Ok Speedguide I need your help!!!

[the_mp3_refuge]

I was in a car accident and am telling the story to as many people as possible to get different perspectives on how people are interperiting my situation.

7/13/03

I was sitting at a red light with my Dakota at a stop. I was in the left turn lane with two cars already infront of me. Since there is a conoco in the same area I left about 2 car spaces between myself and the other cars so cars entering the shopping area would have access to the Conoco. As the light turned green the two cars ahead of me began to move when a Red Acura 3.2 in the right turn lane(it's a 2 lane road, either right or left) side-swiped my dakota. She hit my car with an incredible force. The damage is as follows. My right fender has moderate damage. My entire right headlight assembly will have to be replaced. My bumper is now in the shape of an "L", and the steel brackets holding my bumper on will have to be replaced. Her Acura has a fairly large gash in her driver door where she clipped my bumper, and has minor body damage proceding to but not past her rear driver door.

Ponder this for a moment... How fast would a small, economy 4 door with an Aluminum frame and fiber/plexy glass body have to be traveling in order to rip apart my steel/chrome bumper, steel body, and steel bumper brackets?

So I'm asking you speedguide with the folloing story whos at fault? Remember I was at a stop(not crawling my wheels were not moving) when this occured.

Also:
She has filed a counter claim suggesting that I came into her lane and caused the accident. In the pictures provided answer this...

If I was in her lane my tires would have to be ready to make almost a 90 degree turn into the conoco(The only location to go)
and my fender would have to be well in her lane aswell. Why is it that there is NO damage to my rim, or tire, or fender besides my stated point of contact. Seems to me a collision like the one she stated would cause quite a bit of damage to both our cars, especially mine.


So speedguide... forget age, and make the 2 drivers blank silloutes...

Who's at fault?

[axtrader]

Dude, in NJ if your vehicle is legally at a standstill and you get hit the insurance companies consider the accident the other drivers fault. Period, end of story. You're sitting still, and she drives into YOU. How can that possibly be YOUR fault?

[CiscoKid]

Was she on a cell phone when this happened or leaning flat on the passanger seat reaching for something on the floor?

the ONLY way I would think the bumber damage would happen like that is if she was going at a decent speed. 35 maybe 40 or so.

It's my opinion as an unqualified authority that the Acura was at fualt. Sounds to me at least that daddy or hubby would have a fit if she came clean and admitted she was at fualt.

[Randy]

i give you exhibit a picture by of my cliemts fromt bumper.

need i say more?


I would say your had your corner clipped

no worries

[LT-73]

She cut right across infront of you. She's at fault, end of story.The pic sez it all and by the looks of it, she must've been whalin'!

[Jstyr]

Looks like your front bumper was peeled off and forward. Only way you can of done that is if you were going in reverse..otherwise she would have had to swipe you as she was moving forward...IMHO.

[aagiants]

Bumper is PULLED out, no crushed in, Meaning she was driving foward and clipped it... No worries...

[Russell]

Just curious, did the police respond to work the accident? If they did what does it say on their report. Given the facts and circumstances, I would say the other driver was at fault.

[MadDoctor]

Do you have any witnesses?

[lance-tek]

She may be trying so hard to get out of being put at fault becuase of her past driving record or possibly that she does not have insurance.

By looking at your bumper you would have had to cut her off while driving down the road for that kind of damage. But for you to have cut her off at the necessary speed you would have had to be going it would have caused more damage to your truck along the rear of the fender and the door as well. Otherwise, as already stated, you would have had to have been driving in reverse for that kind of damage to happen.

Where I live, if this happens and you both say it was the other party's fault; each person's damage is to be paid by their insurance company unless there is an unbiased witness to give testimony to the officer.

I hope you do have a witness.

-lance

[Humboldt]

update please

[the_mp3_refuge]

So here's an update.

For russell12,
In Douglas County, CO(Where I live) if an accident occures on private property which it did the police do not have to come unless there is suspicion that drugs or alcohol are involved. Plus Colorado just issued a law stating that fault can not be determined at the scene by an officer, it has to be determined either in court or by the insurance companies.

For MadDoctor,
After the accident occured I think I overheard her saying she had a witness, or maybe no witness, she was on the cell phone with her hubby and about 20 feet away.

I however do have a witness. He is saying that I was at a complete stop, waiting for the light to change when the accident occured and that the Acura came in too fast and cliped my car.

She did end up somewhat in my lane but was quick to put her car in reverse and get to a window to window position.

I tell ya this downright sucks. Car drives fine no damage to the frame or anything just it's going to be a long July.

Thanks your all of your imput I really appreciate it. Any of you guys been in accidents before where it's not your fault but the other party is claiming it is? What should I expect?

[Chris]

Originally posted by the_mp3_refuge
Any of you guys been in accidents before where it's not your fault but the other party is claiming it is? What should I expect?

Get a Lawyer, you can bet your boots she wil have one and be prepared to pay. Last accident I was in I was sitting at stop light minding my own bussiness when I was hit head on. Cost me $15,000 for my lawyer to fight the insurance Co.

Mind you there were injuries involved

[Russell]

So I take it you were waiting to exit from private property onto a main roadway. Here in Auburn, we work private property as well as roadway accidents. We however do not establish fault, we take a statement from both drivers and then determine the most likely contributing factor in the accident, ie. running a red light, failure to yield right of way, etc. Curious as to what your insurance company rep said.