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I got into a fender bender tonight...


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Also, I thought you weren't supposed to discuss blame when sharing insurance info?

 

We actually didn't share insurance info. I'd never been in an accident before, so I was totally unsure of the procedure. I called my insurance company to see what they wanted me to do, and they told me to wait for the police to show up and make a report.

 

Basically, the other guy told me it was my fault, I told him I understood why he felt that way, but I disagreed. So we waited for the police to show up, take all our information, and write up a report.

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Person 2 is at fault because you should never pass on the the right.

 

That's what I'm thinking, unless there were two lanes, and person 2 switched from the left lane to the right lane, but that doesn't sound like what happened.

 

Also, I thought you weren't supposed to discuss blame when sharing insurance info?

 

You aren't.... that is up to the insurance company to determine. And they don't always agree with the police, although what the police say will come into play. I know this because ds was the only one issued a warning in an accident, but insurance determined it to be 50/50.

 

My guess is the police will find 50/50 fault with this. Person 1 should have used a blinker, but since it is Person 2's responsibility to wait for them to turn either way, I think they will split the fault down the middle.

 

Maybe but I'm thinking person 2 will end up with a higher percentage of the blame.

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We actually didn't share insurance info. I'd never been in an accident before, so I was totally unsure of the procedure. I called my insurance company to see what they wanted me to do, and they told me to wait for the police to show up and make a report.

 

Basically, the other guy told me it was my fault, I told him I understood why he felt that way, but I disagreed. So we waited for the police to show up, take all our information, and write up a report.

 

Did the police get the insurance info from both parties? If you don't have the other parties info, and vice-versa, it will be very hard to proceed until the police report is ready for pick up. Around here, that is 7-10 days minimum.

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4 lane road? Two lanes going same direction? ??? You mean the person in front turning totally went into the left lane before making a right turn??? If they were at all still in the right lane while making a right turn, the person behind would be at fault. Otherwise, the person in the right lane is allowed to go around a person in the left lane. If the person in the left lane turned into the person in the right lane, then the person moving into the right lane (turner) was at fault. Wow, that sounds confusing!:tongue_smilie:

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I know someone who won a small claims case based on a person swinging left to turn right, even though they did have the right blinker on. The judge tore the other person a new one and told them they didn't drive a semi, and had no need to swing out to turn. I don't know if this is different by state.

 

Danielle

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what kind of road? how many lanes? did it have a center lane or a turn lane? or was it just a two-way neighborhood road.

 

Just a neighborhood, two-way road with no markings.

Edited by bonniebeth4
Clarification
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Police don't determine fault here, but mark the contributing factors. Insurance companies duke it out to determine fault. P1 - failure to signal, P2 - improper passing, improper lane usage (assuming P2 was using a shoulder). Insurance company will probably side mostly with P1 (80/20?).

 

Blinkers are there for a reason, but even though 99% of the time the pass is made without incident, it's still not a legal pass.

 

ETA: If it's a residential street, then P1 pulled into the oncoming traffic lane and P2 kept driving down the correct lane? More like 50/50 fault there. I always wait for a wave or a full turn before passing, but then again someone didn't hold up their end of the "wave" once and I got a head full of stitches.

Edited by BarbecueMom
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Did the police get the insurance info from both parties? If you don't have the other parties info, and vice-versa, it will be very hard to proceed until the police report is ready for pick up. Around here, that is 7-10 days minimum.

 

Yes, he took all that info.

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It does sound that person 2 should be mainly blamed BUT

 

my friend was once driving straight on a road with 2 lanes, crossing over an intersection. She was in the right lane and the guy to her left just suddenly decided her needed to make a right onto the street they were crossing over and plowed into her.

 

Their insurance companies decided it was a 50/50 situation because he claimed she was taking a right (which she wasn't and could prove it since she was 5 minutes from a client's house and couldn't get there by taking a right).

 

I was floored. So I think a lack of blinker and moving left to take a right can easily make this into a 50/50 situation to insurances.

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Person 2 was at fault. This person 'guessed' what they thought 1 was doing, passed illegally and hit person 1. Person 2 saw that person 1 was going to turn. They should have waited for person 1 to clear the roadway and then proceeded (obviously cursing the failure of person 1 to use the blinker for at least 30 seconds or so ;) )

 

Person 1 can get a citation for not using the turn signal, but person 2 is the one who actually caused the accident by guessing wrong.

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The police officer said the other driver was at fault, but he wasn't sure if he'd write up a citation for him or not.

 

That really won't matter to insurance. Citations are just about whether or not they have to go to court or pay fines. Insurance will still see the police officer's opinion on what happened, as well as getting both of your stories. You are likely to have to give it to both yours and his. You might want to take a few minutes tonight, while it's still fresh, to write down exactly what you remember.

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Sorry. :grouphug: Sounds like he was at fault, but they may come back and give you part of the blame for not using a signal. But, maybe not. Maybe they'll blame him since I'm thinking he shouldn't have been trying to pass on that street. At least the hive has come back firmly on your side!!

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