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You be the judge.....

Discussion in 'BBS Hangout' started by gr8-1, Nov 7, 2001.

  1. gr8-1

    gr8-1 Contributing Member

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    I was driving to work when I came to a one lane street. That means, I can make a left, right, or go str8. Apparently, I left enough room for this guy to get to my right. Remember, this is a one lane road. I don't know why he would get to my right becuz he couldn't see a thing until I left anyway. Why wouldn't he just stay behind me?

    Anyway, when traffic was clear, I made a right, but my passenger side hit his front left bumper. He drives a Honda civic and is on lower ground. I drive a Dodge Ram, so it was hard to see him.At first I thought that I was at fault, becuz I initiated the hit. I didn't have my insurance card with me and my registration is a bit overdue, so I wanted to leave the cops out of this. Also, I was late for work, so I had to leave ASAP.

    Here is where I get stoopit and act hastily. In order for me to leave, he made me sign a note stating it was my fault. I thought to myself, "whatever, we'll see if this holds up in court."

    Mind you, I did think I was at fault. But, my insurance adjuster said that since I was there first, I had the right of way in any instant, not some guy who saddled up to my blind spot. The other guy claims I didn't signal, but my adjuster said that doesn't matter. He couldn't see it anyway cuz apparently he had pulled up next to my door. I think he may have initiated the contact. As for the note, the adjuster said that is meaningless as well, because I don't know the Texas state laws.

    Now, I think I was not in the wrong at all. It's between my insurance (progressive) and his (farmers- mid century).

    Do you guys think I am right? Or do you think the accident was my fault?
     
  2. red

    red Contributing Member

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    give me $200 and we'll call it even...
     
  3. gr8-1

    gr8-1 Contributing Member

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    red, that couldn't have been you ? Your profile says Seattle. This accident occurred in Austin.
     
  4. bobrek

    bobrek Politics belong in the D & D

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    It sounds like the other guy is at fault, but it also sounds like he could get away with it if he is a skillful liar. Although your note may be meaningless, it would carry weight with me if the case were brought to trial and I were a juror unless I bought your explanation as to why you agreed to sign it. As a juror, one of the things I would hold against you is that from the time I started driving and had insurance, it was beaten into me to never admit fault.

    Good luck!
     
  5. mr_oily

    mr_oily Member

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    If its YOUR passenger side and his FRONT bumper, it seems he is more at fault. Almost like hitting someone from behind, its always the person behinds fault. Its his responsibility to keep track of whats in front of him.
    I'll bet it turns out it is actually a PERCENTAGE of your fault and some of his. A Metro cop ran a stop sign once and hit me. When I called his insurance, they were like "Well, how FAR did you get before you stopped?" And all this other crap to make it seem it wasn't entirely his fault...they'll pull on of those. ( i actually pitched a big old b**** fit and they gave me an extra 500 bucks for pain and suffering!:)
     
  6. gr8-1

    gr8-1 Contributing Member

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    bobrek, yeah that's what my insurance agent told me, but I'm a really nice guy, like to a fault. Can I say it was under duress that I signed the note? I was late for work?

    But, their money is on the line, and Progressive is gonna get theirs. That's just business. But, my adjuster just taped a conversation with him and he admitted that I was there first on a one lane road. He's got a tough hill to climb with that.
     
    #6 gr8-1, Nov 7, 2001
    Last edited: Nov 7, 2001
  7. bobrek

    bobrek Politics belong in the D & D

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    Yeah, those insurance guys are good with those recorders. The guy probably didn't even know what he admitted to.
     
  8. gr8-1

    gr8-1 Contributing Member

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    As far as ethics, I rate insurance guys a notch below lawyers and just above the UTah Jazz. But, it's good to have them on your side, the adjusters, not the Jazz.
     
  9. rockHEAD

    rockHEAD Contributing Member

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    I wouldn't have signed anything!
    But what's done is done, let the insurance companies hash it out, that's what you pay them for!

    rH
     
  10. JuanValdez

    JuanValdez Contributing Member

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    Well, you wouldn't have been in the fix in the first place if you carried your insurance like you're supposed to. Also, it wouldn't kill you to use your blinker. I'm sure you'll come out on top, but you could have saved yourself a big headache.
     
  11. RocketsPimp

    RocketsPimp Contributing Member

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    gr8-1, you're screwed. You NEVER sign or write anything when it comes to an accident.

    I had an accident a few years ago where a girl ran a red light hitting my car and pushing me into Sirhangovers car in the lane next to me. She got out screaming that I ran the light, but I had about 10 witnesses that could testify otherwise. I had her sign a statement where she admitted guilt. The very next day when I got the ball rolling with the insurance companies, I found out that she told her insurance company it was my fault and they were going to fight it. I told them they had two choices at that moment, either take care of all of my losses for the car and time off work(I hurt my wrist) or we could go the legal route where I would milk her ass for everything I could. I had a check within a week.
     
  12. gr8-1

    gr8-1 Contributing Member

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    I normally would say I'm screwed. But, considering my story is IDENTICAL to his, he pretty much is. See, I don't think he told his insurance guy he was trying to squeeze by me.

    My rep said the note is irrelevant, but we'll see. I've already been sent my check. It's between the insurance companies now.

    Juan, I'm not positive I had my blinker on, but from where he was, he wouldn't have been able to see it anyway.
     
  13. JuanValdez

    JuanValdez Contributing Member

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    Sorry gr8, it's just that some of your driving habits remind me of my own frustrations with other drivers. One annoyance is when you pull up behind a guy on a single-lane road without knowing if he's going right or left. For some reason, people like to take unprotected lefts during rush-hour onto some of Houston's busiest streets, but don't feel like indicating the fact to the rest of us. You can sit for 10 minutes behind some people waiting for them to get tired of waiting for an opening in traffic.
     
  14. gr8-1

    gr8-1 Contributing Member

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    Well Juan, this steet wasn't that busy, but I do have to look to my left for ongoing traffic. I don't know, he was in my blind spot and generally I don't look behind me if I'm turning right. He was also on lower ground so that makes it even harder for me to see. Remember, he said that I didn't have my blinker on, I can't remember, becuz it's 2nd nature to me. He certainly wasn't in my rear view.

    Also, there was no point in him getting to my right side even if I were making a left. There was no way he could see around me.
     

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