: Car Accident... help me out



tag78
10-31-10, 02:17 AM
http://i52.tinypic.com/2v7xvv5.jpg

Hi the diagram isnt perfect but hopefully you get the idea.
No tickets were issued and i only have liability. I want a second opinion on what to do here. I was told to call the girl that hit me's insurance company and file a claim being as she hit me. But neither of us were issued a ticket. Correct me if im wrong but I had the right of way. I began my uturn before she was fully stopped. she should have seen that i was going and a) either obeyed the "STOP" sign or b) turned into her own lane.

This is my first accident and i dont know too much on the topic so im asking for a second opinion. Can i file a claim through her insurance company w/o her being issued a ticket or do i have to sue her or what? How should i go through with this.

The passenger side door is badly dented. it doesnt close all way at the top nor does it open all the way and there is minor damage to the front quarter panel.

THANKS

Playdrv4me
10-31-10, 02:30 AM
Call her insurance company. Just because there was no ticket issued does not mean she wasn't at fault. It just means that as far as the law saw it, a law was not broken. A police report would help, but even that is not a requirement for the insurance company to begin investigating.

At your age, no accident is a good accident, at fault or not... but if you want your car fixed... you need to at least try to file a claim.

tag78
10-31-10, 02:54 AM
Thanks for reply. Someone told me i should take pictures of the area where i was hit to further explain what happened. Should i do this? And pictures of my car? I dont really know the steps to take with this and i dont want to end up unprepared.

Stingroo
10-31-10, 02:58 AM
Pictures definitely can't hurt.

Aron9000
10-31-10, 02:58 AM
Are u turns illegal where this took place???

She probably thought you were turning left and not making a u-turn. Anyways, she should have been paying more attention to what was going on, and you probably should've waited until she was indeed stopped before making a somewhat bold maneuver. I don't know what sort of car you were driving, but anytime I make a u-turn in my boat Cadillac, I take up both lanes and pray I don't hit the curb on the opposite side.

dkozloski
10-31-10, 02:59 AM
Be sure to file an accident report with the local law enforcement agency and file a claim against her with her insurance company. This gets the process moving. Her insurance company will probably deny the claim. At that point file a claim against her in your local small claims court. Be sure to have pictures of your car damage and her car damage. Take pictures of the scene of the accident and be sure to have repair estimates in hand when you go to court. If the police have any kind of report try to get a copy.

Playdrv4me
10-31-10, 03:02 AM
Good point from Aaron about the U-Turn... You should probably make sure it was legal to make a U-turn there before you contact her ins. co. If they determine that a U-turn there WAS illegal, then unfortunately the opposite could happen and YOU could be responsible for the damage to HER car. However, it is definitely NOT legal anywhere that I know of, to make a turn straight into the far lane. I know this because my mother used to do that until she got a ticket for it. So what happens on the off chance you BOTH committed illegal maneuvers? I don't know... I guess the earth explodes or something... that's for the insurance company to figure out.

tag78
10-31-10, 03:20 AM
@Aaron. Yes they are legal and by the position of my vehicle it was obvious i was making a U-turn. The picture doesn't reflect that but It appeared to me she quickly stopped while looking left and as soon as she saw it was clear from that direction she quickly accelerated into me. But she should have turned into her lane considering i was making a U-turn. Whether she expected me to let her go first or not. and im driving a CTS and this intersection is set up primarily for uturns.

@dkozloski
I did get a paper the cop printed out. With my info and her info on it. Says "Maryland state police motor vehicle info exchange form." Idk if this is the accident report as well or what. I also felt the cop was very biased he barely said anything to me and I barely was given a chance to explain what happened but he spent a good deal of time talking very comfortably to the 21 year old attractive girl crying. I was told this could aid in it too. But im not sure i want bring that into the case.

im going to show u google maps pictures to give u guys an idea. What i did was fully legal and supported by road markings to follow

tag78
10-31-10, 03:28 AM
http://i54.tinypic.com/10icxo1.jpg

This picture is outdated keep in mind. They now have lines for those making a U turn to follow because cars from both sides make u turns at this intersection. this is a very busy high way speed limits is like 45-50.

RightTurn
10-31-10, 03:49 AM
Contact YOUR insurance company. If she was at fault, THEY will pursue her and her insurance company.

tag78
10-31-10, 03:52 AM
Would this be better than filing a claim through her's? And what if they cant settle it? My rate goes even higher for no reason wont it?

Jesda
10-31-10, 05:02 AM
Im not sure how subrogation works if he only has liability.

Playdrv4me
10-31-10, 05:18 AM
If he only has liability its entirely up to his insurance company as to whether or not they want to help him recover losses from the other party. Essentially, with liability only coverage, its extra work they don't really need to do.

CIWS
10-31-10, 10:04 AM
With no witnesses the situation becomes your word against her's. The reason the cop didn't issue a ticket to either party is because there was not enough evidence at the scene to determine which one of your stories was what happened. If he didn't see it himself (herself) then they rarely act based on he said/she said.

Insurance companies will pretty much be the same way if left with a choice to deny the claim. This is why I carry a camera in my car, and it's already saved me in one accident case because it's an independent witness to what was going on when the accident occurred. The other party admitted fault at the scene, but then told their insurance company I came into their lane, and they initially told me they were denying liability because of that. So I e-mailed them a copy of the video and they then accepted and paid it. A camera and mount costs less than my deductible does. (500.00)

ThumperPup
10-31-10, 10:18 AM
is it just the qt panel or does it look like she may have hit in the rear also ?
and maybe the qt panel bent from that
if so then its an automatice her fualt and ins responsible from her
even if you where not doing anyting leagle if thats the case still her fual in eyes of the law and Ins

but if thats nto the case then both your Ins and Her ins will have to go threw a discovery process they will investigate by going out and looking at the area where it happens also they will probalby try to recreate it if the police will let them shut down that street for about 5 or 10 minutes then thats what they will most likly do

unless she jsut tells her ins company or yours that she admits fualt then thats easy in that case her INS will just take reasponsibility


i was in a situation last year Labor Day Weekend
i was in gettysdburge PA some kid with no license who took there dads big cargo van with out permision
backed into me yup he was at a red light trying to tearn left half way threw intersecton crossing guead also cop at the time had him back up right into me he backed up his rear end hit my front end

and well there you have it they had no idea how to right up the tiket lol
but INS invenstigate and with a cop there to prove it he was at fualt

billc83
10-31-10, 11:35 AM
It sounds to me like she's not denying any of the facts, which would put her at fault.

Check with your insurance company. See if they will handle it (which they might not, since you only have liability). You shouldn't have to file a claim to talk to a representative, and they should be able to tell you what they can and can't do.

EcSTSatic
10-31-10, 11:51 AM
I think because you both hit at the front of your cars he should have written both of you tickets or neither of you. You got lucky. If one of you had been hit in the rear there would have been a better case of failure to yield. It doesn't hurt to try to get compensation from the insurance co but you will probably be disappointed.

tag78
10-31-10, 02:34 PM
I think because you both hit at the front of your cars he should have written both of you tickets or neither of you. You got lucky. If one of you had been hit in the rear there would have been a better case of failure to yield. It doesn't hurt to try to get compensation from the insurance co but you will probably be disappointed.

But i was yielded and proceeded to go before she even fully stopped. My guess is she approached the stop sign while checking for traffic from her left side not even looking at me, saw it was clear and just gunned it directly into the lane FURTHEST from her. Keep in mind this is a main highway i was on... she was coming off of a side street. She should have been more cautious. Correct me if im wrong but considering she has a stop sign, and was on a side street. I had yielded before she stopped and I was on a main highway. I had the right of way. I had been stopped long before her. I had yield she had stop and she was on a small side street. Whats the problem?

Stingroo
10-31-10, 02:41 PM
The problem is you don't really have proof that she didn't stop. There's no camera, no cop saw you, anything. So while it very well may be true, it's still your word against hers, and that doesn't work. The burden of proof falls on you in this case I would think. It sucks, but there isn't too much you can do about it.

tag78
10-31-10, 02:53 PM
The problem is you don't really have proof that she didn't stop. There's no camera, no cop saw you, anything. So while it very well may be true, it's still your word against hers, and that doesn't work. The burden of proof falls on you in this case I would think. It sucks, but there isn't too much you can do about it.

I did have a passenger in the car at the time if that makes a difference... So my options are drop a grand+ on repairs for something clearly someone else's fault. Or do what the biased cop failed to do at the scene and get proof to prove the impossible. Clearly a true display of justice for you.

Stingroo
10-31-10, 03:19 PM
Yep. =\ That is indeed the case. That camera-in-the-car thing looks better and better every day, honestly.

EChas3
10-31-10, 03:43 PM
The way I was taught 'Right of Way':

1. Car headed straight ahead
2. Car turning right
3. Car turning left
4. Car making U-Turn
5. Car violating any trafic law

One traffic law often not observed is to move into the nearest lane going in the desired direction. Did the other driver do this?

Is it worth $1,000 to you to win in court? A good way to judge the strenth of your case is to speak with a lawyer that will accept 'contingency' work. (i.e. no fee unless you win). If that take your case, they feel it's worth their time.

ben.gators
10-31-10, 09:50 PM
Well, I guess I know why this accident happened. I have seen people that when they want to turn to right they look to left and watch coming cars and if they see there is no car they turn right without paying attention what is going on the right side of the street, a pedestrian is crossing the street? or a car is having a u-turn.... Probably she made the same mistake...

If you carry just liability, your insurance company handles just claims against you. You are almost on your own, if you want to file a claim against others. Your insurance company might give you some tips or helps, but usually this is the most they do for you. However always update your own insurance company about the accidents, even if you were not guilty. About the claims, again update your insurance about any action you want to take.

If U turn is not forbidden in that intersection, I believe she is in charge of accident. Contact her insurance company and file a claim. They will contact her and based on it and also the report of officer they will decide what to do.

Good luck...

johnny kannapo
11-01-10, 12:50 AM
You failed to YEILD.

Your bad

CIWS
11-01-10, 04:08 PM
Yep. =\ That is indeed the case. That camera-in-the-car thing looks better and better every day, honestly.

Lots more options out there these days.

http://www.spytechs.com/Car-Cameras/default.htm

Jesda
11-01-10, 04:22 PM
The vehicle black box camera will overwrite the oldest data, so you only review the information if you choose to do so.

That makes it VERY tempting. Thanks for the link, Matt!

Stingroo
11-01-10, 04:32 PM
Hmm... you know, that actually is tempting.

77CDV
11-02-10, 12:53 AM
Sorry to say, but in this case, you were at fault, as a U-turn means you're turning against the flow of traffic, where with a right turn, she was turning with the flow of traffic. Essentially, you turned into her right of way. Her liability would depend on your state's traffic laws (may you make a right turn only into the right-hand lane or any lane?). If she could legally take any clear lane she wanted, you've not a prayer.

In short, pay the $2 and fix your own car.

johnny kannapo
11-02-10, 11:50 AM
The driver making the right turn doesn't know you are intending to make a U-turn, assumes you will make a normal left turn & you failed to yield. Very simple.