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Someone hit me need advice! Quick PLease!

Old 08-Mar-2009, 09:16 PM
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Someone hit me need advice! Quick PLease!

Here's the situation. Am I partially at fault for this collision?

I was parked on Danforth Ave West Side in the right lane, about 20 ft from Chester Road, with no cars in fron of me.
I started to roll so that I can turn right on Chester. I probably rolled no more than 3 feet when this lady with an SUV, who was in the left lane(danforth has 2 lanes), cut across to my lane and we clipped. She probably thought I was parked. My left side fender and her right side fender collided. I know it's her fault but can I be partially blamed for this.

We agreed to get quotes first and then proceed. I have 3 conviction and 1 at fault collision, and I am paying $375 a month.
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Old 08-Mar-2009, 09:38 PM
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Originally Posted by ellas1945 View Post
Here's the situation. Am I partially at fault for this collision?

I was parked on Danforth Ave West Side in the right lane, about 20 ft from Chester Road, with no cars in fron of me.
I started to roll so that I can turn right on Chester. I probably rolled no more than 3 feet when this lady with an SUV, who was in the left lane(danforth has 2 lanes), cut across to my lane and we clipped. She probably thought I was parked. My left side fender and her right side fender collided. I know it's her fault but can I be partially blamed for this.

We agreed to get quotes first and then proceed. I have 3 conviction and 1 at fault collision, and I am paying $375 a month.
If you're parked, it's your responsibility to determine that the way is clear before you proceed. You would likely be held 100% at fault for this one. Even your best case scenario would have you 50% at fault. Either way, it counts as an at-fault collision against you.
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Old 08-Mar-2009, 09:46 PM
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Yeah I would say that it would be your fault. Hope that the other person is not an a$$ and you can agree to pay for your own damage?
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Old 08-Mar-2009, 09:46 PM
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did you report the collision already? you have her info? report it before she does.
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Old 08-Mar-2009, 10:09 PM
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I think it's Illegal to park 20 feet from an intersection. Must be 30feet or more.

She entered your lane, did she signal? It would be her fault, there are many guides as to how at fault works. There are some in these forums too. With nice pictures. (search)

Report it first.
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Old 08-Mar-2009, 10:11 PM
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Originally Posted by cr8tive_leo View Post
She entered your lane, did she signal? It would be her fault, there are many guides as to how at fault works. There are some in these forums too. With nice pictures. (search)
Well, no. She turned as he was leaving a parking space. Parked vehicles always have to yield to moving vehicles.
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Old 08-Mar-2009, 11:55 PM
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Originally Posted by FiveO View Post
Well, no. She turned as he was leaving a parking space. Parked vehicles always have to yield to moving vehicles.
yah man

its your fault, you should have waited for traffic is BOTH lanes to pass before trying to merge back

settle away from insurance
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Old 09-Mar-2009, 12:47 AM
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he wasnt trying to merge, he was trying to turn at the next street from his parking space basically

so at no point was he merging back into traffic, he was more like just driving or pulling ahead in the curb side lane when the other driver entered the lane to turn at that street
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Old 09-Mar-2009, 02:16 AM
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if you were driving though and she cut into your lane and clipped you its her fault for improper lane change weather you had been driving 1 foot or 40 miles as long as you didn't have your hazards on or something. It would be your falut if you didn't signal and tried to merge int othe left lane and she rear ended you wich normaly if someone rear ends you its there fault but in that case you would be becuse you cut into the path of traffic b4 the way is clear but you didnt you could start driving in your lane whenever from a stop she cut into you i would fight it in your favor and go to the collision repoting center and see what they think and make it seem like it's her fault in your statement. Try and pay for your own damages or get her to pay for yours if you prove you are right. You bhave 48 hours to report it so get your *** over there.

Last edited by egb20; 09-Mar-2009 at 02:20 AM.
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Old 09-Mar-2009, 03:00 AM
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Originally Posted by egb20 View Post
if you were driving though and she cut into your lane and clipped you its her fault for improper lane change weather you had been driving 1 foot or 40 miles as long as you didn't have your hazards on or something. It would be your falut if you didn't signal and tried to merge int othe left lane and she rear ended you wich normaly if someone rear ends you its there fault but in that case you would be becuse you cut into the path of traffic b4 the way is clear but you didnt you could start driving in your lane whenever from a stop she cut into you i would fight it in your favor and go to the collision repoting center and see what they think and make it seem like it's her fault in your statement. Try and pay for your own damages or get her to pay for yours if you prove you are right. You bhave 48 hours to report it so get your *** over there.
If he is parked, he HAS to let moving traffic complete their maneuvers, including turning maneuvers, as they pass him. He cannot move until he knows the way ahead to be clear. That includes driving "straight through" from a parking spot closest to an intersection.

If he tries to avoid paying her damages, she will go to insurance.

If he goes to a reporting center, he will effectively force her to also give HER side of the story.

Either way, she will say that she was turning legally onto a side street when a car that was parked suddenly drove into the side of her. Her insurance company will pay out her claim and fix her car.

Her insurance company will then do one of two things - 1) they will probably deem her 0% at fault and the driver of the parked car 100% at fault, or 2) they will assign 50% fault to each party.

Either way, she gets her car fixed by the insurance. Either way, our hero is deemed at fault either completely or partially, but being deemed only partially at fault is just as harmful to his future rates as being completely at fault.

With his existing abysmal driving record, that added at-fault claim could cause his rates to double over the next 3 to 6 years. He will be much better off paying the other driver's damages out of pocket than he will be by risking her going to her insurance company with a claim naming him as the person who ran into her.
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Old 10-Mar-2009, 09:52 PM
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I was not trying to merge. The left lane was clear there was no one in front of me , that is why I started to roll.
It's kind of hard to determine whose fault is was.

Like I said, Danforth Ave. has 2 lanes and the one is occupied with parked cars, the other lane is traffic. I was in the one with the parked cars.
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Old 10-Mar-2009, 09:56 PM
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She hasn't reported yet.
She wants to get a estimate first.

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