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 Posted: Sun May 03, 2009 6:46 pm Post subject: who's at fault? |
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| On may 1st I was making a left hand turn. I looked and no cars were coming so I started to turn..all the sudden an suv came flying and rammed into my front of my truck. She had to be going atleast 30+ mph and didn't evan brake. I know she had the right of way but I think she had time to slow down. Now my trucks totaled. Im wondering am I at fault? Or her? Mind u I wasn't evan going 10mph. I also didn't get a ticket at the scene. Idk if the other driver did. |
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roxygirl86
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| Posted: Sun May 03, 2009 7:42 pm Post subject: |
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| The police had to have done a report. As soon as possible get it or your insurance carrier can or will anyway as long as the accident was reported to them More than likely you are going to be at fault because you were pulling out into oncoming traffic. However if the other person was speeding this may help. |
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Chad
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| Posted: Sun May 03, 2009 7:47 pm Post subject: |
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| Appears she had the right away and you pulled out in front of her. That pretty much makes you responsible. In that she could not avoid hitting you is a different matter. She did not appear out of thin air so it seems that you looked and did not see her. Perhaps (most likely) she never had the opportunity to stop. It's a little unlikely that she saw you and just choose to ram into you at full speed without slowing. Most people, given the opportunity will try to avoid being in a serious accident. |
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tcope
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| Posted: Sun May 03, 2009 8:43 pm Post subject: my new car accident |
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I had a brand new 2009 Toyota me and a SUV both had a 4-way intersection with NO stop signs I attempted to slow down but there was a big truck on my left blocking my view -the other SUV had a Trailer on her right blocking her view, we both met in the middle of the intersection-nose to nose- her SUV did propterty damage, were were both found 50-50, does that mean no surcharge, and can I sue my own insurance company my car was a total loss I lost my down payment, because of the fees for registration,admin fees ect... I broke even I was hurt in the accident what are my options
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2009 Scion
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| Posted: Sun May 03, 2009 8:58 pm Post subject: |
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| Quote: | | I broke even I was hurt in the accident what are my options |
Some form of punctuation would be one of them. Honestly, it hurts my head just to try and read that, let alone answer it. Also, please start a new thread. |
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tcope
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| Posted: Mon May 04, 2009 9:02 am Post subject: |
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Roxy, you kinda answered your own question...when she had the right of the way you are at-fault for not letting her avail it. When you are making a turn you should make sure that the way is clear. I'm with T, she can't appear from nowhere.
Have you spoken to your insurance company? They would check whether or not the other driver was speeding. But most likely you have to bear the major portion of the fault.
~Jeremy |
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JeremyHolter
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| Posted: Mon May 04, 2009 9:05 am Post subject: |
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| Quote: | | does that mean no surcharge |
What do you mean by surcharge?
| Quote: | | can I sue my own insurance company my car was a total loss I lost my down payment, |
Why? Have they asked you to cause the accident? |
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JeremyHolter
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| Posted: Mon May 04, 2009 11:34 pm Post subject: . |
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I came to a full stop looked no one was coming I started to turn. I think she either came from a parking spot or came around the corner. I have obtained a lawyer. Also I got the accident report today and it says the other driver was issued 3 tickets. It doesn't say what,but im going to call and see what the charges are. I did not get one ticket. 
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roxyglrl86
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| Posted: Tue May 05, 2009 5:33 am Post subject: |
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Hi Roxy,
She must have had three tickets to her record but none for this accident, right? You have already stated that she had the right of the way when you were making the turn. That would obviously put some liability on you. If you like to report the claim to your insurer you better be careful what you say to them.
| Quote: | | She had to be going atleast 30+ mph and didn't evan brake. |
This too would need some investigation.
However, have you got her information? How exactly you are planning to go about it? What did you get the lawyer for? |
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JeremyHolter
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| Posted: Tue May 05, 2009 7:19 am Post subject: |
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Roxyglrl86 says:
| Quote: | | Also I got the accident report today and it says the other driver was issued 3 tickets. |
Well this is interesting...I'm wondering if it's the current accident report!
Please clarify!
| Quote: | | I came to a full stop looked no one was coming I started to turn. |
You should have waited. We've come across quite a few instances in the past wherein the the driver didn't wait till he obtained the right of the way. Were you in a hurry?
Steven |
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steven
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| Posted: Tue May 05, 2009 2:21 pm Post subject: accident |
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| I was in no hurry. Like I said I came to a full stop,looked and started turning. I have her information, says she was not the owner of the suv. And just states her statement which says I hit her suv,now if cars can drive sideways maybe. But no way. On the bottom of the statement sayd driver 2 which is other person received multiple charges. Which was 3 of them. Now I know she has a license it states her license # and expiration date. What could she possibly get tickets for? Probly speeding . I called the police station they said for me to call later in the week to find out what the tickets are for. If im not making sense im sorry. I also took pictures soon as I got out of my truck when the accident happened if anyone wants to see them.. |
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roxygirl86
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| Posted: Wed May 06, 2009 6:55 am Post subject: |
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Hi Roxyglrl86,
| Quote: | | And just states her statement which says I hit her suv,now if cars can drive sideways maybe. But no way. |
I don't think it's possible unless you were facing her. I'm saying this since you were driving only at 10mph/.
Did you mean you had already turned towards her when she appeared?
Steven |
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steven
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| Posted: Wed May 06, 2009 1:10 pm Post subject: accident |
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| What I mean is that it was impossible for me to hit her. I was already making my turn when she hit me. My back tires just left my lane. Now im trying to figure out what 3 tickets she got at the scene. Everyones telling me 1 speeding 2 wreckless or careless driving 3 endangerment. Idk guess I have to see. |
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roxygirl86
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| Posted: Wed May 06, 2009 2:12 pm Post subject: |
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Well Roxy,
I'm not doubting the fact that she was speeding. But is there any particular reason which makes you feel that she was reckless?
I'm asking this since you've already mentioned that she had the right of way!
Steven |
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steven
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| Posted: Thu May 07, 2009 5:39 am Post subject: |
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Roxy, honey, she might have tickets on her record but her past history wouldn't affect the facts of this accident. Even when she has a tinted driving record you would be responsible for the damages you (if only) have caused to her.
I gather the police report stated you as the #1 operator. Normally, the #1 driver is held responsible for causing the accident. Hence, if that is the case then I think that the police too believe that you're at-fault. Please clarify if I've got it wrong.
Regards,
Juanita
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Juanita
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