My 2008 Honda accord sedan- WRECKED

[dennisho18]

I got into a car accident =[
Okay so on my way to school this morning i pulled up to a street that had a stop sign. and i stopped. Across the street is a road where the people are allowed to turn left. but the driver of the other car made a u-turn while i was making my right turn and we both collided. we both have front end damage. So who is at fault? please refer to picture to see what im talking about. the sign on the street does not say anything about UTURNS only left turn. PIC: http://img146.imageshack.us/img146/2319/accidentwk3.jpg

His side of the street has an arrow on the floor that just points left turn. It doesnt show u turn but theres no signs around that says no u turn either.

[Accordlover]

If they didn't have a stop sign then they had the right of way and you are at fault.

[Peniole]

Not entirely true. Since he was making a U-turn, they both have stop signs. dennisho18 has an actual stop sign, and the other guy is obliged by law (in most states) to come to a complete stop. If dennisho18 had already pulled away from the stop sign and was merging into the right lane, then the U turn guy is at fault if he didn't come to a somplete stop to check oncoming traffic (dennis had right of way if we was already part of oncoming traffic). However prooving that would be a headache to any officer. The way I see it they should both be at fault. Dennis needs to pay attention to both sides of the street if there is a break in the median, or just a painted median, and the ther guy should U-turn more carefully and not barrell the 180 in one swoop especially if there is a side street to add to the oncoming traffic.

Dennis, in this country unless you have a no U-turn sign, you are allowed to U-turn.

[jblaust]

the person who is turning right always has the right of way. Guy who was turning left across traffice must yield. That is what I think anyways.

[HondaPOD]

If they didn't have a stop sign then they had the right of way and you are at fault.

Yep, and
:worthless

[Accordlover]

Was the police called? They should've been able to assist in determining fault.

[dennisho18]

sorry for no pics but my car is at the junk yard now. =[

[dennisho18]

yes the police was called but the asshole said he couldn't determine fault. cause he wasnt there and no witness.so they didn't even have a report. cause he said a civil matter.

[leggysoe]

sorry to hear that man...
Hope your insurance rate doesn't rise too much

[native.texan]

sorry for no pics but my car is at the junk yard now. =[

Well, hopefully, it does not sound as if there were any injuries. But, since your car is at the junk yard, I'll assume that it is totalled, which, I'm sorry to see. Good luck with your insurance.

mike.

[Accordlover]

This seems pretty simple.

Look up laws regarding the turn the other driver made, and confirm who had the right of way. It sounds like he was supposed to yield. If that's the case, and then he turned but you assumed he was going to go straight, or he didn't use his blinker, etc. Then that would be your fault. Now if you left the stop sign before he was even at a point where he could turn, then he'd be at fault for not properly yielding.

Did where he come from have a light by chance? I'm referring to the yellow triangular turn thing you drew.

Also... Who hit who? If both your fronts hit each other at an angle, then it sounds like you pulled out while he was turning. That would be your fault.

[Khan]

All traffic making L-turns and U-turn have to yield to traffic...especially on major thoroughfares...infact, in most cases U-turn are illegal so I'd go on a hunt for a sign on that road which says so...

[Schu]

I have to agree, you have at last partial fault... Whick I am sure they will rule, 50/50 fault

[Schu]

Sorry to hear about your loss, really sad

[Accordlover]

Are you sure he made a U Turn?

Cause that drawing just looks like the turned from a stop on the opposite side of the street.

[parkaash]

tough luck, mate!!! sorry to hear about your accident...

i too, do hope that you won't get too high of an increase on your insurance. am just glad that no one got hurt!

[native.texan]

Are you sure he made a U Turn?

Cause that drawing just looks like the turned from a stop on the opposite side of the street.

I think the drawing may be a big confusing..... at least, to me, it is.

mike.

[nighthawkcoupe]

Sorry to hear that...
But I might as well ask what all the sedan owners are already thinking
How much are you selling your retros for? (assuming they weren't already on the car)

[dennisho18]

No, the street is split into two. the cones are the yellow stuff. they are guilding traffic to turn left and not go straight if u wanted to go str8 dont enter cone zone. and he was making a u turn. the arrow on the groud shows left turn only.

[blks2k02]

sorry to hear that...

but long as no one was injured... that's all it matters.!

do you have gap insurance?
are they gonna get you a new car or repair?

[disphoboi]

Sorry to hear that, is your car repairable?

[dennisho18]

http://img147.imageshack.us/img147/657/img00937ok6.jpg

=(:thumbsdow:thumbsdow:thumbsdow:thumbsdow:thumbsd ow:thumbsdow:thumbsdow:thumbsdow:thumbsdow:thumbsd ow:thumbsdow:thumbsdow:thumbsdow

[jeffreyhuhn]

Based on what you have said I would have detemined the other driver at fault and cited them with Failure to yeild on a left turn.

If you are turning acoss oncoming traffic you must yield, regardless of how the pavement is marked.

ACDA and Failure to yield-left turn were my two biggest tickets while I was in Patrol.

[HondaPOD]

http://img147.imageshack.us/img147/657/img00937ok6.jpg

I wish i had the pics of my wreck. Two DAYS AFTER i bought my car, it was wrecked in a parking lot. Nobody was at fault BC it was a parking lot. Did your bags deploy?

[dennisho18]

no airbag deployed and i found out the car can be repaired. after second look it doesnt seem too bad the damage cost is 4800. and thats for a new front end. and uhm i hope that you guys are right and he is at fault. because i really dont think it was my fault. all i did was turn right after looking both ways.

[dennisho18]

http://img505.imageshack.us/img505/7678/illeagluturnek0.jpg


ILLEGAL U-TURN
Never make a U-turn:

* On a divided highway by crossing a dividing section, curb, strip of land, or two sets of double lines.
* Where you cannot clearly see 200 feet in each direction because of a curve, hill, rain, fog, or other reason.
* Where a "No U-Turn" sign is posted.
* When other vehicles may hit you.
* On a one-way street.
* In front of a fire station. Never use a fire station driveway to turn around.
* In business districts. Areas with churches, apartments, multiple dwelling houses, clubs, and public buildings (except schools) are also considered to be business districts. Turn only at an intersection or where openings are provided for turns.
....

The area i was in had car shops, bart station, St. Leander church, a middle school, apartments. Marina Car Dealership.

* When other vehicles may hit you....
I was there stopped so he should assume i might hit him. SO HE IS AT FAULT!.

[03LXV6]

From the damage that I see on your car, there is no need for it to be in a junk yard. I personally would have drove home with that little damage. Did you have to pay a tow truck?

[dennisho18]

http://img237.imageshack.us/img237/1498/img00938zy0.jpg

This is where the other driver was coming from. this is the arrow that i am talking about if u look across the street on the left side that was where i was.

[dennisho18]

no, it was blocking traffic so i had a shop down the street pull it to their yard for no charge, i just picked it up and dropped it off at a body shop my insurance recommended me to. Cost: $5000~ in repair. i hope that this comes out to be his fault.

[zro26t]

Other driver's fault. With a left (or U) turn of that nature (crossing over or u-turning into the flow of oncoming traffic), that driver should have yielded. I'd get an attorney to pursue his insurance company for payment. You should not be filing b/c it'll be a claim on file with your insurance company.

Not sure where you live, but an officer (regardless of actual presence as a witness) would definitely have evaluated accounts from both parties, examined the position of cars (if not moved) & damage, and came to the determination of who was at fault. Sounds like that officer was too lazy to write a report. Judging from the damage (bent hood, damaged grille & bumper), that is DEFINITELY enough to warrant a Signal 2.

Good luck!

[dennisho18]

Yea the cop was an ass, he was all joking around with the other guy and stuff and he was just totally ignoring me he didnt even bother looking at my car until i said arent u gonna look at my damages? and he said oh yea, u. so i really dont know.

[joerockt]

http://img237.imageshack.us/img237/1498/img00938zy0.jpg

This is where the other driver was coming from. this is the arrow that i am talking about if u look across the street on the left side that was where i was.

So this is the OTHER drivers perspective, correct? I dont see a stop sign for him. Where where you making the right from?

[joerockt]

Other driver's fault. With a left (or U) turn of that nature (crossing over or u-turning into the flow of oncoming traffic), that driver should have yielded. I'd get an attorney to pursue his insurance company for payment. You should not be filing b/c it'll be a claim on file with your insurance company.

Not sure where you live, but an officer (regardless of actual presence as a witness) would definitely have evaluated accounts from both parties, examined the position of cars (if not moved) & damage, and came to the determination of who was at fault. Sounds like that officer was too lazy to write a report. Judging from the damage (bent hood, damaged grille & bumper), that is DEFINITELY enough to warrant a Signal 2.

Good luck!

And there it is, the obligatory "get an attorney" :rolleyes:

He dosent need an attorney. His insurance company will make the other guy pay, if he is indeed at fault.

[dennisho18]

there was no stop sign for the other driver. this is exactly the problem... should he have been able to bust a UTURN on a busy intersection without stopping? or was it only suppose to turn left on that street?

[joerockt]

there was no stop sign for the other driver. this is exactly the problem... should he have been able to bust a UTURN on a busy intersection without stopping? or was it only suppose to turn left on that street?

Uh, yes? You just said he didnt have a stop sign, and he was in a left turning lane. This would be the same as if your at a stop light, waiting to turn right while traffic to your right is turning left and someone make a legal u-turn. If you proceed against the red and hit that u-turner, your fault.

So, if there isnt a stop sign, and there isnt a sign that specifically says no u-turn (dont see one in the pic), and you in fact did have a stop sign, that puts you at fault.

[dennisho18]

i was already out into the intersection when he hit me. he made a wide u-turn into my lane. a U-turn is legal when the person is finishing the u-turn in the middle or the left lane. in this case he was in my lane after i completed my turn. 2nd a u-turn is not allowed when there is on-coming traffic or where theres a chance of being in an accident.

[joerockt]

i was already out into the intersection when he hit me. he made a wide u-turn into my lane. a U-turn is legal when the person is finishing the u-turn in the middle or the left lane. in this case he was in my lane after i completed my turn. 2nd a u-turn is not allowed when there is on-coming traffic or where theres a chance of being in an accident.

If you were already into your turn, how the heck did he hit you in the front?? You obviously thought he was going just turn left, and when you started to go, the guy ends up pulling the U-turn and hits you, right?

Your fault.

[dennisho18]

he hit the front right side more on the side then the front if it was the total front side of my car then yea completely my fault, but he turned into my lane when i was already out. if you look at my car it has marks on the side bumper none in front. the pressure from the impact knocked off the grill. theres marks on the side of my headlights none in the middle of the car. most of the damage is on the side of it.

[dennisho18]

and btw he was not even there when i was making my turn he admit to saying that he was following a bigger truck in front of him and did not yield.

[dennisho18]

im in the process of getting an attorney already because i believe i was doing the right thing and he made and ILLEGAL uturn. i already talked to one lawyer and he agress with me

[joerockt]

he hit the front right side more on the side then the front if it was the total front side of my car then yea completely my fault, but he turned into my lane when i was already out. if you look at my car it has marks on the side bumper none in front. the pressure from the impact knocked off the grill. theres marks on the side of my headlights none in the middle of the car. most of the damage is on the side of it.

I only see 2 lanes in the pic, how else are you suppose to make a u-turn? Of course he's going to end up in the right lane.

And you're not getting it. You had a stop sign, he didn't. Regardless of the situation of the other car, you can't proceed until its completely safe for you to do so.

Hope I'm wrong, maybe making a U-turn is a special circumstance, but I doubt it...

[joerockt]

and btw he was not even there when i was making my turn he admit to saying that he was following a bigger truck in front of him and did not yield.

It just makes zero sense to me that if I'm making a U-turn in a marked, left hand turning lane, with no signs to tell me I can't, and some guy from a STOP sign proceeds and hits me or I hit him, that it would be my fault. Just doesnt jive.

[dennisho18]

well its a turning lane not a turning or uturn lane, theres places around here that has uturn and turn lanes and its clearly marked on the ground. so your basically saying anywhere theres a left turn and theres no signs around im able to make my uturn?...

[dennisho18]

i proceeded when it was clear, and safe. because he was not yet in the turning lane when i pulled forward, when my car was in the middle of the street he was in the process of making his u turn and thats when we hit.

[KablaaaM]

The U turn, in this case can be considered a left turn. When you make a left turn, regardless of stop sign or not, you have to yield, and make sure it is safe and clear. Just because is no stop sign for the other drive does not give him/her the right to turn without making sure there is no other car in the way.

On the same token, you did have a stop sign, and it is your responsibility to make sure all traffic is clear before proceeding, from all directions.

I feel this can be ruled either way, but more likely going to be a 50/50

EDIT: Tie goes to the right turn car. The left turning car is supposed to yield to all traffic. Although still reckless on your part, you are not responsible for cars making left turns.

[native.texan]

no airbag deployed and i found out the car can be repaired. after second look it doesnt seem too bad the damage cost is 4800. and thats for a new front end. and uhm i hope that you guys are right and he is at fault. because i really dont think it was my fault. all i did was turn right after looking both ways.


That is a preliminary estimate, I would assume. Expect cost to rise once they start actually working on it. Good luck with repair.

mike.

[dennisho18]

well luckily i had full coverage on the car with collision repair so no matter what the car going to get repaired but i just hope that im not found at fault or my rates will be sky high.

[dennisho18]

if a cop did not write a report or give tickets, and i were to be found at fault. will there be penaltys placed on my D/L?

[dennisho18]

The U turn, in this case can be considered a left turn. When you make a left turn, regardless of stop sign or not, you have to yield, and make sure it is safe and clear. Just because is no stop sign for the other drive does not give him/her the right to turn without making sure there is no other car in the way.

On the same token, you did have a stop sign, and it is your responsibility to make sure all traffic is clear before proceeding, from all directions.

I feel this can be ruled either way, but more likely going to be a 50/50

EDIT: Tie goes to the right turn car. The left turning car is supposed to yield to all traffic. Although still reckless on your part, you are not responsible for cars making left turns.

How do you know about the tie thing? where the right hand turn wins?

[krazyfiend]

Sounds like that officer was too lazy to write a report.

very common occurrence for LEO's in Indiana, local & state. You almost have to insist on a report and not move any of the cars from the scene of the accident (even if creating traffic) :thumbsdow

[KablaaaM]

How do you know about the tie thing? where the right hand turn wins?

Well, because I was once the left turn car. I didn't do a U turn, but it's still the same concept. Cars that make left turns have more of a responsibility than any other vehicle. You have a strong case I believe. I would definitely get some advice though, since anything can happen.

My accident was charged 75/25 my fault.

[dennisho18]

WEll update is i just got back from talking to the lawyer and he says the case is totally up in the air right now. But luckily i had a witness from my school that came forward. so my lawyer says that just help my case about 100%. im not sure how but it does. And its going to take 2-3 weeks for the repair to be done because they said its a new model and they dont know where the parts are coming from as of yet..

[Ice]

WEll update is i just got back from talking to the lawyer and he says the case is totally up in the air right now. But luckily i had a witness from my school that came forward. so my lawyer says that just help my case about 100%. im not sure how but it does. And its going to take 2-3 weeks for the repair to be done because they said its a new model and they dont know where the parts are coming from as of yet..

Damn, now we have to wait until your car is fixed to see the retrofitted HID!!!

J/k, good luck man. Hope you get your baby back all fixed up! :)

[dennisho18]

Lol, yea im getting them to install the HID as well as fix the car and adjust the headlights.

[dennisho18]

http://img180.imageshack.us/img180/8265/image019ej0.jpg

Picture from the shop... Can u see anything wrong with it yet? :dunno:

i can..

[native.texan]

Picture from the shop... Can u see anything wrong with it yet? :dunno:

i can..

Dennis - Any update as to how the repairs are progressing. Hope no bad news.....

mike.

[dennisho18]

Last time i checked the body shop had to wait for my insurance to clear the payments for all the parts and look at the damages. the part are already in now they just have to assemble. they told me i should have my car back by next friday. HOPEFULLY itll be done and nothing wrong.