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Who is at Fault here??

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avald1046

Junior Member
What is the name of your state (only U.S. law)? NJ

I got into an accident yesterday where the driver aggressively reversed up hill when he realised he could not make the light, which did not give me
time to get out of the way. My bumper was removed and he has damage in the back door area.
I was at a complete standstill at the time.

The black line represents where cars were suppose to stop I guess to give trucks more room to turn.
https://drive.google.com/open?id=0BzkOmL0VTYJFMUlpQl9ZNXhmNkE
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NJ

I got into an accident yesterday where the driver aggressively reversed up hill when he realised he could not make the light, which did not give me
time to get out of the way. My bumper was removed and he has damage in the back door area.
I was at a complete standstill at the time.

The black line represents where cars were suppose to stop I guess to give trucks more room to turn.
If he backed it to you, then he is at fault. Proving that he backed in to you, as opposed to you rear-ending him, is going to be the tough part.
 

adjusterjack

Senior Member
What is the name of your state (only U.S. law)? NJ

I got into an accident yesterday where the driver aggressively reversed up hill when he realised he could not make the light, which did not give me
time to get out of the way. My bumper was removed and he has damage in the back door area.
I was at a complete standstill at the time.
Any witnesses?

What did the other driver say when the police showed up?

What has his insurance said to you when you made the claim against his policy?
 

avald1046

Junior Member
If he backed it to you, then he is at fault. Proving that he backed in to you, as opposed to you rear-ending him, is going to be the tough part.
Notice the direction of my bumper is towards my direction, the only way that could have happened is him backing up into me.
 

justalayman

Senior Member
Notice the direction of my bumper is towards my direction, the only way that could have happened is him backing up into me.
So why were you stopped in the other roadway?

Have you filed a claim with the other party's insurance provider? If so, there response was?
 

adjusterjack

Senior Member
Notice the direction of my bumper is towards my direction, the only way that could have happened is him backing up into me.
Avoided my questions. Nice.

Your diagram doesn't match your description of the accident:

My bumper was removed and he has damage in the back door area.
The diagram shows the corner of his bumper at the corner of your bumper. So how did his back door area get damaged?

Do you have a picture of the damage to his car?

Now answer all my questions, you know, the ones that have ? at the end of the sentences.
 

avald1046

Junior Member
Avoided my questions. Nice.

Your diagram doesn't match your description of the accident:



The diagram shows the corner of his bumper at the corner of your bumper. So how did his back door area get damaged?

Do you have a picture of the damage to his car?

Now answer all my questions, you know, the ones that have ? at the end of the sentences.
https://drive.google.com/open?id=0BzkOmL0VTYJFeDRXZExNbllkNXQwbzRGVHU2UFlYQ0I0YWYw

I replied to your questions I guess they did not post, anyway there were a few cars around that could have witnessed it
but I did not get contact info. Maybe the 711 has video of the actual accident. I am waiting on the police report to file the claim.

-I did not hear his statement but the cop told me that he said that I(me) was not sure wether he(other driver) was going to take the yellow light or not. I guess he was insinuating that I t-boned him or something.
 

Zigner

Senior Member, Non-Attorney
Since you were turning, the damage could also have been caused by you beginning your turn (thus moving to the right) before the Toyota was clear. In other words, it sure does look like you, coming from the side street, ran in to him. I hope you have witnesses, because your picture doesn't help.
 

justalayman

Senior Member
Do you have a copy of the police report? If not get one and tell
Us what it says about fault.



Have you contacted the other drivers insurance company yet?
 

avald1046

Junior Member
So why were you stopped in the other roadway?

Have you filed a claim with the other party's insurance provider? If so, there response was?
It was a driveway coming out of a shopping plaza, I was waiting on my chance to be able to make the turn.
I did not even attempt to turn since the light turned red, the driver went past me and reversed really fast when he realized he could not make the light. He reversed so fast I could not reverse in time.
I have not made the claim, waiting on the police report.
 
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justalayman

Senior Member
So, if the accident happened as you claim, how do you explain what you said;

My bumper was removed and he has damage in the back door area
How does he have damage on the side of his car and ran into your car? Does his car move sideways?
 

avald1046

Junior Member
So, if the accident happened as you claim, how do you explain what you said;



How does he have damage on the side of his car and ran into your car? Does his car move sideways?
Just to clarify, when I say back door area this includes the rear fender area since, if you notice the damage starts at the very bottom of the passenger side bumper.
 

justalayman

Senior Member
Just to clarify, when I say back door area this includes the rear fender area since, if you notice the damage starts at the very bottom of the passenger side bumper.
If I notice? How would I notice anything? I've seen neither the cars or pictures of the cars. I can't notice anything about the actual damage.
 

CdwJava

Senior Member
I see the image of the damage to the front of YOUR car. Do you have one with damage to the other car?

The problem you might have is that when entering into traffic from a driveway, you generally cannot do so until it is entirely safe to do so. An argument might be able to be made that you pulled out into traffic before it was safe to do so.

Have you reported the incident to your own insurer, yet? What have they said?
 

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