Need Advice on Non-Injury

What is the name of your state (only U.S. law)? NV

I was involved in a non-injury accident in front of house two weeks ago and need some advise.

I live in an unfinished development so parking is somewhat erratic. The east side of my house faces the golf course and many windows have been blown out including my new car window ($700). There are supposed to be houses to the east and across the street from my house. My house shields my neighbors house from errant golf balls. Long story short, at times, I have to park facing west on the curb in front of my house to protect my windshield. I left my car facing west on the curb and fixed myself up for an appointment.

When I can out of my house, I looked down the street and saw my neighbor's car parked and nobody was near it. I got in my 5 speed manual car and prepared to drive, checked both of my mirrors *clear*, and turned my head and then inched away from the curb I was on. Suddenly, I see neighbor's car cutting in front of my car, on the wrong side of the road, speeding... luckily I was able to do nothing and only our cars scraped- his back driver's panel/bumper and my front passenger's panel/bumper. It freaked me out. He was intending on cutting in front of my car, driving the 25' to his house and parking his car facing the wrong way about 75' from my curbed car.

I honestly could not see him approaching as he came at an angle that created a blind spot in my mirrors. Besides, who expects a car to cut right in front of you? He even admitted to speeding and driving on the wrong side of the road. Did I mention that I have BRAKE LIGHTS that he was able to see?

We have the same insurance company

The verdict is: 70% my fault and 30% his fault. I argued with the insurance co. enough that they will not be raising my rates. They believe my story but... I have the bigger deductible and the bigger recovery for them... grhhh.... I say he was driving recklessly and put me at risk. I was making a legal crossover and he was making an illegal crossover.

Do you think this is fair?
I feel like someone hit the back of my head and stole my wallet.

What do you mean, "bigger recovery"? Your deductible doesn't go to the insurance company, it goes to the repair shop.

I agree with the fault assessment, you were pulling out of a parking space and he was already established on the road, a blind spot is not an excuse, you didn't see him and you had the greatest duty to yield. His driving on the wrong side of the road is the ONLY reason that any fault was assigned to him at all.

Thanks for your response.

He was also going about 40 in a 15 on the wrong side of the road. It was on a curve and it is his duty in this state (NRS) to make himself seen by by other drivers when driving on a crest or curve. I would say that he saw my brake lights and gunned it. He came at me at about a 30 degree angle. So, he created the blind spot and his reckless driving put me in harms way.

Recovery? The more I pay the less the insurance co. pays.

I saw him in enough time to not barrel into him but not enough to avoid the scrape.

Sorry charlie. Your argument is legally incorrect. Someone pulling onto the roadway always has the greatest duty to yield to someone already established on the roadway. His recklessness was accounted for by giving him 30% fault. And you can't prove what speed he was going anyway. But the majority of the fault HAS to go to you because he was on the road and you were not. It really is that simple.

He admitted that he was speeding to the insurance company.

Common sense would tell you not to ride up on someone in a car with the brake lights on.

Common sense and the law are not always the same thing.

If I saw him, I would have given him the right-of-way.
Last thing I want is to be in an accident.
His behavior was bad, his judgement was poor and his actions were erratic.
I did the best I could given the situation and know there is nothing else I could had done.
I believe he could had done a lot more to avoid an accident.
And it is his legal duty to do his best to avoid accidents.
He did his worst and looked what happened.
Here's what NV DOT says:
When determining who has the right-of-way, we must always remember that the idea is to use common sense and avoid collisions. Common sense indicates that someone actually has to grant the right-of-way to the other so that a collision is avoided. Of course, the law does say that the grant must be given in certain situations, but another driver should not force it. While a driver may technically have the right-of-way in a given situation, the right-of-way should not be “taken”as a right.

Bottom line is his wrongdoing does not remove or outweigh yours.

You were required to give him the right of way which means you were required to see him. "I didn't see him" is just another way of saying "I wasn't looking as carefully as I should have been". I'm not going to keep arguing with you - you have no case and you've already gotten the best outcome you can expect in this situation.

I thank you for your opinion.
I don't know if it's a legal opinion because you have yet to identify yourself as a lawyer and a lawyer is the only person who can legally give legal opinions. There used to be laws that said certain people had to sit in the back of the bus.

I couldn't see him means that I was unable to see him from the view I had.

I'm not a lawyer, I was an insurance adjuster and I know the law as it pertains to the rules of the road. Which you can't in any reasonable way compared to jim crow laws. I'm sorry I didn't tell you what you wanted to hear. Doesn't mean it's wrong.

I was joking.
In any case, you shed some light as how the adjusters based their decision.

Seems to me that at some point, the reckless behavior of the other driver would outweigh everything else. He admitted to speeding and being on the wrong side of the road. At least I was able to prove it was not possible to see him in my mirrors and it was too late to act when I did see him so they decided not to increase my rates. I just feel I have been held accountable for his bad behavior.