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  #1  
August 21st, 2007, 11:43 AM
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Ugh so i was in a car accident yesterday while on my way to work so thank god it was just me in the car!! but i am so ticked off!! So the police guy gets there to talk he pulls some BS numbers out of the air in my opinion saying that i was 85% at fault and the other guy was 15% because the nature of the accident falls under failur to yield typy of thing ug. i will try and explain it so bare with me.

I was in the left turn lane waiting to turn, the other side of traffic has two lanes and the left lane on there side(the one closest to me) was backed up people were blocking the intersection. Well one of the cars stopped behind their white line leaving the intersection open and looked at me like ok you can try and get across now. so i creeped out stopped looked past him to make sure nobody was in the other lane i did not see anyone so i start crossing. Well thats when i get hit right behind my wheel in my back quarter pannel (pretty much almost through the intersection!!)







Everyone i talked to at work plus dh his dad and one of his friends says it doesnt seem right that they said it was 85% my fault because of where he hit me they said obviously he saw me because i was almost through the intersection and he should have had enough time to stop so a couple of them are thinking that he was speeding so he couldnt stop. He doesnt have car insurance we do. Ugh i just am mad cause im going to get a ticket the cop said they will mail it in 2-3 days and if i dont get one then, then im not getting one. The police report will be ready hopefully on friday so i will go get a copy of that we had a witness stop and drop their number off so im assuming the police called them yesterday to see what they had to say about the whole thing which will be on the report because i didnt get to talk to them. ugh im just so lost on what to do with this all i just had to vent a bit of course i will go to court and fight the ticket because it doesnt seem right that 85% is my fault IMO its more 50/50. People keep trying to say to get a lawyer and talk to a lawyer but i dont even know if its worth it.

Thanks for listening to my long vent with pictures
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  #2  
August 21st, 2007, 11:57 AM
2Corinthians10:4's Avatar Platinum Supermommy
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Poor Maren, you seem like your having just as bad a day as me. Well it doesnt seem like it is your fault in my opinion and looking at the car he must have hit you pretty hard to cause that damage so he had to be speeding. Im glad your taking it to court though cuz that is bs.
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  #3  
August 21st, 2007, 12:27 PM
kristina13's Avatar Mega Super Mommy
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Hi! I am new to posting here...but if I were you, I would have a repair shop ##### your damage, and see how much your ticket is going to cost etc...and if a lawyer is going to cost more than that...screw it, but if a lawyer would be less, you might as well ya know? Sorry this happened to you!! It def sounds like it was not totally your fault!
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  #4  
August 21st, 2007, 01:18 PM
Tiffany1287's Avatar Mega Super Mommy
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Ok - I was in almost the exact same type of accident. So I know what you are going through. So I'll explain real quick...

I was pulling out of a taco bell (not at an interesection) it was real trafficy and the two lanes I had to cross to get into the middle lane (turn lane) all stopped to let me go. Right as I get stopped in the turn lane some jerk hits me basically head on. It was my fault for failure to yield. He had the right of way because I was coming from a private drive (which is what they called it). because that guy had the right of way it may be kinda iffy in court. I took mine to court because I thought it was bs too. The judge pretty much told me to F myself and it was my fault so i had to pay a lot more money than if i had just paid the ticket straight up. It sucked. Hopefully since your cop said there was even a chance it wasn't all your fault he might not fault anybody. I hope it all works out though!! It may be worth getting a lawyer just so they can get it where the ticket doesn't go on your record.
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  #5  
August 21st, 2007, 01:28 PM
mommyofdani's Avatar Mega Super Mommy
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I know EXACTLY how you feel.

I don't really have any advice because I am going through the same thing right now...although I have decided to get a lawyer.

I just hope you are doing alright, I am so glad it was just you in the car, and you didn't get hurt.
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  #6  
August 21st, 2007, 01:39 PM
briena's Avatar Platinum Supermommy
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ugh its very obvious that he was going really fast! im glad your ok and that you were the only one in the car!!
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  #7  
August 21st, 2007, 01:47 PM
LindseyMarie's Avatar Professionally Awesome
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That stinks!!! I can't believe they faulted you 85%! I think of ANYTHING (and this is saying the guy had right of way and stuff) he shoulda gone 50/50. ughh... That sucks though! What did your insurance say?
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  #8  
August 21st, 2007, 05:56 PM
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Most states have a no-fault law now so I'd check with that. If you do get a lawyer - they'll advise you on what to do about the police report. I'd fight it but I wouldn't bring it to court. As far as the lawyer goes, I don't think you have to pay for them (I could be wrong). You have to pay them for other services but when it comes to accidents, malpractices, etc -- they only get paid when you win and they'll usually take 1/3 (30%) of your settlement and if you don't win then they don't get anything. So I would look into getting a lawyer if you want to fight it and believe it's not your fault. But you have to go back and think about what you could've done and what he could've done and right of ways and etc. to really see if it was your fault or not.

I got into a car accident 2 years ago and me, hubby AND Remy (who was only 2 weeks old at the time!) was in the car and we were in a small 2 door Honda and we crashed into a 4 door Chevy Suburban Full SUV vs. a 2 dr. Honda but the other driver (a little 16 year old girl ) thought we were at fault and kept cursing at us and yelling. She REALLY thought we were at fault because we hit her.. but it was really her fault. I went and read up on the laws and asked lawyers if we had the right of way and etc... in the end WE won and got a settlement for it

GL and if you feel like it was his fault.. fight it! Because this will stay on your record for years and your insurance rates will go up and etc.
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  #9  
August 21st, 2007, 08:08 PM
sara~b's Avatar Platinum Supermommy
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If he doesn't have insurance then the accident is 100% his fault because driving without insurance is illegal and he shouldn't have been on the road! Stupid cop should have arrested him right there. Fight it!
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  #10  
August 21st, 2007, 08:40 PM
Lacey.♥s.Lemons's Avatar Mommy March '05 & Feb '10
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Quote:
If he doesn't have insurance then the accident is 100% his fault because driving without insurance is illegal and he shouldn't have been on the road! Stupid cop should have arrested him right there. Fight it![/b]

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  #11  
August 21st, 2007, 10:56 PM
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i plan to because i dont believe that it is 85% my fault depending pretty muc hon what the police report will determine where i all go with it.

Oh i wasnt talking about taking they guy to court just talking about court for the ticket im sure that im getting depending on what the insurance people say (they should be calling me back tomorrow) will depend on what i all do about everything else. I mean the car was garbage to begin with my dad bought it for 500 bucks plus we think it has a cracked head gasket. SO i will know more tomorrow

I mean i just dont know lol i creeped out i looked didnt see anyone then went. I mean it is possible i didnt see him or he oculd have pulled out from the left lane into the right and then was going fast cause he was ticked at the backed up traffic so idk it kinda depends what the witness said because right now its a he said she said thing which always sucks
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