Horrible accident and we need help!

[kingofthering]

So... several days ago, my mother and I were about to drive out and make a u-turn out of a parking space in a quiet residental area on an unmarked road (two-way w/ no lines seperating) in the beloved Integra I always brag about inheriting.

Then, a green F150 XLT comes from the four-way stop and makes contact with us on the side, dragging the little car sideways, and as you might have guessed, totalling the little Integra.

So, now the insurance company has blamed us and has given us 30 days to respond and this is where I need your help because we assume that he didn't brake (lack of tire marks, plenty of time to see us, he was moving down the hill, etc).

So if he didn't brake at all, is this partially his fault or is the insurance company right and its our fault?

If so, is there a way we can prove this?

[johnnynumfiv]

Why are you asking an internet forum and not a lawyer?

[baddabang]

Can you prove he didn't brake? Do you have witnesses? If no, you're screwed.

[Quiggs]

You only have one hope.

[kingofthering]

Originally Posted by johnnynumfiv

Why are you asking an internet forum and not a lawyer?

'cuz you guys have crashed plenty of cars?

[kingofthering]

Originally Posted by baddabang

Can you prove he didn't brake? Do you have witnesses? If no, you're screwed.

I know that there were handfuls of people in houses at the time.

[johnnynumfiv]

Originally Posted by kingofthering

'cuz you guys have crashed plenty of cars?

I just work on crashed cars, I'm still waiting for my first accident.

[baddabang]

Originally Posted by johnnynumfiv

I just work on crashed cars, I'm still waiting for my first accident.

I hope your desk is made of wood.

[Rotary.freak]

Originally Posted by Quiggs

You only have one hope.

*gasp* Not the Chewbacca defense.

[clutch-monkey]

did you call the police right away? get them to come out look at tire marks etc?

[Falcon500]

Need witnesses and you need at l;east make contact with a lawyer.

[Zytek_Fan]

Originally Posted by The_Canuck

I drove my first manual tonight

I've been getting my time in driving a manual. What now?


Back on topic; It's definitely going to be difficult to win your case. Because you were coming out of a parking space, you must yield to oncoming traffic.

[kingofthering]

Originally Posted by clutch-monkey

did you call the police right away? get them to come out look at tire marks etc?

Yea, but they wouldn't come unless there were causalities. But there were signs that the Integra put up a fight, there were some sidewayz tire marks.

[zeppelin]

Originally Posted by Zytek_Fan

Back on topic; It's definitely going to be difficult to win your case. Because you were coming out of a parking space, you must yield to oncoming traffic.

I was just about to say this. Whether or not he slammed his brakes hard enough to lock them is irrelevant. You pulled out in front of the F150 from a parking spot, therefore you're completely at fault. Also I wouldn't mention the u-turn bit either, because at least around here they're not allowed in lots of places.

Sorry.

[Sledgehammer]

Originally Posted by kingofthering

So if he didn't brake at all, is this partially his fault or is the insurance company right and its our fault?

If so, is there a way we can prove this?

The only way I can see that its partially his fault is if he was speeding. Without any tire marks, it would be extreamly hard to accurately know his speed (unless he admits it). Sorry to say this but I cant think of anything else. Contact a lawyer soon and let us know what the sit-rep is.