I was in a downtown area during lunch hour leaving a parallel space. The road I was in was one way, with bumper to bumper traffic. I allowed the car right next to me to pass, had my turning signal on, saw a pickup in my sideview mirror about 15 ft. back, inched out to see if he was going to let me go (he didn't honk or speed up) and at noticing his slow speed I proceeded to exit. I got my car half way out when he hit my left side rear door. I messed up by not calling the cops, but i got his insurance info. However, he told his insurance he was not at fault (he told me he cldn't see me and that i just snuck out).
A) I drive a low car, and he was in a pickup, and so I'm sure he was idling and didn't notice me, which from a non-legal point of view is plain his fault. However, legally, I'm not sure what a cop would have told us.
B) Should I fight this? I haven't made a claim with my insurance yet. (Florida).
Thanks
C)
2007-02-06 02:18:52 · 9 answers · asked by skilo1557 1 in Cars & Transportation ➔ Insurance & Registration
There is NO WAY.. i repeat.. NO WAY his insurance will pay for your damages. You can't just ASSUME that a vehicle is going to let you enter the roadway... it was your job to yield to oncoming traffic.. you had the greater duty to yield... you are at fault for this accident. I would let your insurance be aware of the situation b/c his insurance is going to try to recover their money for damages they paid out.
2007-02-06 03:36:38 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Speed is not an issue in your case. In all States of which I am aware, the Traffic Laws vary very little. Whether pulling out of a parking space, pulling out of a driveway, or pulling out at an intersection, the driver must yield to oncoming traffic. Reporting it to the insurance company, they will pay anything over the deductible. If the insured is not at fault, sometimes they will "go after" the other driver for what they put out. You would have to do the same for deductible recovery. With the other person being at fault, they would have to pay not only your deductible, but court costs as well. If the police were called, make sure you have a copy of the police report.
2016-05-23 23:25:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
As others have noted, contact your insurance company and let them know about the accident.
The driver of the truck had the right-of-way. Assuming he files a claim with his insurance company, they will be contacting you to seek reimbursement for the money they spent on fixing his truck. This will not be a "friendly reminder", either. It will probably be by mail and in a threatening tone, so just get it out of the way and let your insurance company know what happened.
Without a police report or "disinterested" witnesses, the two adjusters (for your car and the other person's truck) will compare your account of the accident with the account of the driver of the truck. They will also take into consideration the damaged areas of each vehicle when deciding blame, but bottom line is you had a duty to look out for other vehicles. The driver of the truck had "control" of the road when you pulled out in front of him.
2007-02-06 06:47:13 · answer #3 · answered by ? 1 · 0⤊ 0⤋
Yes, call your insurance company- that's what you have them for. It's going to be his word against your word, but let them fight it out. The police really should have been called, because a lot of times the insurance companies wait for the report. Police most of the time don't assign fault, they just leave it to the insurance companies. If you have full coverage, the insurance will pay for your car regardless. I was rear ended turning into a driveway by someone who decided to pass me on a double yellow line and was speeding. He didn't get a ticket- but the insurance company said it was his fault.
2007-02-06 02:30:14 · answer #4 · answered by live75 3 · 0⤊ 0⤋
Yep, you are at fault. Never assume another driver sees you or knows what you are doing. If you pulled out of a parking space into oncoming traffic (ie. the right of way), you are at fault.
2007-02-06 04:57:54 · answer #5 · answered by kw13815 4 · 0⤊ 0⤋
thats a hard one , but in the eyes of the law i beleive they would look at it as u pulled out in unsafe manner into on coming traffic , to bad he didnt hit the rear of ur car and he would be at fault. im sorry but i think the courts would find u at fault . may not seem fair but i think thats how they would see it good luck
2007-02-06 02:31:22 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If you didn't call the police for a report to give to the insurance then the insurance won't take it, on either side.
2007-02-06 02:25:53 · answer #7 · answered by Pinkerton 3 · 0⤊ 0⤋
i think they would find you at fault for the accident. You had the responsibility to make sure it was safe to enter the road.
2007-02-06 02:59:26 · answer #8 · answered by blb 5 · 0⤊ 0⤋
......... both, driving is not how to steer and change lanes .......... it is how to avoid an idiot on the road ...... there are plenty all around ..... good luck in recognizing them and avoiding them.
2007-02-06 02:27:14 · answer #9 · answered by spaceman 5 · 0⤊ 0⤋