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car accident but whose fault?

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Old Oct 10, 2006 | 05:42 PM
  #1  
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car accident but whose fault?

i was driving in camden new jersey tonight and i got in an car accident. i

drive an 2002 infiniti i35. their was not much damage to my car however i

pretty much totaled the other persons' car. i situation is like this i was at an 4

way intersection. i saw their were no cars so i stopped at my stop sign for 10

seconds or so. then decided to turn left boom i car was speeding down the

street and i hit her right passenger side. my car's damage was my fog lights

glass broke and my bumper cracked not in half though. so whose fault is it. i

know there is always a he said she said. but i stopped at the stop sign and

she was speeding and i hit her. i only have liability coverage on my infiniti

because i don't drive that car that much. there were witness'. i have two

witness my family members and she had a guess a friend. but the lady is real

ghetto she drove a 1993-1995 madza 626. not sure what year it was. who

will win in court. since there was damage to my car will her insurance pay for

it. it is obvious that my insurance will not pay for it. will my insurance go up

like crazy. who has to pay for the damage me or my insurance company. will

a nissan maxima bumper and fit my infiniti i35. please give me a input. please
Old Oct 10, 2006 | 05:45 PM
  #2  
VaporHead
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Tough one. Did the cops site her for speeding? If not, the insurance company will probably go against you for failing to yield the right of way. If it ends up being her fault, her insurance will pay for your damage. If it's your fault, your insurance pays her, and you will not get anything for your car. And your insurance rates will surely go up.
Old Oct 10, 2006 | 05:47 PM
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did she have a stop sign? if not then its your fault
Old Oct 10, 2006 | 06:04 PM
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Something like this happened to me back in July '04...
I was on a main street... this lady blew a stop sign and plowed right into my passenger side... 10,500 in damages to my car itself and then rental, medical bills all were paid by the lady's insurance!
She got cited on the spot by this cop though who was really friendly with me... Her car had literally no damages at all other than needing a new bumper cover and a paint job for it!

So.. most probably you will be taking the hit for it!
Good luck though!
Old Oct 10, 2006 | 06:14 PM
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You were at fault wether she was speeding or not. You might be able to fight it if, and only if, she was cited for speeding. If the cop gave only you a citation, then you'll probably not have much to go on.

Sorry about your situtation and good luck. I was in a very familiar situation approx. 17 years ago, and got cited. I am sure the law hasn't changed much since then.
Old Oct 10, 2006 | 06:16 PM
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if she ran the stop sign, which she must have being a 4way, its her fault. the rates thing all depends on the state, as does the fault dependance. in michigan, for example, it doesnt matter what happens because there is no fault, and everyone for themselves, basically were screwed. but when i drive there, since my insurance is in illinois, illinois insurance rules apply to my vehicle and my insurance would cover it. the deductables get into a legal mess though.
Old Oct 10, 2006 | 06:31 PM
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she had no stop sign but she was speeding. i stopped at my stop sign.
Old Oct 10, 2006 | 06:34 PM
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i live in new jersey. which has no fault but what does that mean. she was speeding but no cops were there to see her.
Old Oct 10, 2006 | 06:35 PM
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Originally Posted by anhhuy8
she had no stop sign but she was speeding. i stopped at my stop sign.
you are at fault. you cant prove she was speeding and you cant prove that you stopped. she can prove that you pulled out in front of her (because of the accident)
Old Oct 10, 2006 | 06:41 PM
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now it is my fault because i hit her and there was a lot of damage to her car. besides that there was no prove at all. like i said it a she said he siad. which story will they believe. now with the car can i put a nissan maxima bumper on an 2002 i35.
Old Oct 10, 2006 | 06:42 PM
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Was she cited for speeding? You probably don't want to hear this, but if she didn't have a stop sign, chances are it'll be your fault.
Old Oct 10, 2006 | 06:44 PM
  #12  
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no citng of speeding.
Old Oct 10, 2006 | 06:47 PM
  #13  
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The Maxima bumper will not work unless you change the lights, fender and hood.
Old Oct 10, 2006 | 06:52 PM
  #14  
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The problem with this is, you pulled out in front of her whether or not she was speeding. She didn't run a stop sign or red light but i can understand where you are coming from with the "I was stopped and obeyed the law" scenario. If the cop cited her for speeding and what not, you can hold a better case in court otherwise it could really go any way. good luck man.
Old Oct 10, 2006 | 10:09 PM
  #15  
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She had no stop sign and I hate to say this, but it's clearly your fault for not yielding to on-coming traffic. Unless you have a radar detector that accurately records how fast she was going, you'll lose in the court. Sorry.
Old Oct 10, 2006 | 11:15 PM
  #16  
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this happened to me last month, it totalled my 2000 max se, I was turning left and i got T-boned by an old lady in a toyota sienna, she was speeding too, but I was the one deemed at fault because I was not the right of way. So I'm guessing you'll be the one fault here whether she was speeding or not.
Old Oct 11, 2006 | 01:13 AM
  #17  
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sorry man... your fault. but if u can find some proof like "withness" (I am not saying that u can pay someone to say something )
dun blame me... blame da taxi drivers, daz how i learn from my friend's accident...
Old Oct 11, 2006 | 06:58 AM
  #18  
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Originally Posted by anhhuy8
i was driving in camden new jersey tonight and i got in an car accident.
While driving at night, how did you not see her headlights? I can see a car coming at night a good distance away, far before they have time to get in front of me even if they are doing 110+ mph. I assume she was either driving with no headlights or coming around a curve.


Originally Posted by anhhuy8
i hit her right passenger side.
Originally Posted by anhhuy8
i pretty much totaled the other persons' car
If you were at a stop sign, and you accelerated into a passing speeding car, AND managed to total it, how hard could you have possibly hit this car? can you accelerate to 50 mph in under the amount of time it would take you to react and hit the brake? I mean, if you pulled out in front of the car I would understand, but YOU hit HER in the passenger side while she was speeding by? I don't think I could do that if I tried.


Originally Posted by anhhuy8
i saw their were no cars so i stopped at my stop sign for 10 seconds or so.
Why? Waiting for a car to come by so you could hit it?

I'm sorry, I have a hard time believing this is what happened. From your description, I even have to ask if it is physically possible. (Hit a speeding, passing car that you never saw coming, in the passenger door, from a dead stop, hard enough to total it, and only have minor damage to your bumper? ) I hope this isn't the story you told police.

You're at fault. Pay the lady.
Old Oct 11, 2006 | 07:23 AM
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Yeah, I was wondering the same thing. Your story just didn't make sense. Good luck anyways.
Old Oct 11, 2006 | 07:41 AM
  #20  
Nineleven
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Originally Posted by soonerfan
did she have a stop sign? if not then its your fault

Like soonerfan said, if she didnt have a stop sign too, then it is likely your fault...

Whenever you make a left turn, anyplace or anytime, and get into an accident...90% of that time, you will likely be at fault...

Sorry to hear about your loss
Old Oct 11, 2006 | 08:18 AM
  #21  
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You are 100% at fault.

You stopped at the stop sign and she didnt have a stop sign. you have to be sure you are ok to make the left turn b/c you are crossing oncoming traffic. You made a left.. going across traffic and caused a collison


Better Lube up!
Old Oct 11, 2006 | 04:34 PM
  #22  
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I don't see good reason for this thread to remain open any longer.

PM me if you have questions or objections.
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