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It Wasn't My Fault!


SheikYerbuti
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Driving in the city today in the snow storm. I'm going about 15 MPH on the West Side Highway (Posted limit is 50 or 55) and have to switch lanes. There's a car in my lane stopped waiting to make a left. I have about 10 car lengths to him. I signal, I check the lane I'm moving into, I turn the wheel. . .

 

My car continues to go straight ahead. The road is iced over. Like a slow motion shot in a film, I'm tapping the brakes, turning the wheel, yelling "noooooo!!" (you know, that movie yelling where it drops 2 octaves when in slo-mo). I hit the guy in my lane. His car: not a scratch. Like new. My car: damage to the hood, the front quarter panel, the fender, the light.

 

Long story short: My insurance is putting me at fault. I don't believe I was at fault, as I was driving with extreme caution (did I mention I was going 15 in a 50 and had a full city block to react?). I've already threatened to switch insurance companies. Is there anything else I can do to appeal them putting me at fault for this?

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I heard something on the radio the other day, that is never the conditions of the road that cause the accident. In essence you are when I wore my first dressed. This was about police reports and insurance companies. We have had a terrible stretch of winter recently and many people have had your problem here, hence the story.

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Driving in the city today in the snow storm. I'm going about 15 MPH on the West Side Highway (Posted limit is 50 or 55) and have to switch lanes. There's a car in my lane stopped waiting to make a left. I have about 10 car lengths to him. I signal, I check the lane I'm moving into, I turn the wheel. . .

 

My car continues to go straight ahead. The road is iced over. Like a slow motion shot in a film, I'm tapping the brakes, turning the wheel, yelling "noooooo!!" (you know, that movie yelling where it drops 2 octaves when in slo-mo). I hit the guy in my lane. His car: not a scratch. Like new. My car: damage to the hood, the front quarter panel, the fender, the light.

 

Long story short: My insurance is putting me at fault. I don't believe I was at fault, as I was driving with extreme caution (did I mention I was going 15 in a 50 and had a full city block to react?). I've already threatened to switch insurance companies. Is there anything else I can do to appeal them putting me at fault for this?

 

Is the other driver putting in a claim?

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Is the other driver putting in a claim?

 

I doubt it. He refused to swap information with me. He was a complete toolbag. I took a picture of his plate and gave it to the insurance company. He was probably a drug dealer or something. We waited for about a half an hour for a cop to show up. An off-duty cop pulled over and told us with the volume of accidents, we weren't going to be gotten to for hours. I offered to swap information with the guy and he acted like I accused him of murder.

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Unfortunately I've had this exact same thing happen to me. Regardless of how fast you were going, you must be in control of your vehicle at all times. Road conditions don't matter. Sorry man, it's your fault.

 

Man, you come to the Huddle for a little brotherly support and this is what you get.

 

:wacko:

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for insurance purposes, you are definitely "at fault". if you hit anything, no matter what, you are at fault. a couple years ago, driving in the mountains, I came around a blind turn doing the speed limit on a two-lane highway with oncoming traffic and a sheer rock face (and no shoulder) on my right. there was a rock the size of a basketball that must have just fallen in the road. there was literally no way I could avoid going over the rock. rock shreds transmission, and for insurance purposes, it is an at-fault accident on my part. only way it could have been different is if the rock rolled down and hit me from the side or something.

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What does "fault" mean?

 

You're not getting points on your license, yeah?

 

I don't see the relevance to "fault", either way, your insurance is going up.

 

it makes a big difference whether any claim you make is considered a "collision" claim or a "comprehensive" claim. if you're totally free of fault it can be the latter, and your insurance takes a much smaller hit.

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Sorry Jay, but as for the insurance company, you are at fault.

 

Very similar thing happened to a friend of mine. One night we are heading home in the fog. Very thick fog. We were going 10-15 miles an hour. Someone had hit a road sign and the post was laying across several lanes. We never saw it, and it too kout a tire, totally bending the rim, etc.

 

So, we get to the side of the road, call it in to the CHP, and while fixing the tire (we're not Puddylike) 4 more cars hit the post and had flattened tires. Finally a CHP cruiser shows up and is able to remove the street sign. My friend asks him what to do about it for insurance purposes and cop says that it would be considered his fault for driving at speeds not safe for the road conditions, etc. and that he would probably be better off getting a quote on repairs before deciding whether or not to get the insurance company involved.

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Man, you come to the Huddle for a little brotherly support and this is what you get.

 

:wacko:

 

whinewhinewhinewhinewhinewhine

 

Dude, you have insurance, no one was hurt. It's Christmas (Hanukkah if you prefer) so think of those blessings. It could be worse. We could send Nsab to come set you on fire and put you out by throwing you in the Delaware.

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whinewhinewhinewhinewhinewhine

 

Dude, you have insurance, no one was hurt. It's Christmas (Hanukkah if you prefer) so think of those blessings. It could be worse. We could send Nsab to come set you on fire and put you out by throwing you in the Delaware.

 

I'm out 2 grand and you bust on me for whining. . .classy.

 

And dude, me and Sab is tight. I almost met him once. We're like bros.

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You could be like Isleseeya and blame climate change on all the problems. Real or imagined.

 

Somehow I don't think global warming had anything to do with this. In fact, a little global warming might have prevented it.

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Hate the West Side Highway, and just about every other highway in NYC this time of year... Add some snow and it gets insane.

 

You probably won't be able to eliminate all of your "fault," but can some be placed on the other driver? You pointed out you signalled to change lanes, but was he signalling at his turn? Was it a legal left turn? Was he straddling lanes? Were all his brakelights working? NY law says headlights/tailights have to be on in this weather. Were his? Anything else that could have contributed to the accident? Your word against his if there was no police report.

 

Sounds like he was a tool. Lousy weather, lousy road... accidents happen. Maybe mitigating the blame a little will help with how the insurance company treats the accident and your rates. Good luck. As distressing that car damage can be, still be thankful you walked away, too.

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Driving in the city today in the snow storm. I'm going about 15 MPH on the West Side Highway (Posted limit is 50 or 55) and have to switch lanes. There's a car in my lane stopped waiting to make a left. I have about 10 car lengths to him. I signal, I check the lane I'm moving into, I turn the wheel. . .

 

My car continues to go straight ahead. The road is iced over. Like a slow motion shot in a film, I'm tapping the brakes, turning the wheel, yelling "noooooo!!" (you know, that movie yelling where it drops 2 octaves when in slo-mo). I hit the guy in my lane. His car: not a scratch. Like new. My car: damage to the hood, the front quarter panel, the fender, the light.

 

Long story short: My insurance is putting me at fault. I don't believe I was at fault, as I was driving with extreme caution (did I mention I was going 15 in a 50 and had a full city block to react?). I've already threatened to switch insurance companies. Is there anything else I can do to appeal them putting me at fault for this?

 

Why don't you just learn to drive better?

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That sucks Sheik for sure. But as was mentioned, it could of been worse and you could of damaged the car in front of you as well. Then your rates would of really taken a hit.

 

Hey, how about a little wine glass rack and 4 glasses to help ya feel better? I have a guy I know........

 

 

:wacko:

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Your car behind his car + your car hitting his car = your fault.

 

That's the way it's always going to be.

 

agree.

 

the only other thing you could have done, that you didn't do and it's to late now is,

NOT report it to the Ins Co. and fix it yourself.....especially since no claim/no damage to the other guy.

 

your rates may skyrocket now......sorry

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