......sh$t....f....

Here is my side of the story......

I am going straight on Lebannon Street...(It's a two way)...the person infront of me signal to turn left...so fine...I slow down and bear right to pass...and here is where it gets...messy...intersecting..Lebannon street in a street which T off into Lebannon....you could only take a left or right turn. There was a Nisssan Xterra...at the STOP SIGN ON Sylvan Street...waiting to go...no signal...the car infront of me left the Xterra go....guess????..where the Xterra...went.........neither...right nor left....she went straight.....right infront on me...into her driveway where she lives....so I hit the brake...ABS...15mph....booomm...hit her rear alloy tire...no damage to the body....but for me...my front plate came off...grill is ok...but driver side grill....next to it...big...dent...size of a softball.

So...what do you guys...think? Whose fault is it?

btw...I called the police...and before he left...I ask him what does he think...he said...it might be my fault for pass on the right!!!

 

Oh...Nooo!

Tell me it's the Bimmer and not the S2000.

Are you OK? How did it happen?

 

I'd say this is really depends!! if she has the stop sign.. she has to give the way for those who doesn't have the stop sigh... it is her responsiblity to watch ...so, that will be a big fight there..... also, you changed to the right lane.. cuz the law didn't say you couldn't change lane(if you were driving on the one lane traffic, then you may not get any excuse cuz you can't drive on the break down lane) but that is true that there is no enough vision for the Nissan to see you..!! but if you can prove that she saw you, then, you are gonna win for sure..!!


back to 97, I had an accident a bit like that..!! I was driving at the left lane... and all the right lane were heavy traffic, so, no car moves at the right lane... and, there was a car at the right hand side give the way for the car who wanted to turn left , but I was at the left land of that way and I keep going straight.... guess what? she hitted me.. then, my lawyer told me, even if I hit her, I will still win the case..!! However I won the case..!! but, we are in a little bit different situation..!! Sam, remember this, no matter what, never say you are sorry... that will make you lose..!! what you really can do is... let insurance company do the math..!! and support all the info as you can... and tell them what you think... the worst case, make this to be a 50/50 fault... cuz some insurance doesn't count 50/50 or less than 25% fault..!

 

Damn, sorry to hear about your accident!

From what I remember from driver's ed, it is legal to pass a left-turning vehicle on the right if you stay on the normally travelled road surface. Since you were going straight and had no stop sign, and the Xterra was going from a stop sign, it seems to me that it was technically the Xterra's fault.

I've been in accidents similar to this before - where someone stops to let me go, and I go around them and hit someone else. It sucks because they were just trying to be nice, but they also contributed to an accident...

All you can do really is not admit fault and let your insurance company sort it out.

 

OMG!!!

Glad you are ok Sam. And glad there is little damage. I am assuming it was the bimmer not the s2k.

Did this JUST happen?

Again, very glad YOU are ok.

 

i'm going to say it's your fault if you go to court because you passed on the right. Now if she crossed solid double lines inorder to get into your driveway that might be another case in general but you have to have more precaution because you're the driver passing on the right...it's hard but i would say the fault leans more towards you...pay it out of your pocket and skip the insurance hikes sure to come from this

 

Is Mass a no-fault state?

 

[QUOTE]Originally posted by Swurvydel
[B]i'm going to say it's your fault if you go to court because you passed on the right.

 

Sam, as I said, if you could get the provement to prove that she did that...! then, you will still have at least half win chance..!!! Cuz she has the stop sign, no matter what, it is her responsibility to watch out for the incoming car..!! well, it is just my thought..!!

 

Sorry to hear about your accident. I would pay the deductable and appeal it if you are found at fault. If you document it well, you will win. Ask me how I know this!