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 Posted: Sat Apr 11, 2009 2:37 pm Post subject: Accident at a stop sign |
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Hi,
I was on the campus parking lot around 9pm at night today, there were only a few parked cars in the entire lot, I drove out of my parking spot towards the stop sign at the exit of the parking lot, I fully stopped at the stop sign and looked at both sides, there were no cars, then I proceed to turn right, then all of a sudden another car came up from the left going forward (no stop sign on the other car's side), then I bumped onto the other car, campus police came and took a police report and said that they think I am at fault due to I did not yield right of way, the police did not issue me a ticket, because the police believed that I did fully stop at the stop sign before I proceed, I did not see that car coming from the left, I am not sure if they did not turn on their headlights, (they droved out from their parking space without turning on their headlights, then they turned the headlights on while driving towards me), that is maybe why I did not see any cars coming, please let me know if I am at fault?
I had another minor accident early last year, I was at fault for that accident, if I am at fault again this time, will my insurance carrier drop my insurance coverage and leave me without coverage?
my premium already went up after last year's accident, will my premium go up again this time if I am at fault again?
Thank you.
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Cindy needs help
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| Posted: Sat Apr 11, 2009 6:55 pm Post subject: |
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Yes, you probably are at fault (though you don't mention the points of impact to the two vehicles and this can make a difference. You just failed to see the other vehicle. It happens.
Your carrier may or may not non-renew your policy. Chances are better they they would just increase your rates rather then non-renew the policy. They cannot cancel a policy mid-term. |
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tcope
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| Posted: Sun Apr 12, 2009 2:37 pm Post subject: |
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| Your premium will probably indeed go up because you are a "higher risk," but if it was a minor accident, they will probably not drop you. One idea to lower your premium a little bit would be to take a defensive driving course. Be proactive in taking it, and it will also help your insurance company to decide that you have taken responsibility and are taking the necessary steps to prevent another accident in the future. |
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ChrisBantly
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| Posted: Mon Apr 13, 2009 5:04 am Post subject: |
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Noting that you bumped into the other car, you could be at-fault. And also what tcope has said is right…..the point of impact between the cars can change the whole story. But again the police report too indicates that you were at-fault, which is again an important document in determining the responsibility of the accident.
Regarding, whether the premium rates will be affected or not would depend entirely upon the policy of the insurance company. But, its likely to go up. Now, even if the current insurer decides to drop your business that doesn’t mean that you’d be left without coverage. Start checking with the rates of other companies. it may also help you in managing lower rates with the policy. |
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jeorge
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| Posted: Mon Apr 13, 2009 8:27 am Post subject: |
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| Chris, why would she be considered as a high risk driver? She has had only two minor accidents in her record. What are the parameters that the insurance company evaluates in deciding a driver a high-risk driver? Would being proactive ensure her lower rates? |
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simon
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| Posted: Mon Apr 13, 2009 8:57 am Post subject: |
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Thanks for the replies,
I am 30 years old now, I have never had any accidents before, except for the one last year and this one now, I really don't know what happened, I am very sad, I know if it is my fault again, I have to admit it, but can anyone let me know that if the other driver did not turn on their headlights, would that make any difference on who is at fault?
my car damage was on the front right hood and bumper, the other driver's damage was on their rear right passenger door, does this mean that I am at fault?
I told the police that the other party did not turn on their headlights, the police said that he believes that will not make a difference since right of way is the key, but the police said that I could let my adjuster know and the insurance adjuster can make a decision different from the police's decision, is that right?
The police also mentioned that the official police report will be ready at his police station next week, do I need to go and get a copy for myself or my insurance will obtain one for me?
Also, I am in California, the police said that I need to file a SR-1 Form with the California Department of Motor Vehicle within 10 day of the accident, if not, my drivers license and car registration will be suspended, what is this for? what is the consequences of filing this SR-1 Form to the DMV? will my insurance carrier file this SR-1 Form for me, or do I have to do it by myself?
p.s. I did not file the SR-1 Form with the California DMV at my last year's accident, because no police came to the scene and no police report was filed, and I did not know that I have to do so.
Please help, thanks.
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| Posted: Mon Apr 13, 2009 10:06 am Post subject: |
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| Quote: | | and the insurance adjuster can make a decision different from the police's decision, is that right? |
Absolutely, the adjuster is the professional who would decide on the fault issue. The police report is definitely an important document but its not absolute. Wait, there are couple of seasoned adjuster associated with this board. You may soon hear from them.
| Quote: | | The police also mentioned that the official police report will be ready at his police station next week, do I need to go and get a copy for myself or my insurance will obtain one for me? |
Have you turned the claim to them yet? if so, have you spoken to the claim adjuster? What is her opinion about this headlight business?
Cindy how long you have been with this insurance company? Occasionally, insurers take a lenient approach to their long time customers, who otherwise have maintained an untinted driving record apart from some misfortunes.
Thanks,
Rupert |
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RupertWBradson
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| Posted: Mon Apr 13, 2009 10:42 am Post subject: |
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Dear Chris,
| Quote: | | One idea to lower your premium a little bit would be to take a defensive driving course. |
Does it really happen that way? Would an insurance company rate you differently for trying to be responsible now ? Won't they count upon the past track record? Also, I'd like to know the kinda driving course you're referring to.
Steven |
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steven
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| Posted: Mon Apr 13, 2009 10:59 am Post subject: |
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In California the motorists are required to fill-out the Sr-1 form for accidents caused in the highway or on private property regardless of fault. The sr-1 form is required to be submitted with the state DMV within 10 days of the accident if there is property damage worth more than $750 or bodily injuries.
The consequence of NOT filing sr1 is that you may get your license suspended. May be there wasn’t anyone injured in your first accident and therefore you weren’t required to fill-out the form but this time the requirement is there. Contact your insurance company and they would do the job for you.
The sr-1 form wouldn't determine your fault….its a mere notification to the DMV that the motorist was involved in an accident and was insured at that time. But, not filling it out might attract severe consequences.
~Jeremy |
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JeremyHolter
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| Posted: Tue Apr 14, 2009 6:09 am Post subject: |
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| Quote: | May be there wasn’t anyone injured in your first accident and therefore you weren’t required to fill-out the form but this time the requirement is there. Contact your insurance company and they would do the job for you.
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no person was injured at this accident as well, so do I still need to fill-out the SR-1 Form, will my insurance company fill-out and send in the SR-1 Form for me?
Also, regarding if I am 100% at fault, could someone please help me? Thank you.
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| Posted: Tue Apr 14, 2009 6:19 am Post subject: |
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After knowing where the damage is on the two vehicles, I would say that you would be liable for the accident as if I’m correct the other driver was almost through or at least in the middle of the intersection when you turned right. (The other driver was coming from your left prior to you attempting to turn right to go the same direction they were traveling?) Even with no headlights, the other vehicle would have had to be directly in front of you when you started to turn to hit them in their right rear passenger door with the right front of your vehicle.
I do understand that you might not have seen them 3 second prior if they did not have their head lights on, but the argument is that you did not make sure the intersection was clear when you made your turn. You always have to be looking both ways even during the turn and can't assume that the situation has not changed.
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Dasfuk
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| Posted: Tue Apr 14, 2009 7:04 am Post subject: |
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Hi,
| Quote: | | You always have to be looking both ways even during the turn and can't assume that the situation has not changed. |
With things like driving even a fraction of a second could be important..you'd always have to be on alert!
See...these are mere acts of carelessness that might lead us through costly settlements.
So, now you might as well try to make your adjuster empathize with you...and then check out how much premium hike they might come up with..
Steven |
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steven
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| Posted: Mon Apr 27, 2009 11:33 am Post subject: |
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Hi everyone,
I would like to know if the other party is speeding (driving over the set limit), am I still 100% at fault?
The accident happened on a campus parking lot, the speed limit is 20mph,
I was only about 5mph since I just started driving after stopping at a stop sign, but I believe the other party was driving way over the 20mph limit, am I still 100% at fault?
Thank you.
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| Posted: Mon Apr 27, 2009 1:29 pm Post subject: |
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| Quote: | | but I believe the other party was driving way over the 20mph limit, am I still 100% at fault? |
'Believe" is the key word. Was the person speeding? Can you prove this? Lacking any verification it really holds little weight. |
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tcope
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| Posted: Mon Apr 27, 2009 2:02 pm Post subject: |
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Hi,
I am not trying to find excuse for myself, I will need to be reponsible for my act, but I would like to know if the other party is speeding, will it make any difference, I will be able to get the police report soon, I think the officer has written down what he thought each of our driving speed was.
Thank you.
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