The road I was on is the main street in town but it is legally part of highway 2. (Alberta, Canada). If you can imagine this; just a regular highway/street not double lanes or anything, and on each side of the street there is a parking lane. There are specific signs saying that it is paralelle parking only from 8-6 monday to friday. Myself and the driver behind me are both heading north. I put on my signal light about three car lenghts before my turn into subway, and when i checked the car behind me was fairly close, and seemed to be parking in the parking lane, they were further over. So I continue to proceed into my turn (I am in front of them) and i just get my wheels into the access, and the other driver hits me with her front left quarter panel in my rear passanger door. I have a 99 dodge neon and she a 03 oldsmobile van I believe. She swiched her story when we went to the police station, the police woudn't come down and look, no one was charged, and she was trying to blame it all on me.
After much fighting it has come down to a 50/50 due to lack of witnesses (8am in the morning). There's a part of me that want to say no, because personally I find this to be all her fault considering I was in front of her and she was following too closely. Her argument is that a right turn is supposed to be as tight to the curb as possible and I turned from the traffic lane opposed to the parking lane. By law states that that lane IS only a parking lane, and passing or anything of the sort is not permitted. By using that lane was she not technically trying to pass me and enter the access first? I don't know. What else I want to know is what happens now that it is 50/50? Does my insurance go up? And my car is only worth $3500 and the damages are apparantly $5000, how do avoid writing off my car? I am a student and don't have the money to buy another car. Anyone have any advice?
After much fighting it has come down to a 50/50 due to lack of witnesses (8am in the morning). There's a part of me that want to say no, because personally I find this to be all her fault considering I was in front of her and she was following too closely. Her argument is that a right turn is supposed to be as tight to the curb as possible and I turned from the traffic lane opposed to the parking lane. By law states that that lane IS only a parking lane, and passing or anything of the sort is not permitted. By using that lane was she not technically trying to pass me and enter the access first? I don't know. What else I want to know is what happens now that it is 50/50? Does my insurance go up? And my car is only worth $3500 and the damages are apparantly $5000, how do avoid writing off my car? I am a student and don't have the money to buy another car. Anyone have any advice?
Posted: Mon Dec 29, 2008 10:58 pm Post Subject:
Ok thanks. I just read the traffic act tho and get this :(
3) On a highway divided into traffic lanes, a driver approaching
an intersection and intending to turn right
(a) shall drive in the traffic lane nearest to the right hand side
of the roadway, and
(b) may pass any other vehicle travelling in the same
direction in a lane to that driver's left,
unless a traffic control device otherwise directs or permits.
(4) A driver of a vehicle approaching an intersection and intending
to turn right shall, wherever practicable, drive that vehicle into the
position required by this section at least 15 metres before reaching
that intersection.
RSA 1980 cH-7 s89
Posted: Mon Dec 29, 2008 11:06 pm Post Subject: insurance
Glad you found the Laws. GOSH.....I don't know what to say. Unless I missed it, how DID the other driver's story change/ What did she say to the police?
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