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  #1  
Old 08-26-2007, 07:34 PM
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Join Date: Mar 2007
Posts: 9

Anyone know who is liable?


I live in NY, But the Accident happened in NJ. I will include as much as I can, so as to provide any chance for you to pin it on me, I want to know all the legal angles.

I was driving along behind another vehicle, when he pulled to the side of the road. the street was a two-way without a yellow line in the center, and since the vehicle was pulled over, I decided to pass him. However, since the vehicle in front was half in the driving lane and half in the parking lane, I had to cross over the imaginary lines. I checked for oncoming traffic, the blinkers of the car in front of me, and for anything else. Everything was clear, so I went ahead.

As soon as I got within 2-3 feet of the car, he puled left, Either to make a u-turn or to pull in to the driveway across the road, I'm not sure which. I hit the brakes, but it was wet and I hit his rear tire, nothing else since I was driveing a low car and he was driving an SUV. I was going about 5MPH.

He got out and after the initial fury, calmed down and admitted to not putting on his blinkers and that the scratches on his car had been there already. He took my phone numer, and after checking that there where no strage noises comming from his car, we each went on our way.

Incidentally, the was no visible damage to my car.

Two days later, the guy calls me back, saying that there are noises coming from his wheels and muffler, and there is a crack in his rear bumper. he got an estimate and the cost of the repair amounts to over 1500 dollars. He said He'll settle for 1000.

Am I reponsible for the accdent? And is it possible that the crack in the rear bumper could have been from a 5MPH tap on his rear tire (the bumper replacement he claims is $1000)?

Thanks for reading this, and for any help you can give me.
  #2  
Old 08-26-2007, 08:47 PM
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Join Date: Nov 2005
Location: South Cackalacky
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I'm not really sure. But, since you've got auto insurance, turn it over to your insurance company for their investigation.
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  #3  
Old 08-26-2007, 09:14 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,866
I don't know about that one either. Personally I would think he was at fault since you were established on the road and he was pulled over. But I'm not sure if there's a factor that I'm not considering.
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