Horrible accident and we need help!

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 [I]makes contact[/I] 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?

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

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

You only have one hope.

[img]http://jakab.freeblog.hu/files/csubiszosz.png[/img]

[QUOTE=johnnynumfiv;795624]Why are you asking an internet forum and not a lawyer?[/QUOTE]

'cuz you guys have crashed plenty of cars?

[QUOTE=baddabang;795625]Can you prove he didn't brake? Do you have witnesses? If no, you're screwed.[/QUOTE]

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

[QUOTE=kingofthering;795628]'cuz you guys have crashed plenty of cars?[/QUOTE]

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

[quote=johnnynumfiv;795631]I just work on crashed cars, I'm still waiting for my first accident.[/quote]

I hope your desk is made of wood.

[QUOTE=Quiggs;795627]You only have one hope.

[img]http://jakab.freeblog.hu/files/csubiszosz.png[/img][/QUOTE]

*gasp* Not the Chewbacca defense.

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

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

[QUOTE=The_Canuck;795650]I drove my first manual tonight :p[/QUOTE]

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


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.

[QUOTE=clutch-monkey;795642]did you call the police right away? get them to come out look at tire marks etc?[/QUOTE]

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.

[quote=Zytek_Fan;795651]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.[/quote]

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.

[QUOTE=kingofthering;795622]
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?[/QUOTE]

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.

My knowledge of the local road rules suggests they had right of way, so didnt need to slow down.

Quiggs is right.

[QUOTE=Quiggs;795627]You only have one hope.

[img]http://jakab.freeblog.hu/files/csubiszosz.png[/img][/QUOTE]

It's sounds to me like you cut this guy off... The fact the he hit you in the side suggests you drove right in front of him in a situation where he clearly had right of way. In which case you should pay up and consider yourself lucky that it's only money. Being broadsided by an F150 in an integra should teach you to be a little more cautious :)

[QUOTE=Bob;795851]It's sounds to me like you cut this guy off... The fact the he hit you in the side suggests you drove right in front of him in a situation where he clearly had right of way. In which case you should pay up and consider yourself lucky that it's only money. Being broadsided by an F150 in an integra should teach you to be a little more cautious :)[/QUOTE]

Well, he had plenty of time to see us, there was a delay between him traveling down to the collision.

Would that affect the result? It was towards the middle-3/4 area of the car.

[QUOTE=kingofthering;795854]Well, he had plenty of time to see us, there was a delay between him traveling down to the collision.

Would that affect the result? It was towards the middle-3/4 area of the car.[/QUOTE]

From the description it sounds like you where at fault your asking the wrong people if you can get a witness to say he had oodles of time to stop then mayby you have a point but untill that happen you where at fault im sorry to inform you.

i doubt it would "hold up in court", just call the guy and apologize, that last thing you want is some pissed of redneck wanting to sue you lol

Even that you have to be careful with. Some people will take apologizing as admission of guilt, and therefore you being responsible for any damage on their part. Have they even been in contact with you or has it just been the insurance company?

Well, it's my mother who did all this, she was in the car.

To make things more interesting, it seems both us and the other guy (not a redneck by any chance) are insured by the same company.

She won't take the insurance company's response, so I'm coming for help here.

Too bad for her. She pulled out in front of someone, she got hit, she can suffer the consequences.

Very similar thing happened in the Design building parking lot last thursday - a Barina t-boned a Commodore wagon. Who's fault was it? well the Barina was on a "way out" and the Commodore had crossed in front.

Generally, when you are pulling out into traffic, it is up to YOU to make sure the road is clear before pulling out. hence why Insurance is making YOU pay.

[QUOTE=Sledgehammer;795665]The only way I can see that its partially his fault is if he was speeding.[/QUOTE]

Or drinking, but if the Police never filed an accident report both are irrelevant now. Hope your Mom has full coverage.

looking at these fact you nealry don't have any chance of winning this case but as long you hav esome witnesses who saw what accuatally happend and can prov you right then you're cool

If you have photos of the scene, indicating where the driver came from, the point at which he would have complete and clear view of your vehicle, the lack of skidmarks, etc. then you could EASILY win this one...

[QUOTE=MadMax13;796166]you could EASILY win this one...[/QUOTE]

Apart from the fact that they failed to give way and pulled out in front of someone.

Are Regi and I the only one's who see that?

[QUOTE=2ndclasscitizen;796182]Apart from the fact that they failed to give way and pulled out in front of someone.

Are Regi and I the only one's who see that?[/QUOTE]

yeah i get what you mean and i agree this will be a very hard one to win

[QUOTE=2ndclasscitizen;796182]Apart from the fact that they failed to give way and pulled out in front of someone.

Are Regi and I the only one's who see that?[/QUOTE]I agree with you completely. When you pull out of a parking space, no one should need to brake. The point is to yield to oncoming traffic. The fact that the truck driver had plenty of time to see him makes it [B]worse[/B] because it means he had plenty of time to see the truck and still (idiotically I might add) decided to cut him off and hope he'd brake. STUPID! If you see a great big truck coming, you're not supposed to move in front of it!

Fact is, the only situation I can imagine where you're not at fault would be if you were in a limited visibility zone and someone hit you because they were speeding, but that's clearly not the case.

Like I said before- you got lucky in that no one was hurt. learn from your mistake