Yeah it was the parking lot near Daniels Broiler. Yeah they did, that was the first time that I went to go see them to.

 

Well you can feel better knowing that this is not a major accident.

Sorry to hear about the damage, be careful out there.

 

I could see how this would be completely my fault as, yes he did have the right of way, but I made sure that I looked both ways and the way clear. A lot of people would see this as a weak excuse but I know what I saw and the condition of the traffic that was around me. I pulled out of the parking lot very slowly and my car was only half way out before he hit me. I don't see why he couldn't have avoided me especially at the way that I was creeping out, and yes I realize thats not his responsibility, but isn't that what being a defensive driver is all about?

 

Yeah definitely, I will.

 

I am an insurance claims adjuster. Part of my job responsibility is determining who is at fault for an accident.

Sorry to say, but you are the proximate cause of the accident. The insurance company will probably put the other driver a little at fault for the accident, but the other driver had right of way. it really doesn't matter how fast they were going, if you didn't pull out the accident never would have happened. If they do put fault on the other driver for excessive speed, it will only be a max of 20% - 30%.

You should definitely go through your own collision coverage. It will be near impossible getting the other persons insurance company to put there driver as proximate cause for this accident.

 

I sympathise with you, but I'd have to agree. I'm a police officer with over 25 years in the job and when it comes to giving way, the laws in our countries are very similar.

The damage to your vehicles arn't consistent with a high speed crash, and you'd have a hell of a time proving it otherwise....unless you had photographic and expert evidence of his skids marks.

In a police report you would be listed as Unit "1", which is the main contributor of the accident. If you could prove he was speeding, at best you'd get away with 50% of costs against him.

To see a fellow RX8er the victim of these circumstances hurts.....but with a lack of evidence on the other driver...things look grim...

 

RXei8ht, Dont sweet it dude. My baby was wrecked 2 times. Yours dont look 1/2 as bad as mine did.

 

I knew from the start what was going to happen with determining whose fault it was even though I thought the opposite. I only wished that he had braked hard enough to possibly stop or even create skid marks on the road just to show how fast he was really going. I have a witness that was in the vehicle behind me that had a clear view of the accident when it happened, as he was in an SUV, and he told me the same thing; that he was going way too fast. As of now his insurance company as well as mine are still debating on who's fault it exactly was. Luckily I have a very good insurance agent that is actually concerned. I appreciate the input.

 

Yeah I knew that it was most likely going to sway his way, it just sucks because everybodys trying to prove me wrong and say "that no one just comes out of nowhere. Its rather you went out without looking or you weren't paying attention," but I was very well aware of what was going on around me.

 

Im trying not to but its hard especially when I barely had it for a year and this is the second time that something like this has happened.

 

Chances are you need to learn how to drive better if something like this has happened to you twice in a year.

Learn to take a few more seconds when pulling out anywhere because it saves hours of work later and maybe a life.
Learn to be a bit more defensive while on the road and especially in parking lots.

Remember, everyone is drunk and everyone is out to hit you.

 

We could all take a leaf out of your book...very wise words indeed....

 

kinda like how if someone were following me and i "brake-checked" it would be their fault for following too close even though it was really my fault for slamming the brakes lol...

 

Thanks for the advice. Actually the first thing that happened to me, before this accident, was COMPLETELY out of my power. I'm not that bad of a driver....

 

was the tree speeding too?

 

The rain has something to do with it...

 

Hell Yeah it was! 75 MPH of nothing but pure Washington Pine comin straight at my car!!!

 

Maybe...

 

Man dude...

 

Yep....

 

It happens to us all. There's almost no way of really avoiding it.