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Discussion Starter #1
All these IS accidents being posted have been making me sad, but today I got in my own accident, though not in my IS. I was passing a slower moving vehicle on a rural two-lane road. Then the guy makes a left-turn into me. He claims that he signaled left, but I know he didn't before I started my passing movement. It is possible that he signaled after I was beside him (in which case I wouldn't know it, because it wasn't a Mercedes with those nifty signals in the mirror). The law states that you need to signal 100 feet before making a turn, and I don't think this was the case, if he did signal, but there were no independent witnesses. Also, the guy is unlicensed, uninsured, and does not have registration. Thankfully no one was hurt, but each vehicle has plenty of damage. Anybody have any advice or words or wisdom on how to deal with this situation? My main concern is the assignment of blame for this accident. I meet with the insurance adjuster in a couple of days, and this is my first accident.
 

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I could be wrong, but I think it is automatically his fault regardless of what happend because he has no license or insurance.

I know that back in HS, I knew a kid who was charged to be "at fault" in an accident: The case was that he was rear-ended by a drunk at a stop sign, but he didn't possess a license, so he was determined to be the cause.

That was in FL, and it was also over 10 yrs ago. Hopefully it's the same case in CA where you are though. . .

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Perception IS Reality
 

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Discussion Starter #3
Almost There, thanks for the reply. In my case the police came to take a report, but they are not going to assign blame. They did cite the other guy for not having a license, insurance, and registration. I'm at the mercy of my insurance company as to who they will assign blame to. They have nothing to gain by assigning blame to the other guy, so I'm worried.
 

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AH, I see your point.

Maybe you can argue that you were legally passing (hence, no police ticket) and the other driver was illegaly operating his vehicle (hence, his tickets). Therefore, you cannot be blamed because your actions were within the law and his were not.

ISFAN is in claims for an insurance company and could probably help a little better than I. OK, make that a lot better than I. . .


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Perception IS Reality

[This message has been edited by Almost There (edited October 29, 2000).]
 

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I find it hard to believe that your friend was found at fault when he was rear ended. Florida is a pure comparative state. Whether one has a license or not has no bearing on the liability of an accident.

In regards to the case in question in this thread, one would have to look at the entire picture.

Were you passing in a legal passing zone. Was the driver who turned left making a legal left hand turn.

What are the comparative negligence laws in California. I have no idea. If this accident were to occur in Florida you could almost be sure that you would have some part in the fault in this accident. It is really going to depend on whether you were legally passing.

You would have to go back to the scene of the accident and see what the lane markings were. Remember on two lane roads where there are side streets, you will note at the intersection of these side streets, the lane markings are not there. That is an indication that you are not to pass.

Check out the scene and see what the markings were on the lanes when you were passing.
 

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Originally posted by ISFAN:
I find it hard to believe that your friend was found at fault when he was rear ended. Florida is a pure comparative state. Whether one has a license or not has no bearing on the liability of an accident.
ISFAN,

I find it hard to beleive too. . . You have to take into account the HS setting and the timeframe in which I was told this information (over 10 yrs ago). Regardless, the purpose was that "if" this was true, then it may be of use to Bobo in his situation. . . a stretch. . . definitely, but like I said, if there is any truth to it, then it may help.
 

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I was in an accident in which I was the cause of it. The other driver however left the scene as I was circling back to get onto the freeway again (in retrospect, it would have been better if id pull over on the shoulder, although i was far from his car by the time i realized what happened). anyhow, i called my insurance agent and told her what happened and asked her if it was possible that the other driver left because he had no insurance and was afraid hed get into trouble. she said no, cause i was at fault.
 

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Discussion Starter #8
Originally posted by ISFAN:
Check out the scene and see what the markings were on the lanes when you were passing.
ISFAN, passing is legal here. It has a dashed stripe in the direction I was going. Making a left turn is also legal. I think it comes down to the question of whether the guy was signaling 100 feet in advance of the turn, and I don't think he was. I'm assuming that if the insurance company decides I'm at fault, then they would have to pay for damages to the other party, whereas if they decide the other party is at fault, then they don't. But if it's the latter case, I'm assuming that the other party may try to sue for damages if they really believe they're in the right.
 

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Originally posted by bobo:
ISFAN, passing is legal here. It has a dashed stripe in the direction I was going. Making a left turn is also legal. I think it comes down to the question of whether the guy was signaling 100 feet in advance of the turn, and I don't think he was. I'm assuming that if the insurance company decides I'm at fault, then they would have to pay for damages to the other party, whereas if they decide the other party is at fault, then they don't. But if it's the latter case, I'm assuming that the other party may try to sue for damages if they really believe they're in the right.
I looked up California and they as well are a pure comparative state. The issue here is who is at fault and what percentage. An adjuster when taking into account the negligence in an accident will look to the facts as presented and credability of the witnesses and drivers.

I understand that you state the markings were dashed on your side. What were the markings at the point of impact? You could have started your pass in the legal part and
the impact could have ocurred in a no legal passing zone. Also, what was the point of impact? Did the other peron hit you in the side of your car, or did you hit him in his side etc.... Where was the exact point of impact to each vehicle.

Most likely you will each bear some part of the responsability. The way pure comparative works is say you were found to be 75% at fault. You could only then recover 25% from the other party.

You need to keep in contact with your adjuster as they will determine the negligence. Since the other party has no insurance etc... if that is true, then your adjuster will be the one to decide who is at fault.

Remember having insurance or license does not matter. I certinley can hurt the credability of that driver, but the facts will decide who is at fault.
 

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Was the other driver making a turn into a legally marked street../IE it was not a driveway or private road. I did a ride along with a friend of mine who is a Highway Patrol officer, and he ticketed someone for legal starting to pass someone, but completing the pass at an intersection. They consider this extremely unsafe because the driver making a right hand turn onto the road that You are on, will often look at oncoming traffic he has to merge with, but not from the other direction. It has been the case of may head on collisions.
I dont beleive that the law points in the direction of "He didnt have a license, so hes at fault'" Although in a state of many uninsured, unlicensed drivers, in unregistered cars, I wonder if that someday will be the case.
 

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Discussion Starter #12
Originally posted by ISFAN:
What were the markings at the point of impact? Also, what was the point of impact? Did the other peron hit you in the side of your car, or did you hit him in his side etc.... Where was the exact point of impact to each vehicle.
The stripe was dashed for the entire area. The guy was making a left turn into a driveway, not an intersection, so passing was legal. Area of impact was right front of my vehicle to driver and passenger doors of the other vehicle. Is this better or worse than if he turned into the side of my vehicle?

I spoke to the adjuster today. She said that as long as 49% of blame or less was assigned to me, then I would not lose my good driver status. How is percentage of blame assigned when there are conflicting statements? The good news was that the deductible will probably be waived because the other driver was uninsured.

I'm hoping that the fact the other party, a teenager with no license, will come into play at least somewhat by showing he has limited driving experience and questionable decision-making skills.
 
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