Determination of fault

[Carter]

I was in another accident last night. I'm curious who is at fault here. I was stopped at the end of a road from a parking lot waiting to turn left onto the main road. Traffic coming from the left was backed up. There was no traffic coming from the right. One guy had stopped as to not block the intersection allowing me to pull out and make my left turn. There was a whole line of cars behinf him. All traffic coming from the left is single lane traffic. As I was pulling out and already beyond the guy who let me out I was looking right for the clear, I started to proceed to turn. A guy coming from the left in a "made up second lane" clipped the front of me as I was moving forward. There are those fake inlaid painted bricks on the road to show people that the road does widen ahead at the traffic light which is what he was driving on.

He said to the officer and myself that he thought there were two lanes there. The road there is wide enough for two lanes of traffic but it is single lane only. He also told me he did see me and didn't think anything of it. I only saw him after he was 50 feet beyond me to the right.

I can see where I could be at fault for failing to be 100% sure there was no traffic coming, however already half way out into the road I had no reason to check my left again because traffic was stopped.

I can see where he would be at fault by crossing the double yellow line and passing the line of cars on a single lane road. It does not turn double for another hundred or more feet.

 

[CoupedUpSubie]

File a claim with his insurance company. They will either approve or deny, I'm pretty sure he screwed up though. Maine at-fault laws are kind of weird.

 

[MAINIAC XV]

When he decided to pull out to pass standing traffic in front of him than he needed to be extra cautious. I put the blame on him.

 

[Carter]

I've never filed with the other persons insurance company. I always call mine up and report the accident. How do I file a claim with his?

 

[SUBARUDE]

We're you stopped when he hit you

 

[Jamey]

Your insurance should get in contact with his , you can also call his insurance

 

[WashmyScooby]

I've never filed with the other persons insurance company. I always call mine up and report the accident. How do I file a claim with his?

Let your insurance companies figure it out.  It's going to be based on the police report, and more often than not if they have a hard time determining fault they determine that each person is equally at fault.  If you insurance company has an issue they will take it up with the other insurance company.

 

[Jamey]

When I got hit I called mine and they told me to call hers. But if I had any problems to call my insurance and they would help

 

[Matt]

Assuming there was a police report? Anything over 500 dollars has to reported to the police. If he's passing on a double yellow in an imaginary lane I place blame on him. File with your insurance company and give them all the other guys info and let them deal with it. That's what you pay them for.

 

[Carter]

I got a phone call from my insurance company today to give a statement. I was completely honest and told my side of the story. After I asked him how blame would be determined and he told me in this case blame would probably be split unless the police report states he was in some sort of violation. I am going to send away for a copy of the accident report to see what it says. I am not happy that I have to claim this through my insurance and pay my deductible, (only $100 but still).

 

[RCKSTR NES]

the police report will def be beneifical with your claim against him.

 

[MuddyWRX]

I always thought passing traffic on the right when there is no passing lane was technically illegal regardless.

 

[MAINIAC XV]

The guy was passing on the left . 

 

[synthetic corners]

You can go down to the station and get the report.  If he hit you then he should be at fault, yet my wife was hit in Saco by an old lady with her blinker on that never turned.  She pulled out and whack.  They deemed my wife at fault for that one...

 

[Jamey]

You can go down to the station and get the report. If he hit you then he should be at fault, yet my wife was hit in Saco by an old lady with her blinker on that never turned. She pulled out and whack. They deemed my wife at fault for that one...

wow that's bs

 

[Carter]

I called the Portland PD and found out the state of Maine has an online request form. They haven't uploaded it yet, I will try again tomorrow.

 

[HR radness]

You have to pay for the report Carter.

In my accident, the police report said I hit the other car when in fact i was stopped and then hit by the other car.  I'm being sued by the other party due to my "negligence" even though it was impossible to see the car that hit me because it was hidden by a snow bank and the road looked clear.  The Officer did a cursory job of investigating the accident so I'm sure I will be shown at fault.  Im still waiting to hear if it will go to court but my insurance adjuster doesn't think so.

Not to hijack Carter's thread but has anyone disputed a police report?

 

[Carter]

Yea I know I'll have to pay for it. It's just easier to download it online when they get it uploaded.

I too think my report is going to be botched and would also like to know if a report can be disputed.

 

[HR radness]

I did a quick browse online and i saw a couple of people say that the insurance companies decide fault based on things like police report, witnesses etc.