by puneet_k_86 » Sun Feb 24, 2008 03:23 pm
i was involved in accident last Friday me and my friend were going around the streets in fairway CA and i tried to make a uturn @ a downhill street it was a kind of bend in the sreet(the street was curved) i looked in my mirrors and looked over my shoulder i didnt see any car than i stopped and started making a u turn by going a little wide staying on ma right corner,suddenly a car came form behind and hit my left front side . my car was pretty slow but the other party car was assuming fast and they stopped about 300ft. away from the point of accident .my friend moved the car off the road as i was shocked . my friend got out of the car and starting talking to them took them gave them my insurance and asked for there insurance we both have sate farms insurance . so the police came and started asking questions they asked me that was my friend driving and i said no i was driving but he said the other party said that my friend was driving than i explained to them because it was my friend who got out of the car first and started talking to them at first they thought that he was driving and also cause when we had the accident i was really shocked so ma friend moved my car and also he did all the talking with them might have left an impression on them that he was driving the car than the police officer came and sat on my seat and asked me to show me that i was driving because the seat was adjusted according to height of some tall person (thats how i drive i am 5 4 or something ) than i showed him how i drive and did push the brake paddle all the way down than the gas paddle all the way down kept both my hands on steering i think he was convinced enough that i was driving. than the police took my statement and all my information and my friends information too . the other party had two people in there car both elderly man and a woman preferably more than 60 or maybe 70 they were quite old . my question is this that because i have a liability insurance will the other paties insurance cover my damage cause my car was heavily damaged but because i have liability insurance i just went to a body shop and started getting my car fixed .
1. who is at fault in this accident i haven't called my insurance yet because i was wooried about getting my car fixed first because of liability insurance.
2.If the other party is @ fault will they still send me money if my car is fixed by my body shop .
3.Is my friend in any kind of trouble because police took all his information ?
4. the other party in there statement said that they were 30 to 35 miles an hour but i think they were way more than that cause i never saw them 2 the first point and if they were that slow why didn't they stop behind me and let me make my u turn first.
1. who is at fault in this accident i haven't called my insurance yet because i was wooried about getting my car fixed first because of liability insurance.
2.If the other party is @ fault will they still send me money if my car is fixed by my body shop .
3.Is my friend in any kind of trouble because police took all his information ?
4. the other party in there statement said that they were 30 to 35 miles an hour but i think they were way more than that cause i never saw them 2 the first point and if they were that slow why didn't they stop behind me and let me make my u turn first.
Posted: Sun Feb 24, 2008 04:44 pm Post Subject:
From what you describe, you would be at fault for making right as the other vehicle was approaching. You looked and did not see the other vehicle... but it was there. You were pulled over on the side of the road so the other party was simply going to pass your stopped vehicle. Right as they were going to pass, you pulled out hit their vehicle.
If you were not cited, consider that a break.
If you don't have collision coverage, no one else will pay for the repairs to your vehicle.
If your making a u-turn in the middle of the road (instead of making a left turn at a light or making a right turn onto another road, etc., then you have the duty to make sure your turn is safe. That is, that no traffic is approaching. If you _choose_ to stop in a hill where your view is limited, then it's not safe. The other party did not get to choose where you were making the u-turn.
As far as their speed... if you can show that they were traveling at a high rate of speed and this made a difference, then they would be partially at fault. I don't think that is going to happen.
I'm not trying to hit a person when they are down but it sounds like you are one of those people who put their seat so far back, you basically in the back seat while driving. Not a good idea as this does not allow you to react as quickly or see as well while operating the vehicle.
The police took your friends information as he was a passenger in your vehicle but also probably because the other party thought he was driving. Better to have his info listed in case it's found out later that he was driving.
Posted: Mon Feb 25, 2008 06:38 am Post Subject:
Hey Puneet, in some states making u-turn when its not reasonably safe is illegal. If your are about to make a u-turn it's your responsibility to check for all the coming vehicles and their respective speed. You simply can't decide to take a turn without ensuring the safety. IMO, you are in fact lucky not to sustain any major damage.
Posted: Mon Feb 25, 2008 07:33 am Post Subject:
I wud recommend that you inform your insurer and tell them your version of the story. The liability of the accident is likely to fall on you as the CA laws have some dos and don'ts regarding u-turns. Its actually illegal to make the u-trun on a narrow hilly bend where your vision is barred and you can't clearly see the other vehicles coming from-a-length. Regarding the damages sustained by your vehicle....you may get entitled for partial recovery if your states 'comparative negligence law' establishes a percentage of negligence on the other driver. Wishing you luck and do keep us posted with the developments.
Posted: Thu May 08, 2008 01:08 pm Post Subject:
I was in an accident. i was told that it was .60 my fault and .40 the other person's fault. I have bodily injury insurance. Am I eligible for bodily injury through my insurance company
Posted: Thu May 08, 2008 01:11 pm Post Subject:
Am I eligible for bodily injury through my insurance company
No, but if your state is 'pure' comparative negligence then you are entitled to 40% from the other carrier.Add your comment