Help everyone and cheer me up! Remember how I told you guys the other day how I saw suspicious guys near my complex..

Well its gotten worse for me now.. I haven't seen those guys since..

But yesterday, I was pulling out of a parking lot spot and a guy was speeding in the lot and I stopped to let him go by and instead of looking he slammed right into me! My new car has atleast 1-2,000 worth of damages...And get this.. The cop cited me because he said HE had the right of way..I'm not sure if they cited him because I left..I had two passengers in my car that verified my story.. The driver had no seat belt on, was speeding atleast 20-30 mph in a parking lot and he wasn't even looking at the road in front of him..he swerved and hit me and now I am probably screwed with the insurance.. Insurance guy is coming tomorrow and then hopefully I can get it fixed.. WHY ME!! I have had the car a little over 3 weeks... Anyone wanna target shoot on this driver?? Just jooking.. Seriously, though, is he at fault or am I?? Should he just be able to speed in a parking lot and hit anything in his path and not bother to look?? What the hell??? Please someone make me feel better..
-Andrea

I do not understand your accident's progression.You were pulling out into the lane of parking lot traffic ...stopped to let someone go by(speeding or not).....yet they hit you?.....???....If it makes you""feel better"" ....it sounds like you entered the lane that has the right of way.....stopped halfway into your pullout and got hit.

Go shoot a few hundred rounds.  That always makes me feel better.

If you ask me, he had the right of way, regardless of speed.  He doesn't lose that just because he's going to fast.

That being said, unless he is written up for excessive speed or not wearing a seatbelt, expect to be "at fault" for the accident.

In reality, despite what the cop writes whom up for, your insurance company may protest any findings, and if the other guy tries to file a claim on your insurance, they may deny him because they cannot determine whether or not you are truly "at fault".

Also, keep in mind, I'm no lawyer.  Your state laws may vary, and how your insurance company decides to handle things depends largely on you.

Here in Georgia, we used to be able to sue the "at fault" driver for diminished value of the car.  Let's say your car is worth $20,000, and you get in a wreck.  Even if the shop fixes it PERFECTLY, it will never be worth $20,000 ever again.  It might be worth $15,000.  In that case, the "at fault" driver would pony up 5 grand.

Now, thanks to a new state law passed recently, we can pursue that amount through the "at fault" driver's insurance company - and cannot be denied if that's the route we take.

So, depending on who is truly "at fault", there might just be a silver lining to all of this.  Get a copy of the police report as soon as possible.  Talk with your insurance company.  If you feel like you aren't getting the answers you want or need, ask to speak to someone else.

the_reject

[whacko]

This, in itself, is a crime...



and not very bright posting this on a public forum. I'd suggest you take that blond wig off and get the heck out of SF.

I wasn't out of the spot yet! I was about halfway out of it and the parking lot road was considerably wide enough for me and him to not touch each other..I saw him coming but he came so fast I could do nothing but stop.. He never braked or anything he was looking at something else and admitted it to the police officers..I'm going to get the copy of the report tomorrow..
-Andrea

I was JOKING!!!!! GEEZ...

If this was on private property than, police officers cannot enforce traffic laws on private property. Also, the speeding wasn't commit in the presence of an officer.

Sorry to tell yo uthis, but in NC, you are at fault for not yeilding the right-of-way.
SAme thing happened to a buddy of mine about 8 years ago. He was backing out of a spot, and a truck destroyed the rear end of his 'stang. MP's said that NC law is that the car in the parkingspot has to yeild to the moving vehicle.

Do I look like a Mechanic?? I was estimating..I can describe what is wrong with the car.. Rear bumper, trunk, rear light, side doors, and front light/front bumper..OK?? I've never had this happen before.. PLUS, it wasn't on private property it was on university property and young campus police officers were on the scene..

Someone else told me this also..Stupid law..

I hope a newbie doesn't come to this thread looking for a definition of SHTF.

This sounds more like LIFE.

I'm been f'd every which way when it comes to cars. It been broken into, stolen, broke down once. The list goes on.

In this day and age, the game of automobiles really sucks and is a big money pit.

I don't have any other alternatives to them so I'll STFU now. [BD]

Many states differentiate between private property and 'premises open to the public'.  Most parking lots, while legally private property, are also open to the public and therefore some traffic laws may be enforced on them.  Also, in many states an officer may cite for traffic violations that he did not witness if he is investigating an accident.  Some states also have statutes that say if you are exceeding the posted speed, you give up your right-of-way.  I would get copies of the police report and consult an attorney.

What does SHTF mean ? Is it Something Hit The Fender [>:/]

You can not pull out unless it's safe to due so. If you had managed to get all the way out and dude slammed into your bumper then you'd be fine. You might beable to have your witnesses testify in your behalf and come out with a draw - I had a woman pull out right in front of me on a road and stop broadside to traffic. There were on coming cars and one to the left outside lane so I had no choice but to slam into her. All the witnesses in the cars around me gave statements to the cops but she lived a few houses from the road and had her neighbors give statements that they were all in their yards looking out at the highway [rolleyes] and that I was speeding ... come to think of it she was a blonde too [;)]

Driving blows. I tried driving a couple of times when I was 16 (my mom wanted me to get a license so I can drive myself places instead of bugging her). So I took drivers ed and took the test, failed. Took it again, failed again. After blowing a few hundred dollars on driving school and the tests, I decided that it's stupid and driving is lame. If I need to get somewhere I'll walk (or run if I need to get there in a hurry).

Cars are so gay, they're just there to compensate for your inadequacies. I don't need a car.

See, now you've done it.

Hotrod, since your new I'll assume you really don't know what SHTF means and your not jazzin me.

The acronym means Shit Hits The Fan but my words along can't explain fully what it means.
Please hit the search button up at the top and do a search, much better explanations.

Unfortunately, the laws give the right of way to the person that can see the other vehicle, not the one that cannot see due to being blocked.  This just gaurentees accidents.  I don't beleive that government has our best interest at heart.  Most parking lot speeds are 15 miles per hour.  The amount of damage and skid marks can be used to determine speed, but most cops will not do so unless someone is killed.

BB, why do you need someone else to make you feel better?

For starters, pot might mellow you down a bit. You seem a bit paranoid and easily excited.

Dude you can't be mad at the system, it's honestly setup for any numbnuts to pass.

If you are not passing, you need to study more in a different way then you have been.  

Your age shows in your replys.

In your life right now, you get to school via the small bus and to get to your friends house via your mommy.

When you actually start living an adult life, you will need a car to get you to the job that supports your life and gets you laid.
O and to the range.
Geez, kids these days. [:P]

BB,

I think you are starting to live up to your name sake.  If this is SHTF for you you will need professional help if something serious ever happens.

Sgtar15

About hitch hikers, have anyone here ever watched Jay and Silent Bob Strikes Back? Do hitch hikers really give road head like in the movie?

BTW, DrFrige, you know what they say about big cars and small men. [;D]

I don't know what it is, something about your view of things annoys me.

He swerved and hit you?  Hmmmm.  Just kidding.

What kept you from pulling back in and getting the hell out of the way?

Oh, right, I forgot.  You're a blonde bombshell.  People should give you nice cars and not look at you scary-like.  They should be aware of your specialness, which should excuse you from any bad things happening to you, even if you screw up.

Are you real?

If your Insurance company can prove there was enough room for this guy to get buy and not hit you, and he did nuthing to avoied the axident. Then he may be found at falt.  But if there are sked marks from the tires or such evadence, then no case.

Yep, they flatten small men without cars. However, do you know what they say about people unable to pass their driving test?

OH MY GOD!
When I saw this I grabbed what I could and headed for the swamps west of I-95. I have my shelter up and just shot a hog. Can I come back when she gets the 3 estimates or do I have to wait until she actually gets it back from the body shop. The batteries on this wireless might not hold out very long, but try to let me know. I knew SHTF would finally come and I was ready! If anyone else in the central Fla area needs to come out here just let me know. Bring some jerky and toilet paper, I am low on both.

I didn;t think you could be cited for an accident on private property.

If you stopped to let him go by...how did he hit you...if you were not already in the right of way?

Were your windows down and the stereo down low so you could hear oncoming traffic...as well as see it?  A roaring engine is a sure sign of an approaching danger.

Were you distracted at all by one or more conversations ongoing in your car?

Did you see the AH coming on in time to fully stop your rearward movement?

Talk it over with your insurance company...maybe they can get his to split the difference...but I doubt it.  You're probably stuck.

WADR, I don't think this makes the SHTF column.

Good Luck!

TRRRRRROOOOLLLLLL

Someone is pulling somebody's leg. I'm just not sure who the parties affected are just yet.

1) Blonde_Bombshell is pulling our leg (ie, trolling)

2) Blonde_Bombshell is pulling the legs of all blondes (ie, somebody in drag making a rather long lived blonde joke)

3) Blonde_Bombshell is pulling her own leg, and just needs to get a grip on reality.

I suspect #1 or possibly #2.

No, what do they say?  And what do they say about big men and small cars?

MurderSHO45, LMAO I just could not resist, I know what it means SHTF I just had to play along with the nieve newbie storyline. I used to post as STRIKER_316 but while this Klez virus was attacking my computer with dozens of E-Mail every day I changed my E-Mail and formated my harddrive, I wasn't able to retrieve my old user name so (forgot password) I now post with Hotrod. GOTCHYA [NI]

See BB, this poor soul is confused and could possibly die do to not being able to hang his toilet paper under OR overhand!

What have you started!!??

Yea, sure.

We beleive you newbie. [;)]

HEy, Stokes, where is that souvenior picture you got in Texas?  ROFLMAO

TheRedGoat

That they have no reason to drive in the first place?



That they can't afford larger ones?

I dunno.  I give up.  What [b]DO[/b] they say?

the_reject

I'm sure we've all had times where for some reason or another we couldn't [b]see[/b] traffic from where we were stopped - an intersection with a van parked nose-in to the curb on your right, for example. You can't see through the van, and if you pull out far enough to see [b] around[/b] the van, your front end is out in traffic, ready to get hit by someone driving too fast to stop (they could see you pull out before you could see them coming.) Backing out of a parking spot can be the same way - you can't see what's coming unless you start backing out.

ok, maybe this will shed some light on the topic.. Wanna know the estimated damages???

$5,500!!!!!

That's right folks, he wacked me good! My insurance guy says that I have a HUGE case now because there is no way he could have done that much damage wise to my car unless he was speeding excessively.. Plus he tried contacting the guy who hit me and the guy keeps making excuses why he can't give a statement.. Pretty shady I'll say.. By the way, I wasn't completely out of the space when he hit me..I was maybe 1/4 of the way out of the space..The parking lot was huge and he had the entire straightaway to drive in..He just happened to not be looking anywhere he was supposed to be, and swerved into me. I had stopped completely assuming he would just go by..Boy was I wrong!

I hope this helps some..

Well, BB, I'm glad you have at least one legal leg to stand on.  Keep in contact with your insurance company.

And see if you can go after the other guy or his insurance company for diminished value on your new car.

Call an appraiser after you get it fixed.  That'll help you in that effort.

Something else to consider, if your company does rule him as at fault, it might be easier to file the claim under your insurance.  You still won't pay your deductible, you'll get easier and better service by dealing with your own company, and they'll turn around and recoup the damages from the other guy's insurance company.

Dealing with a similar instance myself - screwball side-swiped my fiancé's car in the parking lot while she was at work.  Fortunately, an off-duty cop saw the accident and called it in.  Granted, her car is a 1981 Mercedes-Benz 240D, so there would be little-to-no diminished value.

But once we finish restoring it...

the_reject

Andrea,

   It sounds like he made no effort to avoid the accident(more like he tried to hit you)based on your account. If that's the case, you may have a claim against his insurance. That is if the scrote had insurance. Good luck.

If you've got a leg to stand on (buy and check your State Vehicle Code - you should be able to get it form DMV for a nominal fee or peruse it online) and see whether EITHER one of you actually did anything illegal...

I have a situation like this about three years ago, when my wife and I were going to the airport to leave for Honeymoon (Maui & Hawaii, not bad.)  We were on the Departures ramp at SFO, and some damn fool left her car door open INTO the #2 traffic lane, with the car sitting in the #3 traffic lane.  I was in #2 with a car behind me and a car right next to me in #1.  Couldn't swerve, couldn't stop, so I edged as far over as I could and wound up cleaning the mirror off the side of the minivan (damn, I',m glad we're quit of that thing!) on her open door.  No, no-one was even on that side of the car when this happened.  

My wife handled the other driver, as we were in  a hurry to catch our flight.

I filed the report with out provider from Maui, and was told it would be handled.

I filled out the report for the other party's provider when I got back - it showed up in the mail.

A year later, I find a claim being filed against me.  I had got no other information on this claim - even when I asked BOTH companies!  (Allstate and AAA, in case you are wondering.)

A year and a half of letters flying one way (me to both providers) shows up nothing - but I had lost my "good driver" discount and that DOUBLED my premiums!  I had also found relevant sections in CVC showing the illegality of the other party leaving the door open into traffic.

I finally catch up to someone at Allstate (our provider) and ask WTF?  Why haven't I heard anything, where is the person to whom I have been writing all these letters, why haven't I had a chance to be heard?  

"Ah, but you only have a year to contest a claim.  It's been 18 months."

"So?  Here are copies of all the letters I have been writing for the last 18 months (paper 1/2" thick) with dates.  No replies.  No comments.  Now I'm here, and 'we are not amused.'"

Conclusion - fault finally assigned where it belonged (other party) and my record cleared.  Persistence is the key...

Take from this what you will.

FFZ

Worst thing auto makers ever did.... they should have put a standard mirror and a blind spot mirror.....

Can't put my finger on it, but your dialect seems different from female writing I know.