Accident Question

[ThinkingBMW]

This has nothing to do with BMWs, but I'm hoping some of you might be able to help with a question on "degree of fault" in an accident scenario....

My daughter got into an accident this week. She was on a two-lane road (meaning both lanes going in the same direction) in front of her Junior College attempting to turn into the parking area. There are two entrances to the parking area; both on the right. The first entrance was blocked by another car, so she descided to go into the left lane to get around the car and enter via the next entrance.

In her rearview mirror, she saw a car coming up behind her in the right lane. She checked her driver-side mirror for traffic to her left and there was none. As she was mid-turn into the left lane, the car behind her made an abrupt lane change from the right to the left lane and plowed into her (at a great speed, according to her). The car continued past her and into the second entrance to the parking area, where it stopped. There was no police report or any witnesses.

They exchanged license and insurance information. The insurance information he gave her was phoney, but my insurance co was able to get the correct information from the DMV.

Any ideas on who is at fault here? Anyone with similar experiences? No doubt both drivers are at fault, but who do you think would be *most* at fault? We live in CA.

Thanks.

 

[Bmw 325i 7803]

He seems to be of fault, and I would get after him for the fraudulant information...

A major road problem today is the "drivers" recently aquired inability to anticipate safety hazards or keep his/her eyes on the road, that and drivers who make left turns at random from the rightlane, with no regard for the speeding car on the left.

 

[ThinkingBMW]

A major road problem today is the "drivers" recently aquired inability to anticipate safety hazards or keep his/her eyes on the road, that and drivers who make left turns at random from the rightlane, with no regard for the speeding car on the left. [/B]

Ain't that the truth! These types of accidents must happen many times each day. That's why I figured there would be someone on the forum with first-hand experience with a similar accident.

 

[Bimmerlife]

Ok so let me tell you my case. I was traveling on PCH which is 2 lane each direction. I was going around the speed limit which was 45 mph. I was entering a small intersection without traffic light. However on the cross street there are stop signs and a sign RIGHT TURN ONLY. It was 1:30pm so the traffic was heavy. This stupid lady traveling from North going south on Ocean avenue which is the cross street. She was attempting to turn left, so she pulled right in front of me. I was in the inside lane. She could not make the turn because the traffic was too heavy. Everything was in matter of seconds. I could of see that she don't even look in to the direction where I was coming from. So I push the horn and after that my performance driving skills turned on. So I slowed down with brakes a lot and of course try to go around to the right. However it wasn't enough so I hit her in the left rear quater panel. My car front drivers side. The reason I could not turn more was because there was a vehicle in the right lane next to me in the blind spot. He would of hit me. Well anyways this lady was of course saying that I was going fast. But she was full of $hit. She broke two traffic laws. Fire department came in, police came in, so I have report and also two girls as witnesses. Of course her insurance didn't want to pay the damge for my car. They gave me $3300 and quoted a 70%-30% liability. And the damage is around $9000.

Hell no. why 30% to me?

I called my lawyer and believe it or not it is 13 months and I still didn't get money, but is very close.

She messed up my whole life damaging my car. I spend $18000 for that baby and look how I ended up. But thats life.

I think you should get a lawyer and fight it if you don't get paid or your daughter will have a record. I did it mostly for the record because im driving since I was 13 years old and never had any accidents or traffic violations. (just for one ticket 6 months ago but its clean now[8)] )

Sorry to hear about your daughters accident.

 

[Bimmerlife]

So and here is a picture of my car.

 

[ThinkingBMW]

So and here is a picture of my car.

Ouch! That's painful to see.

I too have experienced more than my fair share of insurance company injustices. I think it's best to go in knowing there's no such thing as "100% justice" when it comes to settling accident issues (or many other disputes, for that matter). However, I'll work hard for another 10%, or so.

 

[Bimmerlife]

Yeah you just have to be strong and don't sattle claim early. I wish you a good luck

 

[Bmw 325i 7803]

Everything was in matter of seconds. I could of see that she don't even look in to the direction where I was coming from. So I push the horn and after that my performance driving skills turned on. So I slowed down with brakes a lot and of course try to go around to the right. However it wasn't enough so I hit her in the left rear quater panel. My car front drivers side. The reason I could not turn more was because there was a vehicle in the right lane next to me in the blind spot. He would of hit me.

Sometimes blowing the horn only costs valuable seconds, I brake first or find a better way out of it, then lay on the horn..... Or lay on the horn after you already mashed the brake pedal, remember you can't expect the "deaf" bad driver to hear or react to it and move out of the way or correct themselves.

Besides having the right of way will provide little comfort when you've wrecked a 35k car on someones POS who doesn't care.

 

[Bimmerlife]

Listen its not like I would of blowing the horn for 5 min. The thing was that I blew the horn when she was pulling from the street to let her know Im coming and than she puled out anyway. I know I saved the persons car which was next to me and I also didn't do that much damage to her car. She was driving a Toyota Previa. My car is not that bad too. No leaks or anything but enough to be towed away. The suspension moved, because the lower control arm bend. What can you do man. It happend so I just have to get another Bimmer so I can have new Life and call myself a Bimmerlife.

Anyway thanks for opinions.

Anybody else have similar experiences?

 

[codex57]

She'll most likely be written down as at fault. Always get a cop. If a cop had been there, he could have helped proportion fault by damage evidence showing the guy was speeding or he hit her at an angle which meant he changed lanes too.

But, without a cop, all that's obvious is that she was turning and got hit. With just that, it means she's at fault.

Your insurance might believe her story since he gave false info, but his insurance (if he has any), will deny it. Most likely, your insurance will just eat it and prolly up your premiums b/c of it.

Sorry.

 

[Bmw 325i 7803]

Listen its not like I would of blowing the horn for 5 min. The thing was that I blew the horn when she was pulling from the street to let her know Im coming and than she puled out anyway. I know I saved the persons car which was next to me and I also didn't do that much damage to her car. She was driving a Toyota Previa. My car is not that bad too. No leaks or anything but enough to be towed away. The suspension moved, because the lower control arm bend. What can you do man. It happend so I just have to get another Bimmer so I can have new Life and call myself a Bimmerlife.

Anyway thanks for opinions.

Anybody else have similar experiences?

Theres the mistake blowing the horn to let her know you were coming, when you see them ready to pull out its hit the brakes time..... Even though you do have the right of way.

Unless this is like a stop sign situation where they stop and you warn them of your presence and as you're right about there they start to move.....

Just adding that because I personally have saved accidents like that (5-10??) by employing that technique.

 

[ThinkingBMW]

The verdict is in...

The fault equation has been determined by my insurance company to be 80/20 (my daughter/other driver, respectively).

It appears that honesty was her downfall here. She admitted to changing lanes and the other guy didn't. Simple as that.

Of course, I'm not bitter...

It's time to look at that thread about M3 insurance rates again.

 

[Rukus]

i livei n Alberta, but i won't dare register my car in Alberta, i Register it in Saskatchewan. Why?

Alberta has private insurance and pretty much is, the more you want to be ripped off, the more you get insurance for. and with private, everything is so vague between isurance campany to insurance company. and hten you have liability and etc... its all no good. Also the price of insurance is horrendous, i never looked into it, but i would NOT be surpised if my car cost $4000/year for insurance. (my brothers 97 suzuki swift was quoted for for $4500/year) In Saskatchwan its jsut under $800/year for my car. Thats CND prices.

In Saskatchewa, its all government owned, and we have this little thing called.. "No Fault" insurance. In an accident, under no fault laws, your auto insurance company will pay for your damages (up to your policy limits), regardless of who was at fault for the accident. Any other drivers involved will be covered by their auto insurance policies.