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What will be the result of this traffic collision?

post #1 of 10
7/22/11 at 7:26am
Thread Starter 
Hi all, so I got in a car wreck this morning. I feel like I'm fucked but there's a glimmer of hope and I thought I'd get some opinions on it.

So this morning, I'm driving to school. I come across to a 4-way intersection. The road I'm on has a stop sign, the other one doesn't. I stop at the stop sign and wait. Cars on either side of the intersecting road come to complete stops and both wave for me to go. I start across the intersection. On the right of me, a car that's been coming down the road pulls to the left(even somewhat into the opposite lane) to pass the car and slams into me in the intersection. Car is fucking dominated...radiator fluid pouring out of it. I happen to have a witness that saw the entire thing and she's willing to give a statement.

Now, the cops show up. They say because I had a stop sign and she didn't, I'm at fault. I explain that she pulled completely around a stopped vehicle and as a result, the collision occured. They said they can't do anything about it because they didn't see it. I have a witness(who had left at that point and given me her contact info). The cops write me a ticket for going through a stop sign.

So who would you say is at fault here? I mean, worst case scenario is I pay the ticket($100) and my deductible($250), but still....fuck.
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post #2 of 10
7/22/11 at 7:31am
Quote:
Originally Posted by TKJTG View Post

Hi all, so I got in a car wreck this morning. I feel like I'm fucked but there's a glimmer of hope and I thought I'd get some opinions on it.

So this morning, I'm driving to school. I come across to a 4-way intersection. The road I'm on has a stop sign, the other one doesn't. I stop at the stop sign and wait. Cars on either side of the intersecting road come to complete stops and both wave for me to go. I start across the intersection. On the right of me, a car that's been coming down the road pulls to the left(even somewhat into the opposite lane) to pass the car and slams into me in the intersection. Car is fucking dominated...radiator fluid pouring out of it. I happen to have a witness that saw the entire thing and she's willing to give a statement.

Now, the cops show up. They say because I had a stop sign and she didn't, I'm at fault. I explain that she pulled completely around a stopped vehicle and as a result, the collision occured. They said they can't do anything about it because they didn't see it. I have a witness(who had left at that point and given me her contact info). The cops write me a ticket for going through a stop sign.

So who would you say is at fault here? I mean, worst case scenario is I pay the ticket($100) and my deductible($250), but still....fuck.

What is the ticket for? Do you have any injuries and have you been checked out by a doctor to make sure you don't have any injuries?
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post #3 of 10
7/22/11 at 7:40am
this does suck. but the moral of the story is, the people who didnt have stop signs but were waving you past fucked you hard core.

i know they were trying to be nice, but there is a reason for traffic lights and stop sign placement and they should obey to them. when people forget that shit like this happens. you can try telling your insurance company what happened and have them battle it out with the other guys insurance company as to who is at fault. if its the other guys fault you wont have to pay the deductible and your rates wont increase. but its anyones guess as to who will win the fight. depends on the judge or arbitor.
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post #4 of 10
7/22/11 at 8:38am
Just to let you know the police have no authority to determine who is at fault in an accident, really they should not have even mentioned it (kind of unprofessional actually). At the scene of a major accident never even mention the word "fault" just describe what happened and allow the insurance companies to determine fault or percentages of fault.

In this case, it sounds like the insurance companies would side against you. You entered the intersection while another driver technically had the right-of-way. If you fight with the insurance company, you may be able to take some percentage off your liability because the other driver made a somewhat reckless maneuver.

Also, it is important, in accessing what the fallout will be, to access personal injury. Did anyone take an ambulance ride from the scene of the accident?
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post #5 of 10
7/22/11 at 8:41am
Quote:
Originally Posted by mmadha View Post

Just to let you know the police have no authority to determine who is at fault in an accident, really they should not have even mentioned it (kind of unprofessional actually). At the scene of a major accident never even mention the word "fault" just describe what happened and allow the insurance companies to determine fault or percentages of fault.

In this case, it sounds like the insurance companies would side against you. You entered the intersection while another driver technically had the right-of-way. If you fight with the insurance company, you may be able to take some percentage off your liability because the other driver made a somewhat reckless maneuver.

Also, it is important, in accessing what the fallout will be, to access personal injury. Did anyone take an ambulance ride from the scene of the accident?


+1
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post #6 of 10
7/22/11 at 8:47am
Thread Starter 
No one was injured, thankfully.

Thanks for the inputs so far.
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post #7 of 10
7/22/11 at 10:13am
what state do you live in?
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post #8 of 10
7/22/11 at 12:48pm
In many states police determine who is at fault in an accident that occurs on public streets (not private property).

It always agitates me when people pull this shit. I know they are trying to be nice, but it just leads to fucked situations like the OP is in.

Too bad your witness didn't stay, you may have had a shot.
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post #9 of 10
7/22/11 at 1:17pm
Criminal liability ≠ civil liability.

Your insurance company will provide a lawyer to defend you civilly. You need to hire a lawyer to defend you criminally. You may need to hire a lawyer to represent you as Plaintiff in a civil lawsuit if you were injured or if the insurance company is giving you guff about reimbursing you the true value of your vehicle.

Also, Rule #1 - Never talk to the police. It cannot possibly help you. If you are involved in an accident provide your license, registration, insurance and any other required documents and politely decline to answer any questions.
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post #10 of 10
7/22/11 at 1:51pm
Quote:
Originally Posted by harvey_birdman View Post

Criminal liability ≠ civil liability.

Your insurance company will provide a lawyer to defend you civilly. You need to hire a lawyer to defend you criminally. You may need to hire a lawyer to represent you as Plaintiff in a civil lawsuit if you were injured or if the insurance company is giving you guff about reimbursing you the true value of your vehicle.

Also, Rule #1 - Never talk to the police. It cannot possibly help you. If you are involved in an accident provide your license, registration, insurance and any other required documents and politely decline to answer any questions.

QFT.
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