who's at fault here

[chicky46]

I was making a left turn into a residence driveway off of a main hwy. The vehicle behind me decided I wasn't going fast enough and decided to pass me just as I was making my turn. At first I didn't think my turn signal was on, but I had done it automatically because when I restarted the car to get it out of the ditch it was blinking away. No tickets were issued. The policeman said it didn't matter whether or not it was on, but the insurance companies say it does. Any ideas guys, I'm the one who got hit.
Thanks

[roopi]

so where you rear ended? :confused:

[maximus]

So you were turning left off of the highway onto a private drivway and the guy passed you on the left as you were turning left instead of passing you on the right?? If thats the case then it matters a great deal if your signal was on. If it wasn't, he was simply passing a slower moving vehicle which is legal on the highway if there were dashed lines.

[Kona9]

Sorry to hear your luck!!! Hopefully you are ok!! I probably can't help with any suggestions other than phonong around to see what other insurance companies say, or even injury or traffic lawyers. Sorry :dunno:

[ryder_23]

At legal turns off hwys, theres opening where theres no lines, before it its usually double solid(usually not always so please specify), so if he were to do this and it was double solid before, than he is 100% at fault, blinker or no blinker...isnt it considered an intersection? People hafta figure if hes slowing down a great deal, dont you think hes turning?? :dunno:

if the policeman says it doesnt matter, then the insurance company can go fuck themselves, especially if there was a police report, and the officer clearly claimed other guy was at fault


Originally posted by maximus
If it wasn't, he was simply passing a slower moving vehicle which is legal on the highway if there were dashed lines.

yes, but it has to be done safely, and you have to be sure vehicle isnt turning, sounds like guy just jumped the gun and gav'er

[maximus]

Originally posted by ryder_23
At legal turns off hwys, theres opening where theres no lines, before it its usually double solid(usually not always so please specify), so if he were to do this and it was double solid before, than he is 100% at fault, blinker or no blinker...isnt it considered an intersection?

True but it was apparently a private driveway so it may have had no solid line


Originally posted by ryder_23

yes, but it has to be done safely, and you have to be sure vehicle isnt turning, sounds like guy just jumped the gun and gav'er

True again, but I was thinking that the driver wasn't stupid enough to try and pass if the signal was on. If it was in fact on I'm sure he would have passed on the right....but you never know as there are some stupid drivers out there.

Bottom line......we need more info!! :nut:

[ryder_23]

Originally posted by maximus


True but it was apparently a private driveway so it may have had no solid line



but if it had double solid before it, he'd have to make a legal pass within 10 feet, if that, lol...MORE INFO :thumbsup:

[403Gemini]

cant answer ya, just hope your alright

which road was it on?

[Khyron]

I almost killed someone when I was 18 doing that. Flying along the highway, guy was slowing down, so I passed him on the left (double yellow, ouch). Of course he was making an illegal left turn, I was passing illegally on the left but lucky I missed him by a hair. I can still remember his expression of sheer terror (I had a chev Impalla).

If you were turning into your driveway over a solid yellow, you will get some fault (but so will he). If the road has no lines at all, or broken yellow, and your signal was on it's all his fault. If your signal was off, then he could claim he just thought you were a slow driver and passed. :thumbsdow

Khyron

[Zero102]

Well, it's like he said, when he turned it on, the signal was blinking away, so I would say it's on.
Or at least that's what I think he said.
So, unless he was turning over a double solid line, the other guy is at fault.

[chicky46]

My thanks to all of you for your imput. No I wasn't hurt, thank God. It happened in a very small rural town and there are no lines on the road. you can't pass on the right (two lane hwy ditches on both sides. All I know is that I told my insurance company that he admitted he was in a hurry and I wasn't going fast enough. Good thing I wasn't slowing down because I saw a child in the street. DUH, usually if someone is slowing down I figure it is for a reason. I think they are going to split the fault thing like someone suggested they might. I wasn't rear- ended, he hit my driver side door and left fender and pushed me in the ditch. He ended up in my friends driveway. You were all great to reply so fast. Thanks I sure am frustrated.;)

[Zero102]

Yeah, but if you had your signal light on, you could push it 100% his fault.
Even though there aren't lines, it's illegal to pass somebody on the left if they have put their left signal light on.
I think you stand a decent chance.

[trev0006]

I say its the other guys fault and not yours, specialy if you had your signal on, cars approaching from behind are usualy at fault since they have more control then you stoped or slowing down in front.