I have a question about car accidents/insurance.?

Question

I am from new york state, the other driver is from new jersey. The accident occured in new Jersey. The new Jersey driver struck me on the drivers side door while I was pulling out of the gas station. there were 2 lanes and the cars in the first lane stopped 2 allow me 2 pull out. The car that hit me was a block away. I have driver side door damage. The other driver has front damage and dragged my veicle a few feet. Would I be held liable for that or would the other driver be held liable for the accident? If the other driver is held liable but their insurance company refuses to pay for damages can I then take the other driver to court for costs due to the accident? A police report was filed and the cop stated that he cant specify what possibly may have happened because he wasnt there and there were no witnesses as to what occured. What advice would u give regarding the situation at hand and the answers 2 my questions.

Answer 1

My advice is report it to your insurance company and let them work out the details.  

My opinion is you will probably be paying for the damage since you were leaving private property to enter the traffic lane and had an obligation to yield to oncoming traffic.  Since a car hit you, that is a very good indicator you didn't yield to oncoming traffic.

Answer 2

Report it and let the insurance companies figure it out.  If they can't come to any agreement the claim will go to arbitration where a judge or mediator will make a decision.  If they do accept liability and you don't feel their being fair with you, your only option is representation (attorney) or small claims court.  These types of accidents are most times comparable negligence.  You have a responsibility not to enter his right of way, whether or not other vehicles in the other lanes are waiving you through.  On the other side of the coin, he (the other vehicle) also has a responsibility to slow down when approaching other vehicles that have stopped ahead (in case of an accident, pedestrians, whatever).

Answer 3

We call that "the trap".  Car stopped to waive you out. Car in next lane can't see you b/c of stopped car waiving. You can't see oncoming car b/c of same stopped car and boom.   Front end to door -- is pretty typical.

You are at fault.

You are pulling out of a parking lot. You have a duty to yield to traffic in the road way.

You did not.

Depending on the laws of your state -- some negligence may be assigned to the other driver. But the vast majority of the negligence is on you.

Answer 4

sounds like you got the "waive of death."  It's possible that you will be found 100% at fault for failure to yield the right of way.  Your adjuster will investigate and speak with everyone involved to make liability. If the insurance companies cannot agree on who is at fault they will take it to ARB (basically court for insurance companies) a panel will then review all the facts and come to a liability decision - you company will have to go off that.  You will likely have to get your car fixed though your own insurance company at 1st

Answer 5

My advice would be to let your insurance company handle the entire matter.  That is what you pay those high premiums to them for.  As long as you are insured, it shouldn't matter to you who is at fault.  Finding someone at fault is HIGHLY over-rated and is best left to insurance/cops