Car accident I was cited for and placed at fault

[adjusterjack]

I haven't addressed the citation, only fault with regard to negligence law.

"not paying attention as I was crossing traffic."

I haven't found any statute that says that though I'm guessing that the statute number on your citation is 42-4-704 Vehicle entering roadway:

The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed. Any person who violates any provision of this section commits a class A traffic infraction.

Colorado Revised Statutes Section 42-4-704 (2018) - Vehicle entering roadway :: 2018 Colorado Revised Statutes :: US Codes and Statutes :: US Law :: Justia

You can fight the citation if you want but I don't see you being successful. Again, getting hit is prima facie (google it) evidence that you didn't yield. If you had yielded you wouldn't have been hit.

the Officer said "yes, and since he lied to me, I reduced you from having to go to court for a 3 point citation to deducting a point off and it being 2 points where you have to pay the $125 ticket." On the ticket, it shows "Point Deduction: 1," making it 2 points.

I don't know how an officer can change your points from 3 to 2. Failure to yield is a 3 point citation. You know (or should know) your point system better than I but I suggest checking to make sure his adjustment is legit.

 

[mobbdeep]

I don't know how an officer can change your points from 3 to 2. Failure to yield is a 3 point citation. You know (or should know) your point system better than I but I suggest checking to make sure his adjustment is legit.

I'm not sure how that works either. I'm here out of state visiting so I'm not familiar with the system here. However, on the ticket next to what he cited me for, it shows 3 points and then towards the bottom where the ticket cost is, it says "Point Deduction: 1" and then my total points is 2. I'm not home to know exactly what I was cited for but that's how explained the point deduction to me because originally on 3 points, I would have had to appear in court to explain why I was at fault but because it was reduced to 2 points, I have to pay a $125 fine (not 100% if that's the amount but it's around there).

 

[adjusterjack]

You're not a Colorado resident?

 

[quincy]

You're not a Colorado resident?

Arizona.

 

[Alice Aforethought]

You failed to yield when you started your maneuver. If you can't see well enough to safely execute the maneuver, then you don't even start it. That's driving 101.
Having said that...I understand the situation you were in and I know that it's VERY common practice to do exactly what you did. That doesn't make it right, just common.

Yes, I did it once, accepted a "Favor' to pull out and almost hit someone, he yelled at me in the post office. Never pulled that maneuver again. I've learned right-of-way is not mine nor anyone else's to give (unless a public servant by law). And I wish all the "nice people" would be more predictable instead of polite.

 

[Taxing Matters]

I'm not sure how that works either. I'm here out of state visiting so I'm not familiar with the system here. However, on the ticket next to what he cited me for, it shows 3 points and then towards the bottom where the ticket cost is, it says "Point Deduction: 1" and then my total points is 2. I'm not home to know exactly what I was cited for but that's how explained the point deduction to me because originally on 3 points, I would have had to appear in court to explain why I was at fault but because it was reduced to 2 points, I have to pay a $125 fine (not 100% if that's the amount but it's around there).

Colorado law provides for reductions in points in some instances where the driver admits the charge and pays the fine by the due date on the citation and therefore gives up going to a hearing on the charge. This in particular happens a lot with out of state drivers who, rather than being arrested on the charge and hauled to court to answer it will prefer to pay it immediately and not have to deal with going to court over it. The point reduction is thus added incentive to do that. That's what it sounds like happened here.

 

[Zigner]

Thank you for sharing the video (privately), mobbdeep. As was pointed out above, the video really makes it clear that you are at fault.

 

[quincy]

Thank you for sharing the video (privately), Alice. As was pointed out above, the video really makes it clear that you are at fault.

Alice is not the original poster. The original poster is mobbdeep.

 

[Zigner]

Alice is not the original poster. The original poster is mobbdeep.

Thank you - I've edited my post.

 

[Zigner]

What is the name of your state? Colorado

Hello,

On Sept 1st, I was involved in a car accident where I was hit head on. I was leaving Walgreens making a left hand turn across the two lanes of traffic closest to me to get to the other side of lanes and be on my way. The traffic closest to me came to a full stop as the stop lights at the 4 way intersection was red and they didn't want to block the driveway of where I was. They waived me on so I slowly proceeded coasting across checking my directionals and the center lane was all clear along with the side of traffic where I was getting to. As I got across, cleared my directionals and attempted to leave the center yellow lanes, a car riding in it for a good amount of time to pass the stopped traffic and get to the 4 way intersection, slammed on his brakes and hit me head on.

I'd like to point out that the video you shared doesn't really match your story. You state that the center lane was "all clear" as you entered it, however, when you entered the center lane at approx. 22 seconds, the red car that was approaching was about 6-7 car lengths away (in front of the "drive-thru" sign). It's apparent from the video that the lane was not clear. You were not even fully established in the center lane when the accident occurred, as you were still angled.

Also, this accident happened within 1 second of you entering the center lane and less than 3 seconds from when you left the driveway. Your description of the accident makes it apparent that your perception of time was altered. This is common for accidents, etc. In my accident (sideswiped by a truck), I felt like from the time I saw the truck pulling away from curb until he hit me was an eternity, but when I went back at a later time and drove the exact same expanse, it was less than 4 seconds.

 

[mobbdeep]

Just following up with a question here to avoid opening another thread, but basically I was assigned an adjuster from the other drivers insurance provider to get my statement and I haven't heard anything from them since I filed the claim thru his insurance company which was Sept. 2nd. My adjuster already told me my insurance isn't going to cover my damages due to having liability coverage but advised me to get the other provider to accept liability. She called me today and said she spoke to the adjuster I was assigned thru the other insurance provider and they asked what liability they're accepting for their client and she said none due her seeing it being 100% his fault and also sent the video to him to review since he hasn't spoken to me to get it and now he is supposed to reach out to me once he reviews it, which I don't know when that will be.

Fast forward a bit, I just ordered parts for my car to get it moving again and have a friend who's going to fix it because I just assumed I won't hear anything from the adjuster and I can't sit around without a car continuing to Uber every day for another month.

Now, the question I have here is assuming they call me at some point from now until my car is fixed at my expense and accept liability for the accident, would they still compensate me for the damages and whatever else or would they tell me my only option is to go to one of their body shops for repairs? Do I let them know I already repaired it or it's being repaired? How would they give me an estimate on damages without having to take it to a shop for an estimate?

I'm mainly asking because when I got side swiped years ago, they gave me the option to take it to a shop to get it fixed or cut me a check and I took the check because the damage didn't bother me.

@quincy Getting back to you about the citation, it was 1 infraction for "54-179 Taking Row On Left Turn."

 

[Zigner]

Now, the question I have here is assuming they call me at some point from now until my car is fixed at my expense and accept liability for the accident, would they still compensate me for the damages and whatever else or would they tell me my only option is to go to one of their body shops for repairs? Do I let them know I already repaired it or it's being repaired? How would they give me an estimate on damages without having to take it to a shop for an estimate?

I don't believe that the other driver's insurance is going to accept any liability.

Having said that: Assuming that the repairs are less than the value of the car, then you are entitled to the cost of those repairs. If you and a "friend" buy parts and slap them on, fully repairing the car, then you are entitled to the cost of those parts only (since you didn't pay any labor).

 

[quincy]

... @quincy Getting back to you about the citation, it was 1 infraction for "54-179 Taking Row On Left Turn."

Thanks, mobbdeep.

Here is a link to the infraction:
https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH54TRRE_ARTVIOPVE_DIV3RI-W_S54-179VETULE

Pretty straightforward.

 

[mobbdeep]

I don't believe that the other driver's insurance is going to accept any liability.

Having said that: Assuming that the repairs are less than the value of the car, then you are entitled to the cost of those repairs. If you and a "friend" buy parts and slap them on, fully repairing the car, then you are entitled to the cost of those parts only (since you didn't pay any labor).

I completely understand the chances of them not taking liability which is why I already started the process of ordering parts for my car to get it up and running. I'm not sure if I missed it but in the event that they do take liability, what does that look like in terms of the parts and labor I'm paying out of pocket? Eg. Parts come in and the car is up and running, I paid parts/labor at my own expense, is there still some sort of reimbursement they will give me based on the damages or am I SOL because I did the repairs and didn't get a proper estimate through their recommended shops? If it comes down to it where they take liability, what do I tell them (if anything) in terms of the repairs already being done/worked on?

Sorry if these questions are dumb, I've just never been in this sort of situation.

 

[adjusterjack]

it was 1 infraction for "54-179 Taking Row On Left Turn."

That's a Denver ordinance. I suggest you plead not guilty (if you haven't already paid it) because that's not what you did.

You did not make a left turn within an intersection.

You did not make a left turn into an alley, private road or driveway.

A technicality, yes, and you are still at fault for the accident, but it's a possible way of beating the ticket.