TKDmom Posted July 31, 2012 Share Posted July 31, 2012 (edited) Thanks to those who responded. I needed to delete my post now for my own peace of mind. Edited July 31, 2012 by bonniebeth4 Quote Link to comment Share on other sites More sharing options...
FairProspects Posted July 31, 2012 Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
Scrub Jay Posted July 31, 2012 Share Posted July 31, 2012 Sounds like both were at fault. Also, I thought you weren't supposed to discuss blame when sharing insurance info? Quote Link to comment Share on other sites More sharing options...
4kiddies Posted July 31, 2012 Share Posted July 31, 2012 Person 2 is at fault because you should never pass on the the right. Quote Link to comment Share on other sites More sharing options...
Slartibartfast Posted July 31, 2012 Share Posted July 31, 2012 The person passing is at fault. Was this residential? Something similar happened to my cousin (though a turn signal disagreement was not involved) it was found to be 50/50 but only because she was turning left and in that state if someone is turning left it is always 50/50. Quote Link to comment Share on other sites More sharing options...
Karen in CO Posted July 31, 2012 Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
Forget-Me-Not Posted July 31, 2012 Share Posted July 31, 2012 P2 is clearly at fault IMO. Quote Link to comment Share on other sites More sharing options...
TKDmom Posted July 31, 2012 Author Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted July 31, 2012 Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
Wendi Posted July 31, 2012 Share Posted July 31, 2012 Person 2 sounds most at fault, as you shouldn't pass on the right; he/she should have waited for Person 1 to complete their (presumed left) turn. Wendi Quote Link to comment Share on other sites More sharing options...
QueenCat Posted July 31, 2012 Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
Mrs Mungo Posted July 31, 2012 Share Posted July 31, 2012 I feel that person 2 is mostly at fault for passing in a residential area. Person 1 might share a little blame for lack of turn signal. Quote Link to comment Share on other sites More sharing options...
Lolly Posted July 31, 2012 Share Posted July 31, 2012 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: Quote Link to comment Share on other sites More sharing options...
Ohdanigirl Posted July 31, 2012 Share Posted July 31, 2012 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 Quote Link to comment Share on other sites More sharing options...
TKDmom Posted July 31, 2012 Author Share Posted July 31, 2012 (edited) 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 July 31, 2012 by bonniebeth4 Clarification Quote Link to comment Share on other sites More sharing options...
BarbecueMom Posted July 31, 2012 Share Posted July 31, 2012 (edited) 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 July 31, 2012 by BarbecueMom Quote Link to comment Share on other sites More sharing options...
TKDmom Posted July 31, 2012 Author Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted July 31, 2012 Share Posted July 31, 2012 Just a neighborhood, two-lane road with no markings. In that case, I would say that Person #2 was the most at fault. Person #1 might be a little bit, but not much, imho. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted July 31, 2012 Share Posted July 31, 2012 Yes, he took all that info. Did he give it to you, or do you have to wait for the police report to get it? Quote Link to comment Share on other sites More sharing options...
TKDmom Posted July 31, 2012 Author Share Posted July 31, 2012 Did he give it to you, or do you have to wait for the police report to get it? I have to wait for the police report to get it, but I'm not particularly concerned. The damage to my car was minimal. Quote Link to comment Share on other sites More sharing options...
Lolly Posted July 31, 2012 Share Posted July 31, 2012 Just a neighborhood, two-way road with no markings. Totally changes my answer. Person two is at fault. They should never have tried to pass, especially on the right! Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted July 31, 2012 Share Posted July 31, 2012 P2 was impatient and should be found at fault. There is no reason someone can't wait for a car to pull into a driveway before trying to pass. Quote Link to comment Share on other sites More sharing options...
Scrub Jay Posted July 31, 2012 Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
besroma Posted July 31, 2012 Share Posted July 31, 2012 I agree...I think person 2 is at fault. Quote Link to comment Share on other sites More sharing options...
Tap Posted July 31, 2012 Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
mchel210 Posted July 31, 2012 Share Posted July 31, 2012 yes..person 2 is at fault...no passing on right. Quote Link to comment Share on other sites More sharing options...
Mom22ns Posted July 31, 2012 Share Posted July 31, 2012 Person 2 is at fault because you should never pass on the the right. :iagree: Quote Link to comment Share on other sites More sharing options...
Element Posted July 31, 2012 Share Posted July 31, 2012 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. :iagree: Quote Link to comment Share on other sites More sharing options...
TKDmom Posted July 31, 2012 Author Share Posted July 31, 2012 (edited) Thanks everyone, for your responses. <deleted> I'm going to go watch gymnastics now.... Edited July 31, 2012 by bonniebeth4 Quote Link to comment Share on other sites More sharing options...
QueenCat Posted July 31, 2012 Share Posted July 31, 2012 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. Quote Link to comment Share on other sites More sharing options...
Anne Posted July 31, 2012 Share Posted July 31, 2012 :iagree: Anne Quote Link to comment Share on other sites More sharing options...
ThisIsTheDay Posted July 31, 2012 Share Posted July 31, 2012 P2 is at fault. They're not supposed to follow close enough to hit the person in front of them, no matter what that person is doing, nor should they pass on the right. The police may give neither a ticket though. P1 should have had on a turn signal. Quote Link to comment Share on other sites More sharing options...
Unicorn. Posted July 31, 2012 Share Posted July 31, 2012 The person passing was at fault, although person one contributed to the accident by not using a blinker. Quote Link to comment Share on other sites More sharing options...
brownie Posted July 31, 2012 Share Posted July 31, 2012 In our state, if you rear end someone it is your fault no matter what. However, if he hit you forward of the halfway point on your car, it wouldn't count as a rear end. In that case I don't think the rule would apply. Brownie Quote Link to comment Share on other sites More sharing options...
Shellydon Posted July 31, 2012 Share Posted July 31, 2012 Person 2 is at fault. You stop and wait for the turn to be completed. Quote Link to comment Share on other sites More sharing options...
praisefor3 Posted July 31, 2012 Share Posted July 31, 2012 Person 2 is at fault because you should never pass on the the right. Yep. Absolutely. Quote Link to comment Share on other sites More sharing options...
staceyobu Posted July 31, 2012 Share Posted July 31, 2012 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!! Quote Link to comment Share on other sites More sharing options...
sourpatchbaby Posted July 31, 2012 Share Posted July 31, 2012 I had someone rear end me and later try to blame me for it (police didn't come because it was in a parking lot :glare:) but since I had called my insurance company right away and filed a claim through them, they were found at fault and their insurance paid to fix my car. Quote Link to comment Share on other sites More sharing options...
Based on Faith Academy Posted July 31, 2012 Share Posted July 31, 2012 Person 2 is at fault because you should never pass on the the right. :iagree: Quote Link to comment Share on other sites More sharing options...
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