Am I at fault?

[Brad_Rush]

Here's what happened to me last Monday:

The setup at my girlfriends house is such that we need to share one parking stall for two cars, one in front of the other. I had just been downtown with her and since we had met down there after work we were in seperate cars. I ended up getting back to her place first and since I leave for work first in the morning, I waited in the street for her to show up and put her car in first. The side of the street I was on has signs reading No Parking, but it is a fairly low traffic, two lane residental road. I was sitting there for a few minutes on the side of the street, maximum five minutes, and while I was sitting there I was looking down at my phone for one reason or another. When I looked up, I saw the lady who's driveway is across the street from me backing her car into me. There was maybe a fraction of a second before I noticed this to the time she hit me and I did not think fast enough to even sound the horn. Anyway, the end result is she hit the side of my car and caused $1412 worth of damage. This was a clear, sunny day at around 6:00 PM.

Obviously I feel she is in the wrong and I am assuming she just did not look behind her when she backed out. I have not yet heard back from her insurance as to whether they will pay for my damages or not so I was curious if I am in the wrong here. Are you allowed to stop on a street that says No Parking? If you are in your car and stopped, is that considered to be parking?

[Alice S. Fuzzybutt]

I'd say she was in the wrong; she hit YOU. Granted, you were in a no parking zone but technically you were standing and not parked.

I know these things. I watched a lot of daytime court TV. Trust me on this.

[Brad_Rush]

I'd say she was in the wrong; she hit YOU. Granted, you were in a no parking zone but technically you were standing and not parked.

I know these things. I watched a lot of daytime court TV. Trust me on this.

I may need to bring you in as an expert witness. Expect a subpoena.

[Alice S. Fuzzybutt]

I may need to bring you in as an expert witness. Expect a subpoena.

Crap.

But seriously, as I understand the law (yes, from daytime TV) she hit YOU. It doesn't matter if you were illegally parked (but technically, you were standing).

I think Judge Judy would rule in your favor. And she's a touch judge.

[Brad_Rush]

Crap.

But seriously, as I understand the law (yes, from daytime TV) she hit YOU. It doesn't matter if you were illegally parked (but technically, you were standing).

I think Judge Judy would rule in your favor. And she's a touch judge.

That was my thinking as well. I guess you never know with insurance adjustors though (she has State Farm, I hear they don't pay out easily)

But at the very least I know Judge Judy would be on my side.

[Alice S. Fuzzybutt]

Good luck! I think you have a good claim. Insurance companies can be ruthless. Did you file a police report?

[Brad_Rush]

Good luck! I think you have a good claim. Insurance companies can be ruthless. Did you file a police report?

No. I probably should have but I felt bad for the lady. She looks like she lives alone, she is in her mid fifties, and I have never seen anyone come by to see her (not that I am stalking her or anything, just casual observations.) Didn't think about the implications until later when I talked to my insurance people.

Curse my bleeding heart.

[earthbrown]

Your vehicle was stationary, that means you are not at fault.

She is responsible for controlling her vehicle in motion.

first mistake, you should have called the cops.

dont make another mistake by even hinting that you are at fault with the ins company, her insurance owes you $1412

K

[Brad_Rush]

Your vehicle was stationary, that means you are not at fault.

She is responsible for controlling her vehicle in motion.

first mistake, you should have called the cops.

dont make another mistake by even hinting that you are at fault with the ins company, her insurance owes you $1412

K

I'll keep that in mind when I talk to them, thanks.

[cougarjake13]

also other than your admission here on the board no one knows how long you were parked there

so you can say your g/f was around the corner and you were waiting for her so she could go in first and you were only there a few seconds or minutes when they lady hit you

[LaBoob]

Always file a report. It's just not worth the stress of somebody refusing to pay or trying to change the story of what happened making themselves out to be an angel (we've all seen this much-recycled sitcom plot). Always assume the person is dishonest. It's just safer that way. And yes, I'm speaking from experience.

[PapaBear]

Look at it this way. It's probably not technically legal for a child to be playing in the street, but, if she had hit a kid, she would be at fault. And she is blind to a stationary car, there's a good chance she's blind to children. Maybe this will cause her to be more cautious in the future. You just may have saved a life.

[keithy_19]

Look at it this way. It's probably not technically legal for a child to be playing in the street, but, if she had hit a kid, she would be at fault. And she is blind to a stationary car, there's a good chance she's blind to children. Maybe this will cause her to be more cautious in the future. You just may have saved a life.

A thinker this man is.

[topless_mike]

filing a report is simply a record of what happened.
she could fix her car and when you make a claim, she could say "your nuts", there's no damage on my car.

[LaBoob]

filing a report is simply a record of what happened.
she could fix her car and when you make a claim, she could say "your nuts", there's no damage on my car.

Are you saying an official police record holds no water?

[Brad_Rush]

Look at it this way. It's probably not technically legal for a child to be playing in the street, but, if she had hit a kid, she would be at fault. And she is blind to a stationary car, there's a good chance she's blind to children. Maybe this will cause her to be more cautious in the future. You just may have saved a life.

There are a lot of braty kids in that neighborhood...

[Kris10]

I always file a report. I was hit by some idiot last year and now have a nice big dent on the passenger side of my car. Needless to say I kept the insurance money to pay off some other bills and left the dent to match the smaller ones.

[Dougie Brootal]

filing a report is simply a record of what happened.
she could fix her car and when you make a claim, she could say "your nuts", there's no damage on my car.

why would she notice his nuts?!? OHHHH you meant "you're"! sorry.:devil2:

[EliSnow]

I'd listen to douggrasso. He gets rear-ended all the time.

[Jujubees2]

I'd listen to douggrasso. He gets rear-ended all the time.

Yeah, but you never hear him complaining.

[Kris10]

I'd listen to douggrasso. He gets rear-ended all the time.

Doug! We have something in common! :)

[Justice4all]

I always file a report. I was hit by some idiot last year and now have a nice big dent on the passenger side of my car. Needless to say I kept the insurance money to pay off some other bills and left the dent to match the smaller ones.

She is quite right. ALWAYS file a police report...even when it is for the most mundane crap (or would seem to be)
If you were parked and she hit YOU, she is at fault but the report you file would most likely protect YOU in case she decided suddenly 'her neck hurt' from the accident.

The best person to ask this would be Chris the Cop, being he IS a police officer in NYC and all...I think he would be best qualified.

[topless_mike]

if you are a man, its always your fault.

[Dougie Brootal]

why would she notice his nuts?!? OHHHH you meant "you're"! sorry.:devil2:

I'd listen to douggrasso. He gets rear-ended all the time.

Yeah, but you never hear him complaining.

Doug! We have something in common! :)

i had a good line there! damn you guys for ruining it! i did laugh at all of you though!

[topless_mike]

Are you saying an official police record holds no water?

if its in a bucket, sure it will.



d'oh
just re-read my orig post.
wtf was i typing?

[LaBoob]

if its in a bucket, sure it will.



d'oh
just re-read my orig post.
wtf was i typing?

http://www.copts.com/english1/wp-content/jesus111007_468x591.jpg

You are forgiven.

[topless_mike]

You are forgiven.

more reasons y i like you

[Bulldogcakes]

If someone is jaywalking, thats against the law. It doesn't give you the right to plow your car into them. No matter how much you'd like to, you'd be wrong if you did it.

If someone ran a red light, thats another matter, but parking regs really shouldn't make much difference. In some states they assess fault in percentages like 60-40 or 80-20, but thats usually when you go to trial. Tell the city to give you a $25 ticket and tell the insurance to pay the $1400 damage.

[Kris10]

i had a good line there! damn you guys for ruining it! i did laugh at all of you though!

You like us..... you really, really like us :wub:

[~Katja~]

OMG, I really wanted to help... there are no paragraphs in the OP... I could not finish reading it....



maybe tomorrow when I am sober ;)

[drusilla]

fuzzy was right, you are in the clear because the sign says no parking, not no standing. so you shouldn't worry about that at all. she was at fault. file the report. make sure everything gets paid for.(or at least most of it).

[jonyrotn]

why would she notice his nuts?!? OHHHH you meant "you're"! sorry.:devil2:

I'd listen to douggrasso. He gets rear-ended all the time.

Yeah, but you never hear him complaining.

Doug! We have something in common! :)

i had a good line there! damn you guys for ruining it! i did laugh at all of you though!

Here we see the RF board members 'running the train' on their resident 'homo thug', douggrasso..Those ar tears of joy people, don't feel bad for him they're tears of joy..

[ScottFromGA]

Doug! We have something in common! :)



:wub:

[Brad_Rush]

State Farm says they will admit faiult and pay for my damages, so the end result will be I win.

In the interim, my car door now does not open from the inside or the outside handle so I need to crawl in and out from the passenger side. You wouldn't think this is a big deal but it gets annoying real quick and people stare at you like you are some kind of idiot who has not realized his car has doors on both sides.

[Furtherman]

In the interim, my car door now does not open from the inside or the outside handle so I need to crawl in and out from the passenger side. You wouldn't think this is a big deal but it gets annoying real quick and people stare at you like you are some kind of idiot who has not realized his car has doors on both sides.

Fuck 'em.... that's Dukes style!!!

[Brad_Rush]

Fuck 'em.... that's Dukes style!!!

It would be if the window would go all the way down.

[Kris10]

State Farm says they will admit faiult and pay for my damages, so the end result will be I win.

In the interim, my car door now does not open from the inside or the outside handle so I need to crawl in and out from the passenger side. You wouldn't think this is a big deal but it gets annoying real quick and people stare at you like you are some kind of idiot who has not realized his car has doors on both sides.

LOL I'd go up and ask whats wrong with you. :lol:

[LaBoob]

State Farm says they will admit faiult and pay for my damages, so the end result will be I win.

In the interim, my car door now does not open from the inside or the outside handle so I need to crawl in and out from the passenger side. You wouldn't think this is a big deal but it gets annoying real quick and people stare at you like you are some kind of idiot who has not realized his car has doors on both sides.

Been there... I feel for you.

[CountryBob]

A dog ran out in front of you - right? right?
This has worked for me a bunch of times.

[Alice S. Fuzzybutt]

my car door now does not open from the inside or the outside handle so I need to crawl in and out from the passenger side. You wouldn't think this is a big deal but it gets annoying real quick and people stare at you like you are some kind of idiot who has not realized his car has doors on both sides.

The day I registered my new [used] car I had to crawl into my old clunker through the hatch back because the lock on the passenger side finally decided to give up the ghost.

[Brad_Rush]

The day I registered my new [used] car I had to crawl into my old clunker through the hatch back because the lock on the passenger side finally decided to give up the ghost.

Ok, so it could be worse. Thanks!