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

[Zeze]

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?

 

[dave_the_nerd]

Yeah, they could decide it was your fault. You should have been taking pictures immediately - if you were too far out into the street, you didn't give them time to stop and were driving unsafely. If you weren't too far out, he's a shitty driver and wasn't paying attention to what was in front of him.

What'll probably happen is your insurance companies argue, decide to split the damage 40/60 or 60/40, and everybody's rates go up.

Glad you're ok.

 

[KlokWyze]

If you were inching out like you said I wouldn't think that it would be your fault. There must be a provision for that.

Also, I hate taxi drivers. They are statistically amazingly bad drivers, so I automatically say it's not your fault.

 

[LTC8K6]

I'm trying to figure out how you could think it wasn't your fault.

How much time between you inching out, and impact?

 

[Zeze]

I'm trying to figure out how you could think it wasn't your fault.

How much time between you inching out, and impact?

Plenty of time. I was pretty much at a stop.

He just came and hit me.

 

[SSSnail]

In case you haven't figured it out and are still in denial - it's your fault.

 

[Soundmanred]

your fault.

 

[BrunoPuntzJones]

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

 

[madoka]

Unless OP has a video camera in his car or can otherwise prove he was stopped for some time before getting hit, he's going to have a hard time proving that he didn't come out of that parking spot too quickly. He is supposed to yield to traffic and the taxi driver had the right of way. Also, don't be surprised if he claims soft tissue damage in the next few days.

BTW, did the taxi driver have a passenger? Any other witnesses?

 

[Zargon]

Plenty of time. I was pretty much at a stop.

He just came and hit me.

pretty much?

 

[Zeze]

Ughhhh.. oh man. There goes my perfect driving record.

 

[madoka]

Did you check to see if he had a video camera onboard? Many taxis have them now.

 

[RGN]

Merging traffic always yields.

 

[KK]

you should have just went back inside and then came out, claiming a hit and run happened.

 

[Destiny]

<--- 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...

 

[brianmanahan]

you are in NY right? cuz thats a no fault state iirc, at least from the claims settlement side of things

you might still get cited for it. not saying you will, but usually the odds are against whoever pulled out

just remember though - in the end, if everyone is ok, its no big deal. i caused a way worse accident 15 years ago and after a month it didnt matter

 

[TastesLikeChicken]

It's your fault for pulling out into traffic.

Get a lawyer though. If he can prove the taxi could have reasonably avoided a collision you might have a chance.

 

[Zee]

It's not your fault in terms of insurance. in real life it is, but in property damage claim, His front hit your side instead of the other way around.

but you merged in.

their insurance will offer you 50%. Say he hit you. dont settle for less than 75%

 

[IAteYourMother]

Do you have more pictures?

 

[SSSnail]

It's not your fault in terms of insurance. in real life it is, but in property damage claim, His front hit your side instead of the other way around.

but you merged in.

their insurance will offer you 50%. Say he hit you. dont settle for less than 75%

You can't be serious...

 

[MrSquished]

it's your fault, you were driving into merging traffic. the only way it would be his fault is that it could be proven he was flying way over the speed limit.

some states are no fault anyway though.

 

[sactoking]

Did the cop estimate the taxis rate of speed on the police report? If the taxi was going fast then based on point of impact there's a strong case to be made that the taxi is at fault. Damage to your Fender would indicate that you pulled out into traffic without looking but damage to your door indicates you were partially in the lane of traffic. A car traveling at a reasonable taste of speed would have had the last best chance to avoid; excessive speed would only contribute to that theory.

 

[surfsatwerk]

The important thing is nobody is hurt. Cars can always be repaired and replaced.

 

[xSkyDrAx]

probably your fault but that guy was still shady/douchy (at least that's what it sounds like from your story)

 

[DrPizza]

Plenty of time. I was pretty much at a stop.

He just came and hit me.

"Pretty much?" So, you were moving. Therefore, your fault. Sorry.