My 997 got hit. Who's at fault here?
#1
Racer
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Join Date: Sep 2006
Location: Los Angeles, CA
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My 997 got hit. Who's at fault here?
As I was traveling on east-bound on a two-way street (one lane on each side of the road) that has broken center yellow, I made a right turn to go south. As I was making a right turn, a car from behind hit its driver's side left front end into my 997's passenger side rear wheel, the the passenger side door. Sh*t... I just got the 997 early this year and only has 3K on the clock. Luckily, the car is driveable, and it appears that there is no visual damage other than scrapes.
This guy gets out of his car, jumps up & down, and claims that I didn't have my right turn signal. Later I found that he was in a hurry to get gas which was right around the corner.
Who do you think is at fault here? He could potentially say that I was making a right turn from the center lane instead of from the right lane.
Thanks for your opinion
This guy gets out of his car, jumps up & down, and claims that I didn't have my right turn signal. Later I found that he was in a hurry to get gas which was right around the corner.
Who do you think is at fault here? He could potentially say that I was making a right turn from the center lane instead of from the right lane.
Thanks for your opinion
#2
Burning Brakes
This is an easy one....its going to be a he said vs you said lawyer situation. At the end the insurance companies can fight about it while you get your car fixed. Remember, you had your right turn signal on...and for xtra measure you stuck your left arm in a right angle. Usually, the person hit from behind comes out ahead. Don't forget you also had to break for the little kid walking her dog..who unfortunately ran away and you couldn't get her name as a witness.
abe
abe
#3
Drifting
You described it as a 2-lane road with broken center line, then you said he may say you turned from the "center" lane rather than the right lane. I don't understand. Were there 2 lanes on your side of the center line, or one?
If there was one lane on your side of the road, I think you're safe, even if you didn't use your turn signal. The driver behind must drive with sufficient care and attention to safely respond to your actions.
If there was one lane on your side of the road, I think you're safe, even if you didn't use your turn signal. The driver behind must drive with sufficient care and attention to safely respond to your actions.
#4
Poseur
Rennlist Member
Rennlist Member
Did you signal your intention to turn right? Or do what 80% of the lousy drivers do in LA,--and not signal? If hit from behind, it sounds like you have a case.
Last edited by Edgy01; 11-13-2008 at 04:17 AM.
#5
Racer
In California, If you are hit from behind it is almost always the other persons falt. blinker of no blinker. My son was hit from behind while pulling into our driveway. Totally the other guys falt.
#6
Still plays with cars.
Lifetime Rennlist
Member
Hit from behind, you win. Following cars are obliged to keep clear.
#7
I will depend on what damages on your car and his car. If you have pics immediately after (which I think you should) that show the position and damages on both cars, you will will for sure without questions. On the other hands, if you don't, that is yours against his. Don't do any think to your car and don't even drive it until you insurance look at it. You do want to preserve the damage done. Also, doc. and draw out the position of both cars and write out your statement in detail prior to talk to your insurance. Good luck. One last word, the smiliar situation happen to my son last year and you won't beleive what kind of statement the other party will give to the insurance.
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#9
#10
From your description of the scene, it sounds like the other driver may be trying to pass you on the right shoulder, unaware you were going to make a right turn. Otherwise, for a car following behind you, how would his left front-end hit your right passenger rear? That'd lead me to believe perhaps you didn't have your turn signal on? BTW, was there any reason you didn't call the police?
#11
Really... In Idaho, unless you are creating a traffic hazard, you're not supposed to move the cars till an officer arrives. If you leave the scene before the police investigate (unless injured of course) you will be cited for "leaving the scene of an accident".
#12
That is why you should also carry a camera, note pad, and a pen in your car. When that happened, you need to take a lot of pics at the scene, put down all the details including date and time of the accident, evidness name and number. Unless the damage is very clear whose is at fault. Otherwise, it is your words against his.
#13
Burning Brakes
#14
A similar accident happened to one of my trucks in Utah about a year ago. My driver was making a right turn at a stop sign so he was crowding the left line as he was turning. A guy driving a Mercedes he was test driving tried to do a "Utah" right turn inside of my guy, hitting my semi-trailer just in front of the wheels. He tore a chunk out of the aluminum floor of the trailer. I never saw the damage to the Mercedes but my driver said it was extensive. The driver of the Mercedes did try to say it was my drivers fault but the investigator (Utah Highway Patrol) opined otherwise. The other guys insurance tried to get some $$$ out of me but after a month or so called to make me an offer on my losses.
Hope it works out the as well for you.
Hope it works out the as well for you.
#15
A similar accident happened to one of my trucks in Utah about a year ago. My driver was making a right turn at a stop sign so he was crowding the left line as he was turning. A guy driving a Mercedes he was test driving tried to do a "Utah" right turn inside of my guy, hitting my semi-trailer just in front of the wheels. He tore a chunk out of the aluminum floor of the trailer. I never saw the damage to the Mercedes but my driver said it was extensive. The driver of the Mercedes did try to say it was my drivers fault but the investigator (Utah Highway Patrol) opined otherwise. The other guys insurance tried to get some $$$ out of me but after a month or so called to make me an offer on my losses.
Hope it works out the as well for you.
Hope it works out the as well for you.