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Old 03-31-2008, 02:19 PM   #21
Ulric
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not trying to judge ya or any LM, just pointing out there was a tad more... or in short, it's never any easy thing to say 'yes' or 'no' to a question like this.
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Old 03-31-2008, 02:34 PM   #22
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it's the other car's fault... he failed to yield right of way. you are also supposed to turn into the nearest lane..not pull out and fly across all moving lanes of traffic. plain and simple....judging from what you have told us.

not sure where everyone gets the notion that if you EVER hit someone in the back you are ALWAYS at fault. that's not true. if you are following someone going the same direction and you hit them in the back...then yes a lot of times you are at fault because you are following to close. but in instances where people turn in front of you, pull out of a gas station, right turn on red, etc...then usually they are the ones at fault...even the brake check story is a good example...i would have even thrown the other guy in jail.
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Old 03-31-2008, 02:38 PM   #23
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Quote:
Originally Posted by Ulric View Post
not trying to judge ya or any LM, just pointing out there was a tad more... or in short, it's never any easy thing to say 'yes' or 'no' to a question like this.
LM?

nah, no worries, I basicly came here for a judgement on some level I guess.... get a feel for a "jury" response ya know?
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Old 03-31-2008, 02:40 PM   #24
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"it's the other car's fault... he failed to yield right of way. you are also supposed to turn into the nearest lane..not pull out and fly across all moving lanes of traffic. plain and simple....judging from what you have told us."

That's the kicker though isn't it? Depending on the stories from both parties and if any witness's stick around.
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Old 03-31-2008, 02:41 PM   #25
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IS THIS MAD LIBS?? Some one pulls out in front of me and I SLAM ON MY BRAKES AND GIVE EM THE BIRD
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Old 03-31-2008, 02:41 PM   #26
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LM?

nah, no worries, I basicly came here for a judgement on some level I guess.... get a feel for a "jury" response ya know?
:-) my response was for lil-M primarily but it works. As a member of a jury, based on the info provided.. I'd place the blame/fault on the 'cager'.
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Old 03-31-2008, 02:46 PM   #27
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yeah, again, no witness was willing to stick around and police didn't come out
Police weren't called? Best to have the cops out if it's not your fault. Pulling out in front of someone is failure to yeild right of way. As you tell the story, it sounds like her fault (i.e., she pulled in front of you failing to yield and immediately stopped suddenly, preventing you from being able to avoid her). As she tells the story, it might sound like your fault.

In the absence of a police report and citation, it's up to the insurance companies to determine who is at fault between them. Whoever tells the best story usually wins (I mean factual, not fabricated).

While its still fresh, you should document the circumstances of the accident including all available details. Have another person read and describe it back to you to make sure that it is understandable to a third person. Include a diagram and excerpt from a map showing the specific location, direction, vehicle positions, speeds, etc. (including uninvolved vehicles to show why you couldn't take other evasive action).

Typically, the person with the best story and most details will win out. Sometimes the ins. companies will split the difference 75/25 or some other ratio depending on which description they feel is most credible. Get youR version in first.
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Old 03-31-2008, 02:48 PM   #28
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Get a lawyer, don't lose track of those witnesses, and try to prove proximate cause. If you can show "but for...", you have some chance.

http://en.wikipedia.org/wiki/Proximate_cause
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Old 03-31-2008, 03:02 PM   #29
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Get a lawyer, don't lose track of those witnesses, and try to prove proximate cause. If you can show "but for...", you have some chance.
Get a lawyer for a cracked light and paint scratches? The gist of what I'm getting is that the value of the argument is in not having the accident be faulted to him on his insurance record and having the other insurance company cover his deductible?

Was there more extensive damage or injury involved?
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Old 03-31-2008, 03:05 PM   #30
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dang, i misread the post, you did hit, glad you alright
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Old 03-31-2008, 03:29 PM   #31
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Quote:
Originally Posted by Ogre View Post
Police weren't called? Best to have the cops out if it's not your fault. Pulling out in front of someone is failure to yeild right of way. As you tell the story, it sounds like her fault (i.e., she pulled in front of you failing to yield and immediately stopped suddenly, preventing you from being able to avoid her). As she tells the story, it might sound like your fault.

In the absence of a police report and citation, it's up to the insurance companies to determine who is at fault between them. Whoever tells the best story usually wins (I mean factual, not fabricated).

While its still fresh, you should document the circumstances of the accident including all available details. Have another person read and describe it back to you to make sure that it is understandable to a third person. Include a diagram and excerpt from a map showing the specific location, direction, vehicle positions, speeds, etc. (including uninvolved vehicles to show why you couldn't take other evasive action).

Typically, the person with the best story and most details will win out. Sometimes the ins. companies will split the difference 75/25 or some other ratio depending on which description they feel is most credible. Get youR version in first.

You guessed (correctly) that its a she

police were not called, and I cant go back and call them, so moving on from that. However, the rest of what you describe is being covered.
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Old 03-31-2008, 03:53 PM   #32
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You guessed (correctly) that its a she
Isn't it always? lol.

JK, I would never assume that. You mentioned a "she" in your initial post.

Best of luck with it. It sounds like you may have a good chance of winning out depending on how reasonable her ins. company is in working with yours. Sometimes they have to go to arbitration between themselves.
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Old 03-31-2008, 05:42 PM   #33
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Quote:
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Get a lawyer for a cracked light and paint scratches? The gist of what I'm getting is that the value of the argument is in not having the accident be faulted to him on his insurance record and having the other insurance company cover his deductible?

Was there more extensive damage or injury involved?
That was the damage to the other vehicle as I understood it, he was on a bike. Correct?

I agree though that a lawyer will end up costing more than they are worth especially just to prove who was at fault. Insurance companies have lawyers that will fight for you and you'll never even know it. Do as Ogre said and be the one who makes the more effort to prove your story.
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"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 03-31-2008, 11:45 PM   #34
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That was the damage to the other vehicle as I understood it, he was on a bike. Correct?

I agree though that a lawyer will end up costing more than they are worth especially just to prove who was at fault. Insurance companies have lawyers that will fight for you and you'll never even know it. Do as Ogre said and be the one who makes the more effort to prove your story.
Ok just to be sure its clear, she was in a lexus SUV, I agree that the lawyer will cost more than they are worth and I have had a bad experience with a lawyer ****ing me over. Also, consider this: you get a police report and it says what? He says X She says Y and blah blah blah, the insurance comapanies look at it and they decide amongst themselves anyways. OR the cop sides with someone (from what Ive heard its often not the "kid" on a sports bike) not to hate on a cop, but every gig has an , I didnt feel like gettin unlucky at that time for reasons I have discussed in private with someone else.

I have already pushed my story and I have suggested that they wait untill the other side of the story comes in because I KNOW this woman can be tricked into saying the TRUTH, which will only help me.
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Old 04-01-2008, 08:51 PM   #35
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We weren't confused on what she was in...what were you in/on :dontknow:

You mentioned the cop doesn't side with a kid on a SB, so I'm assuming you were on 2 wheels?
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nothing goes unmoderated....
"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 04-02-2008, 06:15 PM   #36
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A driver turning into lanes of traffic must turn into the nearest lane of traffic to the lane they are in - THEN must be able to change lanes appropriately - including turn signal. Jumping across multiple lanes of traffic at once is not legal, and so she didn't yield right-of-way.

It's a fallacy that anytime you hit someone in front of you that it's your fault. But the immediate assumption is that you are culpable until other evidence is presented.

Anyone turning onto another road must yield the right-of-way to traffic occupying that road.

It sounds as if the driver was making an illegal right turn, not yielding right-of-way, changing lanes illegally, and obstructing traffic. Of course, if you were 1/4 mile down the road that could be different....

This should be defendable, by your insurance co. I hope you weren't speeding...
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Old 04-04-2008, 06:32 AM   #37
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We weren't confused on what she was in...what were you in/on :dontknow:

You mentioned the cop doesn't side with a kid on a SB, so I'm assuming you were on 2 wheels?
Sorry, yes I was on two wheels - kawasaki zx7r

and thank you pyrogenic for that, I know how to prove mathamatically that I wasnt speeding based on where I was when the car pulled out and where we were when I hit and I know that the damage to the car can provide an aproximate impact speed, so my case should hold up.

thanks for the support guys
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