Got Hit Today, Not Sure how to Handle, Please Help!

[Jdavidson015]

He hit you on the front driver's side? Short of him telling them it was his fault, you are definitely going to be found at fault. It would be one thing if it was in the rear, but there it is clear you were just pulling out.

Yea, that's the problem, that's how it looks, but not how it actually happened

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It's like the saying, you can't judge a book by its cover, or things aren't always as they appear.... Well this is one of those times

 

[VolAgent]

Yea, that's the problem, that's how it looks, but not how it actually happened

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It's like the saying, you can't judge a book by its cover, or things aren't always as they appear.... Well this is one of those times

Actually, this is one of those.

The way we drive is not the way we should be driving.

You were turning onto the roadway. He had the right of way. Unless there was a traffic control device that indicated otherwise, he has the right to proceed in his lane. You should have been more cautious when it was clear the driver was distracted.

I've had a few close calls myself in similar situations. Mainly in turn left from a side street onto a main road. The left lane may be clear, but there is traffic in the center lane. I try to make sure both lanes are clear before turning, but I can't always do that. I know one day someone is going to switch lanes and hit me and I'll be my fault as I was the turning traffic.

 

[Jdavidson015]

Actually, this is one of those.

The way we drive is not the way we should be driving.

You were turning onto the roadway. He had the right of way. Unless there was a traffic control device that indicated otherwise, he has the right to proceed in his lane. You should have been more cautious when it was clear the driver was distracted.

I've had a few close calls myself in similar situations. Mainly in turn left from a side street onto a main road. The left lane may be clear, but there is traffic in the center lane. I try to make sure both lanes are clear before turning, but I can't always do that. I know one day someone is going to switch lanes and hit me and I'll be my fault as I was the turning traffic.

Yes, and I understand that, but the fact is, it was a private, one way road, which he stopped in as if to allow me to exit. When I did, he proceeded and hit me. Which is the whole issue

 

[xrac]

Yes, but you hit him in that instance, he hit me in mine here is a pic of the damage to my car, my paint is scraped forward which also shows he pushed me, and he also hit my wheel well which also in a way shows I was we'll into the road, plus the way the push on the fender is, I was we'll into my turn when it happened. It wasn't like I pulled right out in front of him and it was a "T"

From your description your thinking he was at fault but from a right-of-way issue you are at fault. I think it would be considered to be a failed to yield right of way.

In my situation I think we could both be judged guilty. I suspect that the other driver could be ticketed for stopping at a yield sign if there is no reason to stop if a police officer observed it. In my case I failed to reduce speed to avoid an accident.

 

[Jdavidson015]

From your description from mine and your thinking he was at fault but from a right-of-way issue you are at fault. I think it would be considered to be a failed to yield right of way.

In my situation I think we could both be judged guilty. I suspect that the other driver could be ticketed for stopping at a yield sign if there is no reason to stop if a police officer observed it. In my case I failed to reduce speed to avoid an accident.

Yea that makes sense, but failing to reduce speed to avoid collision, how about him stopping the accelerating into me? Seems like the same thing

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So just to provide an update on the day, I spoke with a few people, one of which said we was talking to someone who saw it, so I left my name and number Incase he sees the guy again, I was not able to find any video evidence or the BMW that pulled out behind me who may have seen it. However I went and spoke to the Boston police department and they told me that the instant the other driver stopped, he gave up is right of way, and that when the adjusters look at the cars, they will see that I have basically all the damage so therefore he hit me, resulting in him being at fault. Now theoretically it can go either way, but I like what the police officer was saying

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Ohh and I plan to continue to look for the BMW next week, I have seen that guy a lot so I'm fairly certain that he goes to my school

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Anyone ever heard of this?

 

[Jdavidson015]

Can someone please answer whether they have ever heard of what the officer told me?

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What he told me is posted above

 

[Norwayguy]

Boy you have the same luck and driving history as a very good poster here on the forum....Has anyone seen Mark Rosenthal on here lately?

To the OP Mark was in 2 very similiar accidents where he hit another driver....What was interesting is he hit the same driver twice.....his father, he said it was an accident I always wondered if it was something subconcious.

 

[djs]

Let me help you out on this.

This is a very minor oops. Its not a big deal, don't sweat it so much.

This is a very, very clear case of you being at fault. You are trying to find a way to make it that you are not, but you are. Yes, you are trying to put a different cover on the book, but the contents stay the same.

Eye witnesses don't matter. They will say you pulled out, the other person hit you. There is already no dispute on this. But that's not the question. The question is, who is at fault. From YOUR OWN description, that is a very easy question to answer.

As an insurance agent, I've heard all sorts of reasons why the accident isn't 'my fault', but in the end, you look for what really caused the accident. In this case, it was pulling out into oncoming traffic. As a driver, you realized he was distracted and should have made some extra allowances. Instead, you got in a hurry.

No big deal. They will not take your birthday away over this minor incident. The sun will still rise tomorrow morning. Life will go on.

Fix your car, fix your house, go on about life.

Dan

 

[xrac]

?........ Fix your car, fix your house, go on about life. Dan

Good advice but what less would I expect from Dan?

 

[Jdavidson015]

So an officer of the Boston police department lied to me? Well isn't that a kick in the balls. Either way, I will still use it as an argument, and i will appeal should they find me at fault, however, I do agree with the cop that the instant he stopped, he gave up right of way, especially on a single lane one way street. I was we'll into the turn when it happened, and the way the damage is proves that, so regardless, I plan to fight with every ounce I can! Stupid ass rule in this situation