Fault question

[Smakman]

What is the name of your state? Missouri

I was making a left turn into my driveway when another vehicle attempted to pass on my left and hit me in the left side. It was a legal passing zone approaching a bridge. They are claiming that I wasn't signaling, which I was, but after the accident, the rear signal was only working intermittantly. The brake lights were still working properly. We have different insurance companies. My question is, signal or not, will their insurance company have grounds to claim I am at fault and will my insurance company counter? The only injuries were minor ones to the other vehicle's passengers.

 

[stephenk]

Were you making your left turn from a driving lane or from the median/left-turn lane?

 

[rmet4nzkx]

Your signal was not functioning properly, brake lites are a different thing, they mean you are braking, slowing and or stopping not necessiarly turning. You will have some fault at least.

 

[SsanB2]

huh

california;he had no reason to hit you he's at fault.

 

[Smakman]

Were you making your left turn from a driving lane or from the median/left-turn lane?

Driving lane. It's a two lane highway with a 55 mph speed limit..

 

[stephenk]

So the other driver entered the oncoming lane to try and pass you?

 

[sungod916]

Depending on what kind of car you have, you may be able to pull out the little "thingy" that makes your car signal.

I know I had one that went out on my 86 S10, and it's just a little part.

If you can pull that you could prove your signal does work.

 

[Smakman]

So the other driver entered the oncoming lane to try and pass you?

Correct. It was a legal passing zone, however. Immediately after the accident, the signal light wasn't working. The state trooper checked my lights. I went back and tapped on the signal lens, and it started working again so I am not certain whether the jolt from the impact knocked something loose or what.

 

[rmet4nzkx]

So they passed you in a legal passing lane because you had slowed down to make your turn thinking that you had signeled or that your signals were working. They had a valid reason to pass, they did so because you slowed down and your signal light wasn't working and when the trooper checked your signal light, it wasn't working, confirming what the person who hit you said, correct? You are at fault. Maybe it was intermittantly working or not, but it wasn't when the trooper checked and you should have been more observant as they approached you from behind as you began your turn. Most likely since you are used to doing the turn so frequently, you turn without thinking too much about it.

 

[Smakman]

So they passed you in a legal passing lane because you had slowed down to make your turn thinking that you had signeled or that your signals were working. They had a valid reason to pass, they did so because you slowed down and your signal light wasn't working and when the trooper checked your signal light, it wasn't working, confirming what the person who hit you said, correct? You are at fault. Maybe it was intermittantly working or not, but it wasn't when the trooper checked and you should have been more observant as they approached you from behind as you began your turn. Most likely since you are used to doing the turn so frequently, you turn without thinking too much about it.

And if it was working before the impact? Even if it was working perfectly before the accident, and I was using it, the other driver is going to claim it wasn't on regardless of whether it was or not, so does it come down to my word against theirs? I was nearly at a stop in a 55 mph zone so it seems pretty stupid to me for anyone to pass at full speed in such a situation. Of course, we aren't discussing IQ, but legalities. Will their speed be an issue? They hit me so hard it broke the king pin and mount, and wheel, in a 1 ton truck not to mention the rest of the damage. The truck is a total loss. I was looking at the driveway into which I was turning, and not to my rear where I was coming from.

 

[rmet4nzkx]

And if it was working before the impact? THAT DOESN'T MATTER, it wasn't working when the trooper looked at it.

Even if it was working perfectly before the accident, and I was using it, the other driver is going to claim it wasn't on regardless of whether it was or not, so does it come down to my word against theirs?
NO, because it is your work against them and the trooper who has objective evidence that it wasn't working.

I was nearly at a stop in a 55 mph zone so it seems pretty stupid to me for anyone to pass at full speed in such a situation.
It might seem pretty stupid to stop in the fast lane in a 55 mph zone, would you rather they slam into you from the rear? Maybe they thought you were having car trouble, an animal ran out or that you were not paying attention and zoneing out?

Of course, we aren't discussing IQ, but legalities.
Good thing too!

Will their speed be an issue? Not in a passing lane when slower traffic is supposed to stay to the right if not turning and you were not signaling a turn.

They hit me so hard it broke the king pin and mount, and wheel, in a 1 ton truck not to mention the rest of the damage. The truck is a total loss.
It could have been worse, what if you were in a smaller car, pushed into someone comming the oppisite direction, or if someone was killed or disabled?

I was looking at the driveway into which I was turning, and not to my rear where I was coming from.
That's right, you were not checking the left side of you, knowing there is a passing lane there, you have admitted you were negligent, not paying attention, and since this was YOUR driveway, you have no excuse!

What has YOUR insurance company said?

 

[Smakman]

It happened yesterday so I haven't had a chance to talk with the insurance company yet. So, basicly, you say I am at fault whether my light was working before impact or not. If so, anyone can claim that anyone's lights aren't working in most any situation and put the fault on them. If the light gets smashed in the accident, of course it won't be working afterwards. Then what? I believe my light was dislodged by the impact.

There was no slow lane. It's a two lane road. Which lane should I slow down in other than the lane I was in? The oncoming traffic lane? Or should I pull onto the shoulder and then cross two lanes instead of one? So I am at fault because I am watching where I am going?

 

[Lynx 36]

It doesn't matter if the signal was working or not. If the brake lights were working you are not liable. I've never denied a claim b/c a turn signal wasn't working. Your brake lights indicate to other drivers you are slowing or stopping so they have a duty to pay attention. It doen't matter if you were turning or not turning.

 

[Smakman]

Well, my insurance and the police report is saying that they are at fault. So much for rmet4nzkx's advice, lol.

 

[rmet4nzkx]

Well, my insurance and the police report is saying that they are at fault. So much for rmet4nzkx's advice, lol.

Well, Wondeful,
You cause an accident, you don't look to your left knowing it is a passing lane, your signal light isn't working and you luck out. Going by what you said, you were at fault, perhaps there was something else in the police report. Your insurance may say they are responsible, wait and see wht their says, it may be different.