A car behind me crashed into my left side fender as I was making a left turn on one-lane-only street.?

Question

The street has 2 one-lane-only street divided by a median with a break halfway down the street.This person recklessly tried to pass me when I was making a left turn to park on the other side of the street. She failed to reduce speed and yield. She tried to pass me on one-lane-only street. It is obvious that it was 100% her fault. However, her insurance denied liability due to the "alleged" 10-30 % contributing factor on my side. I thought whoever hits you from behind, that person is 100 % responsible for the accident. Am I wrong??

Answer 1

As I understand it, there was one lane in each direction and she tried to go around your left side as you were turning left.

If that is correct, there are a few details that you haven't provided that would make a difference in determining fault.

Did you give proper signal for the turn? Did you signal for the required time and distance before starting your turn? Even if you activated the signal, if the bulb on the signal was burned out then you didn't give a proper signal. Put yourself in her place, if she thought you were stopping to let off a passenger it would be okay for her to pass you.

Was it legal for her to pass you in that location? Was it a no passing zone? Would she have had to cross a double yellow line to pass you?

Had you just pulled out in front of her, not leaving her enough room to stop and forcing her to go around you to try to avoid a collision?

You say you were making a left turn to park on the other side of the street. I assume you were going to turn your car around so that you could park it facing in the direction of traffic on that side of the street, since parking it the other way would be illegal.

Being hit from behind doesn't always mean that the other person is 100% responsible. There are many circumstances where the other person would have no fault at all.

In this case, if you did everything you were required to do, then yes, it is 100% her fault.

Answer 2

sadlly

its still partly your fault

considering you were also involved

Answer 3

It doesn't matter if you were turning or stationary, she is in the wrong. Whether or not you used your indicators, and I believe you did, she should have taken more care and attention.

Tell her that if her insurance doesn't pay it all, you will sue her for the difference.

Answer 4

I've been trying to tell the knotheads on this thread that being hit from behind does not make that driver 100% at fault automatically. I wonder if you are one of those drivers who for some reason has to move all the way to the right to make a left hand turn, giving the driver behind you the impression you were going to turn right,,,,,,,,,,,

Answer 5

There are time when is it not. Was your turn illegal, did you have on a turn signal things like that make a difference

Answer 6

The other drive is 100 percent at fault and yes you are correct....