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    wolflady1948's Avatar
    wolflady1948 Posts: 4, Reputation: 1
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    #1

    Sep 26, 2009, 06:06 AM
    Whose fault
    I was behind a car that was driving along the middle yellow line, he slowed down and put on his left turn signal, I moved to the right and started to pass, he then pulled over abruptly and attempted to make a right turn and hit me in the front corner of my suv, his right passenger side got pretty mangled, we both pulled to the side of the road and when the cops came, the other driver insisted he had his rihgt blinker on and was trying to make a right turn and I cut him off, he had a witness who was in the passenger seat and they were both teens, I am disabled and have a speech impediment and sound like I am dirnking and the cop even asked me about that, obviously the kid in the car thought the sane and I want to prove that the kid was in the wrong, how do I do this and who was in the right, shouldn't a person turning right be as close to the right side of the road before he is in the middle of the road turning?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Sep 26, 2009, 06:11 AM
    Hello w:

    Sounds to me like HE was at fault for unsafe lane change. EVEN if you did cut him off and even if he HAD his blinker on, he can't change lanes until it was clear. YOU were there. It WASN'T clear.

    His fault.

    But, I want to know what is happening? Did you get a ticket? Is your insurance company giving you grief? Did you get HIS insurance info?

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 26, 2009, 06:16 AM

    How many lanes was there.
    Did he have a left blinker on and turned right ?

    Were you in a real lane or did you try and pass on the side of the road ( that is not legal and puts you partially at fault)

    But how do you prove it? Do you have any witnesses, it will be your word against his as to what happened.
    So you go to court plead not guilty and hope the other person is not there to testify against you.

    If you are found not guilty in court, inform your insurance company of that
    weyikin1's Avatar
    weyikin1 Posts: 1, Reputation: 1
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    #4

    Sep 26, 2009, 06:20 AM
    2 lanes, yes he did have the left blinker and then turned right but he denies this said he had the right blinker on instead, i was behind him in the lane and i pulled over to the breakdown lane to pass him on the right, no, i didn't have anyone with me and no-one stopped as witnesses, the driver of the other car had his girlfriend with him who was his witness.
    wolflady1948's Avatar
    wolflady1948 Posts: 4, Reputation: 1
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    #5

    Sep 26, 2009, 06:31 AM
    Quote Originally Posted by excon View Post
    Hello w:

    Sounds to me like HE was at fault for unsafe lane change. EVEN if you did cut him off and even if he HAD his blinker on, he can't change lanes until it was clear. YOU were there. It WASN'T clear.

    His fault.

    But, I wanna know what is happening? Did you get a ticket? Is your insurance company giving you grief? Did you get HIS insurance info?

    excon
    Didn't get a ticket, but the cop said to let the insuracne companies handle it, but looking at the police report it sounds like they are in agrreance with the other dirver as he had a witness and denied the left blinker, I told my insurance compnany not to pay till its looked into better, yes I did get his insurance info also
    wolflady1948's Avatar
    wolflady1948 Posts: 4, Reputation: 1
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    #6

    Sep 26, 2009, 06:46 AM
    Quote Originally Posted by excon View Post
    Hello w:

    Sounds to me like HE was at fault for unsafe lane change. EVEN if you did cut him off and even if he HAD his blinker on, he can't change lanes until it was clear. YOU were there. It WASN'T clear.

    His fault.

    But, I wanna know what is happening? Did you get a ticket? Is your insurance company giving you grief? Did you get HIS insurance info?

    excon
    Didn't get the ticket and my insurance coapny say to to pay because he has a witness, I have his insurance info and also got the police report myself, sounds like the cop was agrreing with the kid, there was only the 2 lanes and I had pulled over to the far right to pass him and keep going.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Sep 26, 2009, 06:51 AM
    Hello again, w:

    You were NOT in a lane, so the other driver didn't illegally change "lanes". IF he was turning right, and you came upon him out of the lane that isn't supposed to have cars traveling in it, YOU are at fault for the accident.

    excon
    wolflady1948's Avatar
    wolflady1948 Posts: 4, Reputation: 1
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    #8

    Sep 26, 2009, 06:56 AM
    Quote Originally Posted by excon View Post
    Hello again, w:

    You were NOT in a lane, so the other driver didn't illegally change "lanes". IF he was turning right, and you came upon him out of the lane that isn't supposed to have cars traveling in it, YOU are at fault for the accident.

    excon
    So, what you are telling me then, is that I should just let the insurance company pay this person? Everyone passes on the right to save time don't they?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Sep 26, 2009, 07:03 AM
    Quote Originally Posted by wolflady1948 View Post
    Everyone passes on the right to save time dont they?
    Hello again, w:

    Sure they do... But, they risk the very thing that happened to you. You cannot travel in a lane that isn't designed for traveling, even if it DOES save time.

    excon

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