advice for my accident

[sh0ko]

Hi guys

so it finally happened.. some bastard smashed into me.. not bad... but bad enough to definetly piss a guy off

now first of all i have a question.. im doing 10-40 km in a parking lot.. and im going REALLY slow especially over speed bumps okay.. this guy started to tail gate me and almost hit me from the rear when we both turned into the parking lot.. so anyways im just minding my own business and since my cars suspension is stiff as hell i go over speed bumps bascially as slow as possible.. so anyways im trying to avoid whatever pot holes i see and as i swerve left (NOT FAR LEFT) to avoid a pot hole.. my car gets hit all the way from the rear bumper driver side to the driver door.. juist scratches all on my air duct vent, rear side panel, bumper, door and rim are all scratched to hell

now this guy gets out and hes irritated and said i was driving really hesitantly and it looked like i wanted to make a right turn and because i was in the opposing lane im at 100% fault.. i however said.. my signals were not on indiciating i was not going left OR right and going straight.. he passed me on the opposing side and for those of u who know the mcmahon parking lot those concrete barries he was only 50 cm from the side of his car too one.. thus proving he was obviously in the opposing lane trying to pass me.. i also have a witness (not for the accident) but of him saying "thats right i tried to pass you and sped up on ur left because i thought u were turning right).. however the cops told me that wouldnt mean a thing if i brought it up with insurance....

now this guy obviously initially hit me from behind and based on my knowledge... its not my fault?!

anybody wanna help me out with what i should do?

i already filed a report.. and didnt call the cops cuz this guy seemed like he was in a crazy hurry and tried to get out of it

BTW if u saw this this morning PLZ call me at 3974416 i need witnesses for this idiot

[Toms-SC]

A think a MS paint map should be in order, im lost.

[Weapon_R]

How does the guy hit your driver's side like that? +2 for a diagram

[sh0ko]

Keep in mind this drawing is not to scale (obviously) but its 2 lanes.. one for one way one for another.. thats all....so in other words imagine a solid yellow line there but in mcmahon its not drawn there

http://www.members.shaw.ca/Victa/accidnet.jpg

[Weapon_R]

looks like it would be his fault on a main road but parking lots are usually 50/50 as he could claim that you started your turn right and then tried to come back left again.

[sh0ko]

did i mention i didnt turn my signal on! haha woudl that do anything?!

[CarbonCopy]

Its obviously him at fault by reasons of idiot. But, insurance see's parking lot accidents in totally different eyes. If you were to go and explain to them that you were just trying to avoid rough road while stayin the proper lane, and he got impatient trying to pass.

I dont see why he would think your turning right, usually when ppl turn right, they go to the right side of the lane, not the left.

If anything, he shoulda thought u were turning LEFT, and tried to pass you on the right.

I could see if the lanes were narrow like you say, and he thought you were swingin out to make a wide right then got super impatient and went to the opposite lane to get past and save time.

EDIT: I think I may have encountered this idiot today!! I saw a guy near that area in a silver passat wagon (I think) with rims and blow off valve trying to get me to race him. All I could think was buddy, you put a BOV on a stock turbodeisel passat....

[sh0ko]

actualyl this was a albino looking 45+ year old fu**

[atomic]

lol everyone is missing one important factor . it wasn't on a public road so there for it's 50/50.

[Palmiros]

^^^^^



See the following thread/comments within it.
It's PRETTY MUCH the same thing as you described.
I think. Good luck.


http://forums.beyond.ca/showthread.php?s=&threadid=138479&highlight=Accident


Same scenario almost.


http://img228.imageshack.us/my.php?image=accidentrg4.png

[ricosuave]

what did the cops say when you filed the report?

[turab16]

is it legal to make/attempt a pass in parking lots??

[sh0ko]

the cops didnt say anything and even though its in a parking lot im still lost on the fact that .. are u allowed to pass somebody in a parking lot?! i remember that happened to a friend of mine some woman tried to pass him almost the same way...and he got 100% her fault.. but i dunno im still lost on this

[vietdood]

i believe passing in a parking lot applys to the same rules as passing on a single lane road. it states that the car behind can only pass if the car infront is attempting to make a turn.

[sh0ko]

and i wasnt turning period.. no signals on .. he even said "i thought u were turning right" .. then why would i be partially on the left side avoiding that pot hole

[avow]

oh man sh0ko, i cant beleive someone hit you! do you have any pics of the damage out of pure mourning interest? how badly was his car damaged?

[Annoyingrob]

I find it strange that the cops said that about the insurance. If you got a police report, and it states that you are not at fault, YOU ARE NOT AT FAULT, and it will hold up in a court of law if the insurance company tries to claim otherwise. My brother got in an accident about 2 months ago with an SL55 in a parking lot, which was not his fault, although it was a vauge circumstance. He went to the police station the next morning, and filed a report. The police ruled that it was not his fault (guy opened his door into a parking space as my brother was pullnig in), and he had zero problems with the insurance comapny. They just asked if he had a police report, and he said yes he did, and it indicates that it was not his fault.

[85regal]

as stated above parking lot accidents are 50/50

[sh0ko]

thanx guys! got a call today from his insurance! hes at 100% fault not me! nothings coming outta my pocket

[Tik-Tok]

Originally posted by sh0ko
thanx guys! got a call today from his insurance! hes at 100% fault not me! nothings coming outta my pocket

Awesome, I assumed it would be 50/50 as well since it's a private parking lot.

[Masked Bandit]

Sorry I didn't get to this thread earlier. I could have put your mind at ease as soon as this happened. A parking lot driving lane acts like a single lane road therefore the other guy will be at-fault for trying to pass. You had nothing to worry about.


For what it's worth....parking lot does not automatically result in 50/50. It's just a lot more common that the stories of the people don't match up and quite often there are no witnessess so, things go 50/50.

[ninspeed]

is your car at horton?

[DoubleLP]

I was going through a parking lot one time and I stopped for a guy backing out. Well he somehow still proceeded to back into my front drivers side fender.

He did not want me going through insurnace because he knew that he was at fault...no questions asked. So he payed for it of course.

Glad to hear that idiot got what he deserved. Trying to pass in a parking lot? Yeah....someone needs to RELAX.

[Honda_002]

pics of the damage?

[403Gemini]

Originally posted by atomic
lol everyone is missing one important factor . it wasn't on a public road so there for it's 50/50.


Originally posted by 85regal
as stated above parking lot accidents are 50/50


Im going to assume you guys heard this somewhere in your journies as a motorist, but heres a fact and dont know any better so im not going to call you fucking idiots, but let me clear one thing up: thats NOT true.

Want to argue this with me, you can talk to me, or the other broker/adjusters/appraisers on this forum.

if it WERE True, would it be fair for somebody to take their truck and run into a bunch of parked cars in a parking lot?

the ONLY time this is REMOTLY close to being true is in ontario where its deemed "no fault" and basically you look after your own repairs on go on your merry.

But i swear, next fucking idiot to say "PARKING LOT 50/50 LOL!!!!!" should be banned for spreading false (and crucial) information

[barbarian]

Parking lot speed limit is 15 by law.