This is in Seattle, Washington.
Here’s the breakdown.
1) There’s 3 lanes total. The right lane I was on was separated by double yellow line (DYL), with 2 other lanes on the other side of the DYL. I was turning into Taco Bell on the left.
2) I stopped because there was a car coming on the other side. Then I turn, just when I turn, the car at the next lane (which was facing the other direction) decides to backup for no reason. He was already stopped at a stop red stop light. When later I asked him what he was doing, the answer was “I was just backing up little bit.” This isn’t much of a response.
3) So I turn, he backs up right into my driver rear door, the door needs total replacement. You can’t open it, and now it seems that the indoor lights when turn off because of it. The front door is also slightly dented.
4) We both turn into Taco Bell to asses the damage. He asks, we don’t need to call the police right? Since no one got hurt. He just told me to trade insurance, I was thought to myself the same, but I didn’t exactly know what to do so I trusted him (very naïve of me), since he was much older (looks to be in late 50s or early 60s). Now, looking back at it, I should’ve called the police, it now seems clear to me because he has gotten into other accidents before, he even told me so. He knew exactly what to do, he knew that by calling the police, it would make my case stronger, but I didn’t know that at the time.
5) So I filed the claim with his insurance company (Progressive). I didn’t file for ours, since I knew it was clearly their fault. We did call our insurance company (All-State), they said it looked like it was their fault, so no need to file it.
6) About five days later, the local Progressive Rep called us and said that it was partially our fault. She said we were making a traffic violation because we turned on a DYL. So I looked that up, according to Washington State laws, it is legal to turn at a DYL if it the width of the two lines were less than 18 inches. So we actually went to the site and measured and took pictures. We emailed the pictures and the law. (http://www.cityofwenatchee.com/engineering_faq.htm#double yellow)
7) So she tells us she’s going to look into it. 3 Days later, she calls us back, we had to call her every hour to get her to call us back. Her argument still stands. I didn’t have a proper “look out.” Her exact words were, “you didn’t look both ways.” Which of course I did, I looked at the direction that I was suppose to look, left and right. I asked her, does she look back every time she turns even though no cars were suppose to come from that direction? She still holds strong with the argument, nothing seems to budge her.
8) Right after the accident, we had our damage assessed. It totaled over $3k. She gave her estimate today, at only $1.4k They found a used door they could use. I’m okay with that, if everything is fixed, I don’t care how much it took to fix. Here’s the thing, she said they were only liable for 50%! That got me really mad, I just told her I can’t talk because I was so furious and I’d call her back tomorrow.
9) Now maybe I need to get All-State into it, doesn’t look like I have any choices. My dad was also saying, we should take it to court.
10) The advice I need is, do any of you guys know of a law that shows that we don’t need to look back? If I can prove that, they have nothing to use against me.
11) Although, I should sue them because I’m researching and talking to them when I could be working…even though I’m self employed.
I hope this isn’t too much to read, I’d be grateful if someone can help me.
Here’s the breakdown.
1) There’s 3 lanes total. The right lane I was on was separated by double yellow line (DYL), with 2 other lanes on the other side of the DYL. I was turning into Taco Bell on the left.
2) I stopped because there was a car coming on the other side. Then I turn, just when I turn, the car at the next lane (which was facing the other direction) decides to backup for no reason. He was already stopped at a stop red stop light. When later I asked him what he was doing, the answer was “I was just backing up little bit.” This isn’t much of a response.
3) So I turn, he backs up right into my driver rear door, the door needs total replacement. You can’t open it, and now it seems that the indoor lights when turn off because of it. The front door is also slightly dented.
4) We both turn into Taco Bell to asses the damage. He asks, we don’t need to call the police right? Since no one got hurt. He just told me to trade insurance, I was thought to myself the same, but I didn’t exactly know what to do so I trusted him (very naïve of me), since he was much older (looks to be in late 50s or early 60s). Now, looking back at it, I should’ve called the police, it now seems clear to me because he has gotten into other accidents before, he even told me so. He knew exactly what to do, he knew that by calling the police, it would make my case stronger, but I didn’t know that at the time.
5) So I filed the claim with his insurance company (Progressive). I didn’t file for ours, since I knew it was clearly their fault. We did call our insurance company (All-State), they said it looked like it was their fault, so no need to file it.
6) About five days later, the local Progressive Rep called us and said that it was partially our fault. She said we were making a traffic violation because we turned on a DYL. So I looked that up, according to Washington State laws, it is legal to turn at a DYL if it the width of the two lines were less than 18 inches. So we actually went to the site and measured and took pictures. We emailed the pictures and the law. (http://www.cityofwenatchee.com/engineering_faq.htm#double yellow)
7) So she tells us she’s going to look into it. 3 Days later, she calls us back, we had to call her every hour to get her to call us back. Her argument still stands. I didn’t have a proper “look out.” Her exact words were, “you didn’t look both ways.” Which of course I did, I looked at the direction that I was suppose to look, left and right. I asked her, does she look back every time she turns even though no cars were suppose to come from that direction? She still holds strong with the argument, nothing seems to budge her.
8) Right after the accident, we had our damage assessed. It totaled over $3k. She gave her estimate today, at only $1.4k They found a used door they could use. I’m okay with that, if everything is fixed, I don’t care how much it took to fix. Here’s the thing, she said they were only liable for 50%! That got me really mad, I just told her I can’t talk because I was so furious and I’d call her back tomorrow.
9) Now maybe I need to get All-State into it, doesn’t look like I have any choices. My dad was also saying, we should take it to court.
10) The advice I need is, do any of you guys know of a law that shows that we don’t need to look back? If I can prove that, they have nothing to use against me.
11) Although, I should sue them because I’m researching and talking to them when I could be working…even though I’m self employed.
I hope this isn’t too much to read, I’d be grateful if someone can help me.