Holy cow....... Got into a car accident, whose fault? [MS paint]

[jpeyton]

Nobody really cares who is at fault.

Step 1: File a claim with their insurance company.
Step 2: File a claim with your insurance company.
Step 3: If their insurance doesn't pay out, yours will.

Accidents like this are why we pay thousands of dollars a year for insurance. Let them worry about whose fault it is.

 

[OVerLoRDI]

Your fault. Taxi had right of way.

 

[destrekor]

Basically you are almost surely going to be cited at fault. He was on the right of way, you were not. It takes a fair amount of evidence showing anything else is the case, and even then, it's a crapshoot who'll be at fault. Right of way is so rarely given the fault - timing and space is everything.

Which means, we can't possibly give you anything other than what this post is saying. We don't have an accurate, un-biased depiction of the event. We don't know how much time the taxi had to react, assuming he was paying attention... if there was enough time to react but he was late to stomp on brakes (leaving marks), you are screwed if you have no other witnesses and cop doesn't feel like siding with your side of the story versus his.

 

[destrekor]

Nobody really cares who is at fault.

Step 1: File a claim with their insurance company.
Step 2: File a claim with your insurance company.
Step 3: If their insurance doesn't pay out, yours will.

Accidents like this are why we pay thousands of dollars a year for insurance. Let them worry about whose fault it is.

Fault usually gets you a citation, no? Either the citation itself, or the claim itself, or both, will also impact insurance rates. That's reason enough to care.

 

[chimaxi83]

Nobody really cares who is at fault.

Step 1: File a claim with their insurance company.
Step 2: File a claim with your insurance company.
Step 3: If their insurance doesn't pay out, yours will.

Accidents like this are why we pay thousands of dollars a year for insurance. Let them worry about whose fault it is.

It's obviously OP's fault, but this ^^^

 

[WaTaGuMp]

You have to yield to oncoming traffic, its your fault.

 

[disappoint]

Nobody really cares who is at fault.

Step 1: File a claim with their insurance company.
Step 2: File a claim with your insurance company.
Step 3: If their insurance doesn't pay out, yours will.

Accidents like this are why we pay thousands of dollars a year for insurance. Let them worry about whose fault it is.

Thread winning post right thar.:thumbsup:

 

[rommelrommel]

<--- Been in 6 car accidents and totaled 3 cars by the time I hit 24. yrs old.. from your MS Paint and looking at your damages and point of impact:

1) It is your fault.

2) Even when he saw you inch out and decides to hit you. You're still at fault.

3) Even if you are at a complete stop and he hits you, You're still at fault.

Reason:

1) You are crossing into moving traffic from a parking slot = you had time to see him coming from your mirrors.

2) He was going straight, you went into his lane.

Sorry ZeZe, I wish I can tell you differently or advise how to tell your story to the insurance companies to make it the Taxi drivers fault... but I've been in enough accidents to know there is no way of talking your way out of this one...

If this happened in California the insurance premium goes up to $500 to $1000 a year... but after 3 years everything clears...

Yup.

Around here many taxi drivers will hit anything that they know will not be there fault... they then try to do what he did... hustle you to pay cash for their repairs (which they won't do or will get done super cheap) and leave you on the hook for yours.

It's probably going to be your fault in terms of liability but I would suspect he could have avoided this...

 

[HamburgerBoy]

lol, under what circumstances would you not be at fault? Was he going 30 in a 5 or something at an airport or elementary school pick-up or something? And how was the taxi guy shady? Is it because he makes less money than some entitled sexy rich Asian businessguy living in a swank apartment overlooking the Bay?

 

[dbk]

I don't understand...if you were peering out and you didn't see a car coming why didn't you go? Why would you just stop? The proper method is to look before you go and peer out. Based on the picture this was a straight lane.. I would understand if you were park on a curved road but on a straight road you don't need to peer out - use your sideview mirrors. RIGHT?

 

[sourn]

I don't get why people are hung up on this moving thing. It doesn't matter. Even if you where stopped and he could see you a mile away good luck proving that. And who taught you to stop in the middle of the lane when coming out of a parking space like that.

You either got time or you don't have time, if you even go to hesitate take it right back in the spot till you're sure you can do it safely.

 

[HamburgerBoy]

I don't understand...if you were peering out and you didn't see a car coming why didn't you go? Why would you just stop? The proper method is to look before you go and peer out. Based on the picture this was a straight lane.. I would understand if you were park on a curved road but on a straight road you don't need to peer out - use your sideview mirrors. RIGHT?

If he's coming out an an angle like that, chances are he's only looking at the cars parked behind him with his right rearview mirror.

 

[AznAnarchy99]

There's no real way he can prove that he was inching out or at a complete stop or just zooming out without looking.. He's merging into traffic so he'll be at fault.

 

[TwiceOver]

Yeah, your fault.

My question is in what situation WOULDN'T you report this to police? That's a lot of damage to just trade insurance and walk away from. Not to mention I would expect there is glass on the road that should be cleaned up by the city.

Unless you live in some shit hole like New York, Chicago, Etc. where they don't have time to do the whole "serve" part of their job.

You should have just lied and said you were backing into that spot and he came along and just hit you.

 

[Doppel]

Holy cow... I'm still shaken up.

My car was parked. Then I was getting ready to leave- I inched out slightly but was at a stop. Then the taxi hit me per below.

Damage:

Me- my whole driver's side door is crunched up & window shattered. The damage is so bad, the whole door has to replaced probably.

Taxi- his right side front bumper is messed up and headlight crushed.

The guy came out of the car and tried to 'set the situation' by saying I was trying to make a U-turn repeatedly (which I obviously wasn't). He came on so strong and I was flabbergasted. After the initial shock wore off, I realized it may not be my fault. He kept telling me to take my car to his taxi shop and pay for his damages.

I was debating to report or not- then luckily a cop happened to drive by. The cop asked if we were gonna take care of it ourselves. I asked him to please help us out and file the report- just didn't have good feeling about this flaky, shady taxi guy.

He took the report and took our info- told me to pick up the report at the station tomorrow.

The cop told me I have an option to keep the report but not report it to insurance- but I can always can later if I choose to.

Help me out here, was the nose of my car sticking out possibly rule that it's my fault?

Good job on cop.

My sense is this is entirely your fault to be honest.

 

[Sulaco]

Aren't you Asian?

I mean, if that's the case............

 

[BoomerD]

Aren't you Asian?

I mean, if that's the case............

Exactly...it's OBVIOUSLY the OP's fault...should have been cited by the cop for DWA...Driving While Asian.

(or more correctly, DWO...Driving While Ornamental)

 

[Zeze]

Thanks for all your input and making me understand where I stand.

 

[olds]

OP.
I am surprised that no one has said this but it's your fault.

 

[CLite]

If the cop didn't cite you at all then you have nothing to worry about from a legal/ticket perspective.

Despite NJ being no-fault your insurance company is going to pay his insurance company because in the insurance world you're certainly at fault. They will also pay for your replacement as well. You will get raped by premiums.

I don't know what the cop means by having the option to report this to the insurance company? The taxi cab guy is almost certainly going to do that. Unless the cop is referring to his report which is probably going to be disparaging of you if he's saying it's optional to give to your insurance.

 

[JumBie]

Not trying to be an ass...but you pulled out into traffic...

^^^

 

[SandEagle]

learn to yield.

 

[brianmanahan]

why is everyone being mean to zeze?

 

[highland145]

Aren't you Asian?

I mean, if that's the case............

then it's the wife's fault.

why is everyone being mean to zeze?

It's pick of Zeze week. Didn't you get the memo?

 

[Zeze]

If the cop didn't cite you at all then you have nothing to worry about from a legal/ticket perspective.

Despite NJ being no-fault your insurance company is going to pay his insurance company because in the insurance world you're certainly at fault. They will also pay for your replacement as well. You will get raped by premiums.

I don't know what the cop means by having the option to report this to the insurance company? The taxi cab guy is almost certainly going to do that. Unless the cop is referring to his report which is probably going to be disparaging of you if he's saying it's optional to give to your insurance.

I've been on the phone with Geico and got the following estabalished:

1. My plan will cover his damages up to $1000 for free without my points or rates going up- even when I'm at fault. Seeing as only his bumper and headlight went out and it's an older beat-up taxi, I may be lucky on this.

2. My car is old too. The door will have to be replaced obviously out of my own pocket. Ebay shows the my car"s door costing about $200-300. So with labor I hope it's under $500-800.

So all in all, I'll just be paying that $500-800.

That's $500-800 I didn't need to spend, but I'll consider myself lucky nothing tragic happened.