who's at fault?

by Guest » Mon Apr 20, 2009 10:45 am
Guest

I was heading straight southbound in the right lane, the light was green as I approached the intersection. I spotted a car in the northbound left turn lane making a left turn. There were cars in the southbound left turn lane waiting to make left turns. I stepped on my brake to try to avoid him, but there wasn't adequate time nor space for me to avoid hitting the vehicle making the left turn. When I hit the other car's passenger-side back panel right by his rear tire, the light had just turned yellow. Who is at fault?

Total Comments: 6

Posted: Mon Apr 20, 2009 10:44 am Post Subject:

You are saying your light was green when you entered the intersection? And yellow on impact? What was his light? I'm assuming he had solid green? but yeild to oncoming traffic on solid green (not green arrow)? The fact that you hit him in the rear of his vehicle tells that he was nearly thru the intersection, however if his light was soild green he has to yeild to you if you have green as well...hmmmmmm i'd say if you could PROVE that you entered the intersection on a green....he would be at fault (turning left without yielding to oncoming traffic)..If you cannot PROVE you had a green when entering then you maybe found the majority at fault, since he clearly had control of the entersection before you got there.

Posted: Sun Apr 26, 2009 10:50 pm Post Subject:

He had a solid green when he started his turn because I had a solid green as I approached the intersection and the light did not turn yellow until POI. This intersection has no turn arrows. It's a yield at this intersection. There were no witnesses to the accident so it's his work against mine. I just got a copy of a letter from the other guy's insurance company and he is saying I made an abrupt lane change from the southbound left lane to the southbound right lane, ran a red and hit him. I was NEVER in the southbound left lane. I was ALWAYS in the southbound right lane going straight. Also, the guy was driving a Camry, but the letter says he was driving a Corolla. I'm calling my claims adjuster tomorrow to talk to her. I wish insurance companies could use lie detectors when taking statements. The other guy is totally lying. How can he see me make a lane change when I was never in that lane?

Posted: Mon Apr 27, 2009 09:23 am Post Subject:

Well, its not important whether he had seen you making the lane change or not since he has decided to lie to the insurer. You should immediately call up your adjuster and let him know your version. No witness at the spot of accident has made the situation little difficult for you. But from the point of impact it seems that could be at fault.

Anyway, you should wait for the expert to comment on it. They may successfully suggest you some recourse.

Posted: Mon Apr 27, 2009 10:22 am Post Subject:

I think it would be really hard to determine the fault in this case. From your description it seems you both could be partially at-fault. How can the insurance company’s report state a different car than the one you have hit? I’ve couple of more questions.

Which state are you from? Is it no-fault or a tort state?

Why there is no witness when there was traffic on the southbound road?

Was the police been called? What does the police report state?

Posted: Mon Apr 27, 2009 12:05 pm Post Subject:

He might not even know what his vehicle is the VIN and discription will be on the police report...he can't prove you made any lane changes so don't worry about it, i know he's lying..make sure and stay in touch with your adjuster and give him/her all the info and amo you have to fight this persons version.

Posted: Thu Apr 30, 2009 05:53 pm Post Subject:

From what im reading this is not your fault as he should yield to oncoming traffic.

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