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  1. #1
    Join Date
    Aug 2010
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    4

    Default Passing on the Right Accident - Who is at Fault

    My question involves a traffic accident in the State of: California

    I was on my residential street which has one lane of traffic (one going east and another going west). I slowed down ( I didn't stop) to turn RIGHT into my driveway and I didn't signal (really bad, I know ). As I was turning RIGHT into my driveway a car comes speeding to my right side and I turned into the car. My RIGHT front side and car axle was damaged. My axle is bent in and the car is no longer drivable. The other driver had damage to the front left side and side swiped all along the left panel of her car.

    Since my car axle is bent in, it means I had already started turning right when she decided to speed up to my right side to pass me.

    After the accident, she gets out of the car screaming profanities at me saying it was my fault because I didn't signal. She said I was in the middle of the road and she THOUGHT I was making a left. Why would I be in the middle of the road where there is oncoming traffic?? That makes no sense at all. She refused to give me her insurance information because she said I HAD to pay for her car. After her sister showed up I was able to get her information.

    I feel if she was not speeding nor tailgating me, the accident would not have happened. Also, because she attempted to pass me on the right on a one lane street, she shouldn't have attempted assuming I was making a left when there was no signal. ( I will always signal from now on!)

    Who is at fault? Am I partially at fault because I did not signal? HELP!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Passing on the Right Accident - Who is at Fault

    I can see fault on both of your parts - yours for not signaling and hers for what under your narrative would be improperly passing you on the right.

  3. #3
    Join Date
    Sep 2005
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    California
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    Default Re: Passing on the Right Accident - Who is at Fault

    Quote Quoting vanillabean
    View Post
    I was on my residential street which has one lane of traffic (one going east and another going west). I slowed down ( I didn't stop) to turn RIGHT into my driveway and I didn't signal (really bad, I know ). As I was turning RIGHT into my driveway a car comes speeding to my right side and I turned into the car. My RIGHT front side and car axle was damaged. My axle is bent in and the car is no longer drivable. The other driver had damage to the front left side and side swiped all along the left panel of her car.
    You have to issues of "fault." One, if the police responded to take a report they will assign fault, the other being the fault assigned by the insurance companies. The police will assign fault to only ONE party while the insurance company may divide it proportionally.

    In any police report this would almost certainly have been the fault of the vehicle passing you on the right. How the insurance companies might hash it out is anyone's guess.

    Since you do not mention the police in this post, I am assuming you did not call them. In that case, you may have to stay in touch with your insurance representative to see how things are going to go.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Passing on the Right Accident - Who is at Fault

    You were making a right turn from the left lane, right?

    You had to be over to the left a good amount. How far?
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  5. #5

    Default Re: Passing on the Right Accident - Who is at Fault

    Where are the insurance adjusters in all this? You cannot be passed on the right assuming there is only one lane going in the direction you were traveling. When someone is yelling and screaming after an accident, the person to wait for is not a sister of an irrational woman but the police. I'm guessing this will be a split fault decision in your favor.

  6. #6
    Join Date
    Aug 2010
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    4

    Default Re: Passing on the Right Accident - Who is at Fault

    Quote Quoting cyjeff
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    You were making a right turn from the left lane, right?

    You had to be over to the left a good amount. How far?
    It is a one lane street and i slowed to turn right but I didn't stop. I was probably in the middle of the street of my lane but not near the divider line. I was not over it since that would be in the way of oncoming traffic. There were no cars parked on the street because that day was street cleaning.

    I heard from the other party's insurance saying she is telling a different story saying I was all the way to the left and I had stopped for a long time before turning right which is not true!

    I know where I live. I would not stop unless there was someone walking across the driveway, which there wasn't.

  7. #7
    Join Date
    Mar 2007
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    9,085

    Default Re: Passing on the Right Accident - Who is at Fault

    Quote Quoting vanillabean
    View Post
    It is a one lane street and i slowed to turn right but I didn't stop. I was probably in the middle of the street of my lane but not near the divider line. I was not over it since that would be in the way of oncoming traffic. There were no cars parked on the street because that day was street cleaning.

    I heard from the other party's insurance saying she is telling a different story saying I was all the way to the left and I had stopped for a long time before turning right which is not true!

    I know where I live. I would not stop unless there was someone walking across the driveway, which there wasn't.
    You were over far enough to the left for a car to pass on the right.

    That leads to the assumption that you were pretty far over.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  8. #8
    Join Date
    Aug 2010
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    4

    Default Re: Passing on the Right Accident - Who is at Fault

    I live in a residential neighborhood with a lot of car traffic going down my street. While turning into my driveway, I was definitely nearer to the right curb than I was to the left line on the road. If there was room on the right, it was barely there. Definitely not enough room for safe passing. It is wrong to assume I was far over the left side because I was not. She just plowed on through and her car slammed into my axle.

  9. #9
    Join Date
    Sep 2005
    Location
    California
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    15,067

    Default Re: Passing on the Right Accident - Who is at Fault

    Quote Quoting cyjeff
    View Post
    You were over far enough to the left for a car to pass on the right.

    That leads to the assumption that you were pretty far over.
    But, that still does not grant the lawful authority for the other driver to have passed on the right. Absent a turn signal indicating a left turn, the driver passin gon the right would have been the party most at fault had the police taken a report.

    http://www.leginfo.ca.gov/cgi-bin/di...le=21750-21759

    However, since there is no police report, the insurance company or companies will likely choose to apportion fault to at least nearly 50/50 assuming that the OP should not have been so far left and did not signal, and that the other driver should not have passed so swiftly on the right without waiting for the completed turning movement.

    Quote Quoting vanillabean
    View Post
    I live in a residential neighborhood with a lot of car traffic going down my street. While turning into my driveway, I was definitely nearer to the right curb than I was to the left line on the road. If there was room on the right, it was barely there. Definitely not enough room for safe passing. It is wrong to assume I was far over the left side because I was not. She just plowed on through and her car slammed into my axle.
    If your insurance company does not back you, you might consider pointing out the Vehicle Code to them and mentioning that state law seems to clearly indicate the other party was at fault. They may not care as they are looking at it from a different perspective, but if you have an inexperienced adjuster it might be all they need to go to bat for you.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  10. #10
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Passing on the Right Accident - Who is at Fault

    Thank you all for your advice and responses!

    I received an update today from the other party's insurance company saying they are denying 50% of my claim citing failure to obey proper and resonable lookout and signal. Does this seem correct since we were not in an intersection? 50% seems very unreasonable. I have not yet heard from my insurance company, but the last I heard several weeks ago was that it was going to go into arbitration.

    My questions are :
    If we were not in a intersection does "proper & reasonable lookout" even apply?
    My insurance company told me awhile back the claim was going to go into arbitration, does that mean the other party's insurance company had already gave them the 50% claim denial and because of that its going to arbitration?

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