Flabergasted by the verdict of my car accident?

Question

Hi - please help me out with advice. I got into my first accident ever driving ( in my late 20's). I was on a one lane road (one lane each way). I was about to go into a parallel parking spot head first (because there were 3 parallel, metered parking spots to my right). So as I turn into the spot, a motorcycle was on my right and I struck him with my car. He hit my front door panel. My Buick has a dent but his bike was nearly totaled. Thankfully it wasn't fast because I was slowing down to get into a parking spot.

Everyone told me not to worry, that he illegally tried to pass me on my right. It was a one lane road - he should have been behind me or in front of me, not beside me.

Get a letter from his ins. co. telling me that it was my fault because I 'passed' him at the prev. intrsction. How did I pass him when he should have been behind me or in front of me?? I was doing 10 mph tops, because I was at a light...went half a block down the street..to the spot. Help!

Answer 1

You should have looked in your mirrors before moving to the right.  No argument it is your fault if you moved when a vehicle was near enough to collide with you.  Hope the bike rider is OK.

Answer 2

Don't be jaded... his insurance company is just trying to intimidate you, and these are all allegations at this point.  Contact your insurance company, give your version of the story and let them do the talking between them.  Most insurance companies would rather settle things out of court. (i am in a similar predicament at the moment -- understand that it's really hard not to worry!!)

He is passing you on your right and that is poor judgement.  You're right, the bike should have been either behind you or in front of you as it is a one lane road!  But insurance companies will never admit liability at the first instance.  Best of luck!!

Answer 3

I've been told by numerous cops (friends) and insurance companies, If at all possible stay the h**l away from any two wheeler.  Especially if you're in a 4 wheeler or more.  Because you are bigger, IT IS ALWAYS YOUR FAULT!  I suggest getting a lawyer.  Were there NOT any witnesses?

Answer 4

The other guy's insurance company is always going to try to blame you for the accident, because they don't want to have to pay to get your car repaired.  Even so, it seems to be a really big stretch to blame you while the motorcycle was making an illegal pass on your right.

Talk to your insurance company to see if they will support you in this matter.  If not, it's time to get a lawyer (and a new insurance company)

Good Luck!

Answer 5

To start with was there no police report written up? If not then that was big mistake. I have heard horror stories about people getting screwed because there was no police report. It becomes your word against his and is very difficult to resolve. If there is a police report then you can refer the insurance company to that. If not then a lawyer will most likely be the best way to go. Next point is that these insurance companies will send these letters out right away in a hope to catch the people who will not fight it. They obviously don't want to shell out any more money than they have to and aren't always as honest as they should be in the ways they go about doing it. Contact the police and your lawyer and do it fast! The more time that passes the harder it will be to get things going in your direction.

Answer 6

The letter is from HIS insurance co..get a lawyer.

Answer 7

A letter from his insurance company isn't a verdict - they are protecting their client so of course they're going to say it was your fault.  You need to have your insurance company fight it out with his - what you did or didn't do prior to the accident  has nothing to do with where he was at the time the accident occurred.  He was passing you on the right - he shouldn't have been there, period.   If you don't have insurance (god help you) then you may need to go to court over this and get it settled. DO NOT SIGN ANYTHING, DO NOT SPEAK TO HIS INSURANCE COMPANY and don't accept any form of liability on this.

Answer 8

well, you could always get a lawyer.

Answer 9

What did your insurance company have to say because they will need to investigate this as well.