Accused of causing an accident

[Norma2503]

California

I was involved in a car accident at a malls shopping center. I was in the parking lot at a stop sign and then proceeded to drive ahead after I saw no cars coming. A BMW coming in from the Main Street into the parking lot then hit the whole side of my car. She didn’t have a stop sign on her side so it was her right to go which is why they are blaming me. BUT I did stop and didn’t see her coming in at all which is why I drove ahead, and she was coming in way too fast if not she would’ve seen that I was crossing the intersection and she would’ve been able to stop. Her insurance says that the bmw was going 5-10 miles per hour. There is no way she was driving at that speed. When she hit me she couldn’t even stop her car went all the way across the parking lot and the hit on my car looks like I was hit by a car on a freeway. Also they say they have a witness that says I didn’t stop at the stop sign which is not true and there is a video caught on the malls camera but they won’t get the video because they say they don’t need it because they have a witness. I was driving my husbands Camaro and I wasn’t under the insurance at the time so I have no one on my side. The BMWs insurance is charging me $35,000 ! I didn’t cause the accident! Do I have a case?

 

[Zigner]

From your description of the accident, you were negligent and caused the accident. You can't even speak to the other party's speed because you didn't see the other party.

I don't understand why you weren't covered under your husband's insurance and would appreciate if you could explain that further. Were you specifically excluded from his policy? Please explain...

On a related note, you are required to report this accident to the DMV (and I'm sure the other party has done so). If you really had no insurance coverage, then you WILL lose your license for a year, so it's pretty important that you figure out what's really going on with the insurance.

 

[Norma2503]

From your description of the accident, you were negligent and caused the accident. You can't even speak to the other party's speed because you didn't see the other party.

I don't understand why you weren't covered under your husband's insurance and would appreciate if you could explain that further. Were you specifically excluded from his policy? Please explain...

On a related note, you are required to report this accident to the DMV (and I'm sure the other party has done so). If you really had no insurance coverage, then you WILL lose your license for a year, so it's pretty important that you figure out what's really going on with the insurance.

From your description of the accident, you were negligent and caused the accident. You can't even speak to the other party's speed because you didn't see the other party.

I don't understand why you weren't covered under your husband's insurance and would appreciate if you could explain that further. Were you specifically excluded from his policy? Please explain...

On a related note, you are required to report this accident to the DMV (and I'm sure the other party has done so). If you really had no insurance coverage, then you WILL lose your license for a year, so it's pretty important that you figure out what's really going on with the insurance.

I was just saying that based on the damage on my car their is no way she was driving slow.
& yes I was excluded from his insurance

 

[Zigner]

I was just saying that based on the damage on my car their is no way she was driving slow.
& yes I was excluded from his insurance

Ok, she wasn't driving slow...you still pulled out in front of her.

As to the insurance...why in the WORLD were you driving knowing that you were excluded?

This is not going to end well for you.

 

[Norma2503]

Ok, she wasn't driving slow...you still pulled out in front of her.

As to the insurance...why in the WORLD were you driving knowing that you were excluded?

This is not going to end well for you.

It can continue to go as she did this and that but at the end of the day the video captured what really happened. I’m at fault according to them because “I didn’t stop” but guess what? I did and the video will show that. The video will prove that the “witness” lied and so did the driver about her speed.


I wasn’t aware that I was excluded, I thought was covered the whole time. & that was my mistake.

 

[Zigner]

It can continue to go as she did this and that but at the end of the day the video captured what really happened. I’m at fault according to them because “I didn’t stop” but guess what? I did and the video will show that. The video will prove that the “witness” lied and so did the driver about her speed.

Tell me...what is the speed limit there? I bet you can't, can you? Her speed isn't likely to be relevant except to, possibly, shift a very small percentage of the blame to her. So, let's say that the insurance agrees she's 25% at fault...now you've only got $26,250 to pay, right? Of course, her insurance isn't going to give you a 25% allowance, are they?

I wasn’t aware that I was excluded, I thought was covered the whole time. & that was my mistake.

Ok, not worth arguing with you on it. It doesn't change the fact that you WILL lose your license for a year (and then have to submit an SR-22 for a couple of years after that).

 

[Norma2503]

Tell me...what is the speed limit there? I bet you can't, can you? Her speed isn't likely to be relevant except to, possibly, shift a very small percentage of the blame to her. So, let's say that the insurance agrees she's 25% at fault...now you've only got $26,250 to pay, right? Of course, her insurance isn't going to give you a 25% allowance, are they?

Ok, not worth arguing with you on it. It doesn't change the fact that you WILL lose your license for a year (and then have to submit an SR-22 for a couple of years after that).

The point is she lied about her speed, therefore she isn’t a reliable source. I’ve had many estimators looked at my car and said there is no way she was driving at the speed she said she was. So that’s one lie. Her witness another lie. And they won’t get the video because that will determine they have been lying.

Even if the insurance agrees she’s even 10% at fault I will be DELIGHTED! I just don’t want to be 100% at fault for something that I know for sure I didn’t cause!

 

[Zigner]

The point is she lied about her speed, therefore she isn’t a reliable source. I’ve had many estimators looked at my car and said there is no way she was driving at the speed she said she was. So that’s one lie. Her witness another lie. And they won’t get the video because that will determine they have been lying.

Even if the insurance agrees she’s even 10% at fault I will be DELIGHTED! I just don’t want to be 100% at fault for something that I know for sure I didn’t cause!

Stopping is only the first half of what you are required to do at a stop sign. The next step is to wait until it is safe to proceed. You didn't do that, and that's what caused the accident.

Anyway, the POINT I'm making is that you're NOT going to be able to get the insurance company to budge and you don't have anyone in your corner.

 

[Just Blue]

What is your driving history like? Is it the reason you're excluded from hubby's insurance policy?

 

[Zigner]

Norma - what is the speed limit in a parking lot? If you have an answer for me, please let me know where in the law you found it.

 

[Norma2503]

Stopping is only the first half of what you are required to do at a stop sign. The next step is to wait until it is safe to proceed. You didn't do that, and that's what caused the accident.

Anyway, the POINT I'm making is that you're NOT going to be able to get the insurance company to budge and you don't have anyone in your corner.

So since she didn’t have a stop sign she isn’t required to check if she’s not going to crash into anyone that already made their full stop. And did she not see ME? I was already more than halfway across the intersection she came in out of no where and I didn’t see her until she hit me. She turned into the mall really fast. Just because she knows there isn’t a stop sign for her does not mean she doesn’t have to be careful.
I’m not saying I’m completely innocent. I’m saying we both had something to do with it. And the blame can’t be all on me. So what I’m hoping for is to get a lawyer to be on my corner. Help me get the video and help me not be 100% at fault .

 

[Norma2503]

What is your driving history like? Is it the reason you're excluded from hubby's insurance policy?

I just started driving. I didn’t have a license when I was excluded from his insurance. When the accident happened it had barely been 6 months that I had gotten my license.

 

[Just Blue]

I just started driving. I didn’t have a license when I was excluded from his insurance. When the accident happened it had barely been 6 months that I had gotten my license.

There is no way on earth you were unaware that you were uninsured. Thank your lucky stars you didn't cause injury/death to the other driver.

 

[Zigner]

So since she didn’t have a stop sign she isn’t required to check if she’s not going to crash into anyone that already made their full stop. And did she not see ME? I was already more than halfway across the intersection she came in out of no where and I didn’t see her until she hit me. She turned into the mall really fast. Just because she knows there isn’t a stop sign for her does not mean she doesn’t have to be careful.
I’m not saying I’m completely innocent. I’m saying we both had something to do with it. And the blame can’t be all on me. So what I’m hoping for is to get a lawyer to be on my corner. Help me get the video and help me not be 100% at fault .

Feel free to hire an attorney.

Frankly, I am appalled that you think that you aren't at fault here. You should probably take some more driving classes.

 

[Norma2503]

There is no way on earth you were unaware that you were uninsured. Thank your lucky stars you didn't cause injury/death to the other driver.

My husbands insurance covers other drivers driving his car and I thought I was included in that. I honestly didn’t know I was excluded until after the accident.