View Full Version : Does this sound like an accident to where I'm at fault?
dpayne88
Jun 4, 2010, 02:05 PM
OK I was in an accident like a month ago that got ruled my fault to yield to the other driver. There was only 3 witnesses all saying it was the other cars fault. I was turning left out of a parking lot to get into the middle suicide lane, no cars were coming from the right an traffic was stopped at the light in the lane moving to the right, a truck waved me out saying it was clear an when I pulled out a car from at least 3-4 cars back jumped out into that center lane that was solid yellow with broken yellow lines on the inside. I was hit before my front tires even got to break that line. The white broken lines to turn left wasn't until about 30 yard dwn from where I was hit an the people driving the car won't even talk to the insurance. The car was insured but it wasn't their insurance. Does that sound like it was my fault? Thank you for any help I can get.
JudyKayTee
Jun 4, 2010, 02:43 PM
In NY (I don't know where you are) you are NOT at 100% at fault. You have, of course, an obligation to make SURE that the way is clear when you pull into traffic and apparently you did not do that, although I do understand why you did not.
In NY the car that stopped and WAVED you out (can't just stop, has to wave you out) is partially responsible and the car that was passing illegally (if you have described the road markings correctly) is also responsible.
Insurance goes with the car, not with the driver, so who owned the policy is not important.
Your insurance company should be pursuing them. Often your company will pay for your damages and then go after them, returning your deductible to you.
Of course, a LOT depends on your State. I'm a liability investigator in NY and that is what I am addressing.
dpayne88
Jun 4, 2010, 02:53 PM
I'm in West Virginia. An the guy who waved me out didn't just stop. Traffic was that packed up he stopped so he wasn't blockin the entrance of the church that's y he waved me out don't know if that changes anything. An my insurance is taking care of it but I just wanted some other advice on the situation to make sure I'm not thinking the other car was at fault just cause they said it was my fault an thank you judy k... that helped
JudyKayTee
Jun 4, 2010, 03:58 PM
No, by WAVING you out he took some responsibility for you pulling out -
Did anyone get his name, license plate number?
I still see three parties at fault - the vehicle that waved you out, the vehicle that hit you, you for not making SURE the path was clear. I've had people wave me out and I say, "Thanks, but no thanks" if I cannot see all other lanes of traffic. So you have to sit and wait a while -
I'm interested in how this plays out so please keep posting.
dpayne88
Jun 4, 2010, 05:20 PM
The guy who waved me actually was one of the witnesses so that info should be in the report an thank you for that info ill do that for now on I never thought about that. And I will keep you posted about how it plays out thank you for the help
JudyKayTee
Jun 4, 2010, 06:21 PM
You are, indeed, fortunate - fate just HANDED you a Defendant!
Amazing!
Yes, let me know how this plays out.
Fr_Chuck
Jun 4, 2010, 06:38 PM
Several dual faults, I see you having some partial faults, but from the truck that waved you out, to the other car crossing the solid lines.