got in an accident today video inside
11-21-2008, 04:42 PM
#122
Some people have mentioned that he may have been going "too fast" for the turning lane. Assuming that he was not exceeding the posted speed limit on that stretch of road, which is what he is claiming, then I don't believe he could be punished for going "too fast" in the turning lane. That's obviously a subjective claim. Whether he wants to slow down 100 feet or 150 or 200 feet before the turn, that's his choice. There is no rule about how much distance you must leave to slow down for a stop light or turn. He wasn't doing anything reckless at the time of the accident. I also believe he absolutely did the right thing by not swerving into the oncoming lane. He probably would have gotten hit anyway, and then he would have been a sitting duck in the oncoming traffic, or seriously injured when his car nosedives into the ditch off the side of the road. Good instincts sacrificing your front passenger side of the car before yourself or someone in the other lane. Good luck with your battle - don't give in, this is a black and white case.
11-21-2008, 06:51 PM
#123
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that was not your fault, and they should fix your car hopefully you showed the insurance company the video you made
i would be upset if the insurance company of the suv didnt pay up for the hit.
i would be upset if the insurance company of the suv didnt pay up for the hit.
12-14-2008, 11:45 PM
#128
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As so many others have said, you do not appear to be at fault.
Any vehicle entering a road must yield the right of way to all traffic on said road. I would need to see the intersection, but a left turn may not even be allowed where they were turning.
If the driver of the car in the right lane let him out, they may be partially liable, but as far as fault lies between the two cars involved, the other driver is definitely at fault for failing to yield the right of way.
Any vehicle entering a road must yield the right of way to all traffic on said road. I would need to see the intersection, but a left turn may not even be allowed where they were turning.
If the driver of the car in the right lane let him out, they may be partially liable, but as far as fault lies between the two cars involved, the other driver is definitely at fault for failing to yield the right of way.
12-14-2008, 11:58 PM
#129
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dude you can also make the case that he was crossing a double yellow line which is illegal...if anything thats what he should be cited for...in addition to hitting your car he was making an illegal move
12-14-2008, 11:59 PM
#130
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One more thing, from watching the video, I could see the Expedition starting out as you had just moved into the left turn lane. IMO, you had time to slow down and anticipate what was already happening, and even had time to react once the Expedition was pulling out into your lane from the right lane. Yes, the other driver is at fault for failing to yield the right of way, but a lesson learned would be to anticipate the other drivers actions as you moved into the left turn lane, and work on reacting faster.
I'm not fussing, just trying to give some helpful advice. While I am in no way perfect, nor is anyone, I try to drive like everyone is out to kill me at any second. I always scan every intersection as I approach, looking both ways, even if I have a green light, and I watch every car that is waiting to pull out, and get ready to react if they do, already planning an avenue of escape, or braking if time permits, when they do.
After doing this for a while, it will become second nature, but never let your guard down.
Your accident could have been avoided, and I am sure that is the defense the at fault driver's insurance will try to use against you, even though it is pathetic, imo. Right of way is on your side, just look out in the future, so you may avoid drivers like this.
I'm not fussing, just trying to give some helpful advice. While I am in no way perfect, nor is anyone, I try to drive like everyone is out to kill me at any second. I always scan every intersection as I approach, looking both ways, even if I have a green light, and I watch every car that is waiting to pull out, and get ready to react if they do, already planning an avenue of escape, or braking if time permits, when they do.
After doing this for a while, it will become second nature, but never let your guard down.
Your accident could have been avoided, and I am sure that is the defense the at fault driver's insurance will try to use against you, even though it is pathetic, imo. Right of way is on your side, just look out in the future, so you may avoid drivers like this.
Last edited by VeeTec; 12-15-2008 at 12:06 AM.
12-15-2008, 09:49 AM
#132
Man from everything you have said, you need to let the insurance handle it for you. That is why you pay them. The fact that you have video and nothing is happening any faster, says to me that your insurance company SUCKS and as soon as everything is settled you need to find another. I would let them know this too. You should tell them (or in this case restate the obvious): You have conclusive evidence that you did nothing wrong, and are not at fault. You should not be out your deductible, and they should be on top of it for you. If they don't get this resolved quickly, you are seriously going to start searching for another insurance company who will work for you.
12-15-2008, 10:21 AM
#133
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I hope the camera works out for you in court cause about a month ago I went and acquired about putting a dash cam in my car from a company called SpyTechNO.com that is here locally and they told me that if i ever got in an accident and the camera ever caught it on video that a lot of the times they won't accept it. Don't know on what grounds that it wouldn't be accepted but that is what i was told. . .anyone have any ideas why a video might not be good enough for evidence. . .I hope it's different in your state cause that camera view doesn't look distorted in any way at all. . .good luck. . .
Vandy, that is a great point. . .sounds like he is getting ripped off by both Ins. companies. . .(even though he would be getting it back after all is said and done)
Vandy, that is a great point. . .sounds like he is getting ripped off by both Ins. companies. . .(even though he would be getting it back after all is said and done)
Last edited by 504Z07; 12-15-2008 at 10:24 AM.
12-15-2008, 05:07 PM
#134
One more thing, from watching the video, I could see the Expedition starting out as you had just moved into the left turn lane. IMO, you had time to slow down and anticipate what was already happening, and even had time to react once the Expedition was pulling out into your lane from the right lane. Yes, the other driver is at fault for failing to yield the right of way, but a lesson learned would be to anticipate the other drivers actions as you moved into the left turn lane, and work on reacting faster.
Having said that, I think you could have pretty easily avoided the accident simply by being more aware of your surroundings and expecting the unexpected. You were coming up along that line of cars way too fast. It may not have been "illegal" fast, but definitely faster than what is prudent. I'm old. I've had lots of experiences which have taught me that Murphy is alive and well on the roadways.
01-05-2009, 12:02 PM
#136
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Its not your fault, but the most important thing is " What does the police report say"
01-05-2009, 01:08 PM
#137
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Sorry for what happened. Its Very similar to what happened once to me. A 16 yr old girl with a provisional license came out the same way and it is very hard to avoid that without endangering yourself from swerving into the oncoming lanes. She hit my car and scratched the whole side including my Track wheel. She tried to blame it on me but i stayed firm. Finally, after a few meetings, she did not want this to go through her insurance otherwise she could lose her licence. I went straight to nissan, got a quote and she payed $12,000.00 approx in damages, including $2600 for brand new wheel! No way she could have won that in court, video or no video. Do not fork out any money, you probably wont get it back just let the process go through and get a quote from nissan. Good luck.
