Car Accident Help

[heylookitskarl]

Please tell me what you think...

Last week I got into a car accident. I was making a right at a light (green) and the other guy was making a left (so I had right of way). I was making the right turn into MY lane and he comes in and avoids the lane he is supposed to be in and tries to get into my lane but hits the front driver's side bumper.

Police Report:


And in the Police Report (shown above) it says that I did not see the guy, which is also true but I had to look right to make sure that no one was crossing the crosswalk.
Now legally I had the right of way, but my father is telling me that we are both at fault because of what it says in the police report.

I have to talk to the liability adjuster tomorrow for the other dudes insurance company, but what do I say to put more of the blame on the other guy?

Any Help would be appreciated!

[Andy M.]

Re: Car Accident Help

Who got to the intersection first? If the light was green as you approached the intersection, as to say that you were not stopped before turning, then it is both of your fault. If you were both stopped before making the turn, then I would say he was at fault.

[BillE]

Re: Car Accident Help

Confused...the report says car #2 did not see car #1 making the turn. But the report also states that car #1 was making a right turn...wasn't car #1 you? So just looking at that car #2 was at fault for not seeing you.

But, if car #1 was turning on 'the red' whereas if car #2 had a 'green arrow'...car #1 would be at fault.

If both vehicles had a 'green', the turning vehicles are to remain in their respective lanes...that would make car #2 at fault.

Bill

[heylookitskarl]

Re: Car Accident Help

Who got to the intersection first? If the light was green as you approached the intersection, as to say that you were not stopped before turning, then it is both of your fault. If you were both stopped before making the turn, then I would say he was at fault.

There was a line of cars going straight ahead of me and I was the only one making the right turn in that line, I was about the 3rd car back

Confused...the report says car #2 did not see car #1 making the turn. But the report also states that car #1 was making a right turn...wasn't car #1 you? So just looking at that car #2 was at fault for not seeing you.

But, if car #1 was turning on 'the red' whereas if car #2 had a 'green arrow'...car #1 would be at fault.

If both vehicles had a 'green', the turning vehicles are to remain in their respective lanes...that would make car #2 at fault.

Bill

I am car #2, I was making the right turn and he (car #1) was making the left turn

[Wheelzntoys]

Re: Car Accident Help

Report shows car#1 making right turn.

[Erik Mejia]

Re: Car Accident Help

In this report and diagram your car is listed as Vehicle-1. It shows you were negotiating a right hand (westbound) turn when Vehicle-2 collided with you. Vehicle-2 is shown making a left (westbound) turn.

In this case I would say that Vehicle-2 (Not You) is at fault for attempting to make an unsafe left turn. In California this would be a violation of the following vehicular code section:

Left-Turn or U-Turn

21801. (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.

The above violation would likely be noted as the primary collision factor. The only way this would change is if you had a red light, or are advised to yield before making a right turn by any other type of traffic control. Be aware that your state's laws may differ. Be descriptive when speaking with your claims adjuster. Good Luck.

[greg0303]

Re: Car Accident Help

Based on the crash description: you're Vehicle #1 (right turn), the other person is Vehicle #2 (left turn).
As mentioned above, as long as you were not making a right turn on a red light (in that case Vehicle #2 would have had a green arrow), Vehicle #2 (the other person) had your Vehicle #1 to its right and suppose to give you way.

Police report works in your favor saying: "DRIVER VEHICLE #2 STATED HE DID NOT SEE VEHICLE #1 MAKING THE TURN". That's like admitting a fault. Vehicle #2 (the other person) should be at fault of this accident.

[heylookitskarl]

Re: Car Accident Help

Oh snap! sorry I am vehicle numero uno (#1)!
This has got my nerves so wracked up lol

Based on the crash description: you're Vehicle #1 (right turn), the other person is Vehicle #2 (left turn).
As mentioned above, as long as you were not making a right turn on a red light (in that case Vehicle #2 would have had a green arrow), Vehicle #2 (the other person) had your Vehicle #1 to its right and suppose to give you way.

Police report works in your favor saying: "DRIVER VEHICLE #2 STATED HE DID NOT SEE VEHICLE #1 MAKING THE TURN". That's like admitting a fault. Vehicle #2 (the other person) should be at fault of this accident.

Sweet I did not see that before, thanks for you're help

[greg0303]

Re: Car Accident Help

Sweet I did not see that before, thanks for you're help

I hope the other guy's insurance won't try to make you guilty of this collision at all.
Stay with the other driver's statement of not seeing you. That's definitely a fault because he should have given you way.

Good luck !!!

[heylookitskarl]

Re: Car Accident Help

I hope the other guy's insurance won't try to make you guilty of this collision at all.
Stay with the other driver's statement of not seeing you. That's definitely a fault because he should have given you way.

Good luck !!!

Yea his insurance company was Geico, I hear they try to nickel and dime people.
When I speak with the claims adjuster I'm probably going to say something simple, like: "I was making a right turn, then he came into my lane"
something short and simple

[Deaner5]

Re: Car Accident Help

I don't understand how nearly 95% of people can't turn into the first drivable lane. I sometimes wish police officers would just hang out at intersections and ticket for these violations (I know if I was an officer I would be tempted to).

Hope everything works out. Not sure about too many other states, but Minnesota is a no-fault state when it comes to accidents, which I'm not sure if that's a good thing or a bad thing.

[heylookitskarl]

Re: Car Accident Help

Yea its a simple rule, if you can't follow it, don't drive... but for some people it really is that difficult :P

[heylookitskarl]

Re: Car Accident Help

Update:

The other driver is 85% at fault for the accident, mainly because I did not look left when I was making a right turn... stupid but thats pretty much how it went down. I tried to push for him getting 90% but hey I'm still fine with 85

[Detailing by M]

Re: Car Accident Help

it doesn't matter if you didn't see him or not
YOU HAD THE RIGHT OF WAY, PERIOD.
I can't stand these people who don't yeld.
What if you weren't turning?
That's why you had the right of way.
punch him in the face, jk, in the stomic so it doesn't leave a mark.

[heylookitskarl]

Re: Car Accident Help

it doesn't matter if you didn't see him or not
YOU HAD THE RIGHT OF WAY, PERIOD.
I can't stand these people who don't yeld.
What if you weren't turning?
That's why you had the right of way.
punch him in the face, jk, in the stomic so it doesn't leave a mark.

I completely agree with you! during the recordings I did I stressed the fact that I had the right of way, but the insurance companies have their own way of dealing with **** like this.
Is it unfair? Hell yea it is!
I did nothing wrong as a driver but I still in some way get penalized