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  1. #1
    Join Date
    Jun 2012
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    2

    Default Collision While Pulling Out of a Gas Station. Who's at Fault

    My question involves an injury that occurred in the state of: California.

    Here is my question. I was at a gas station and I saw a guy getting a jump start in the exit driveway (very wide driveway) so I pulled around him (to the right of him) and after a brief stop and looking both ways I pulled out to the right on the street. He must have JUST finished the jump start as I pulled out because he also pulled out and turned right just a few seconds later. As I was turning on to the street I could see his car start to roll out but it was too late. He sharply turned onto the street and smashed into my car (despite me laying on the horn at this point). He got out and started raving that it was my fault but I don't see what I could have done differently. I saw that he was parked in the exit so I think anybody would have just gone around them. If it was he who hit me (I drive an SUV by the way, not like a small car) I think he just was in a hurry and wasnt looking. Could the insurance company possible say it was my fault or nobody's fault? I have a huge deductible Im scared of getting stuck paying! Nobody was hurt, just my car.

    Any advice?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,531

    Default Re: Collision While Pulling Out of a Gas Station. Who's at Fault

    Even though you only stopped briefly, you could not go passed his car even though when you started to go passed him his hood was open, after which he had to disconnect the jumper cables, close his hood, put the jumper cables away, get into his car, then put it into gear and start moving?


    that guy must be the Flash in his spare time.

    I suspect his story will be a lot different.


    Could the insurance company possible say it was my fault or nobody's fault?
    they will get a statement from both drivers and then make the call. Yes, they can determine fault any way they see it and yes, depending on what the other driver says, they could consider you to be at fault or split it.


    Were the police called?

  3. #3
    Join Date
    Jun 2012
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    2

    Default Re: Collision While Pulling Out of a Gas Station. Who's at Fault

    Quote Quoting jk
    View Post


    Were the police called?
    No because he refused to wait. He was driving without a license and I think he really didnt want cops involved. I have no idea how he managed to close up his hood and start moving so fast but he admitted he was in the driveway getting a jump start. They must have literally finished as I approached. I still dont see how it could be my fault if he hit me, when all he had to do was look to his right and he wouldve seen me there. Clearly he wasnt looking and just darted out into the street.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,531

    Default Re: Collision While Pulling Out of a Gas Station. Who's at Fault

    if the two of you can't work it out, your insurance companies will take statements from each of you and attempt to determine fault. If they cannot and the other is insistent it is the others fault, one of you may end up suing the other.


    If it was clear the guy was involved in some activity and you were simply going around as you say, it would appear to be his fault. If he argues you simply cut beside him as he turned, it will be your fault or possibly, a shared fault.

    As I said, without the other driver's statement, it is difficult to come to any reliable conclusion.

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