Insurance claiming partially my fault for their driver turning into my car

[rand0mbits]

Hi All!
So I recently was in an accident in NY. I was driving on a segment of a local road, in the middle lane, and needed to make a right at the upcoming intersection. There was a commercial truck in front of me. The right lane was a right turn only lane. I merged into the right lane and since the truck was going slower than I was, I was passing the truck. Just as the front half of my car passed the truck, the driver of the truck decided to make a right turn into my vehicle, hitting my driver-side front door. Apparently, he was making a wide turn onto the Dunkin Donuts driveway that I was passing on the right of me just at that moment, and the driver didn't see me passing him.

Sounds like he drove into me and his insurance should pay for my damages. But the driver is saying that he had his right turn signal on, and his insurance is saying that because of that, I shouldn't have been passing him, and because of this, they are assigning 65% of the fault to the truck driver, but 35% of the fault to me. I don't think I saw his blinker on, but even if he did have it on - he was driving slowly and I would think he would wait to make sure his path is clear before making a turn or merging anywhere, so I was unlikely to start braking hard to wait for him to make a decision about where he was going. I see cars with blinkers on for minutes all the time before they remember about them and turn them off. Typically, if I see someone turn their blinker on to merge into my lane when we're going about the same speed, I'll definitely let them in. But if I'm going faster than them, I don't think I should start braking for every turned on blinker.

Please help, what should I do about his insurance claiming that I'm 35% at fault for this?

 

[Zigner]

Hi All!
So I recently was in an accident in NY. I was driving on a segment of a local road, in the middle lane, and needed to make a right at the upcoming intersection. There was a commercial truck in front of me. The right lane was a right turn only lane. I merged into the right lane and since the truck was going slower than I was, I was passing the truck. Just as the front half of my car passed the truck, the driver of the truck decided to make a right turn into my vehicle, hitting my driver-side front door. Apparently, he was making a wide turn onto the Dunkin Donuts driveway that I was passing on the right of me just at that moment, and the driver didn't see me passing him.

Sounds like he drove into me and his insurance should pay for my damages. But the driver is saying that he had his right turn signal on, and his insurance is saying that because of that, I shouldn't have been passing him, and because of this, they are assigning 65% of the fault to the truck driver, but 35% of the fault to me. I don't think I saw his blinker on, but even if he did have it on - he was driving slowly and I would think he would wait to make sure his path is clear before making a turn or merging anywhere, so I was unlikely to start braking hard to wait for him to make a decision about where he was going. I see cars with blinkers on for minutes all the time before they remember about them and turn them off. Typically, if I see someone turn their blinker on to merge into my lane when we're going about the same speed, I'll definitely let them in. But if I'm going faster than them, I don't think I should start braking for every turned on blinker.

Please help, what should I do about his insurance claiming that I'm 35% at fault for this?

File with your own insurance and let them duke it out, or sue the guy.

 

[rand0mbits]

File with your own insurance and let them duke it out, or sue the guy.

My insurance (GEICO) is saying that because I don't have collision coverage on my policy and they're not obligated to pay any part of this, they won't do anything about this.

I've never sued anyone. I don't know how much the repairs on my car would cost (significantly dented front door, rear door dented a little, scratches on rear quarter and a little on bumper,) but I'm concerned that I would pay more for a lawyer? I just sort of don't know anything about suing.

 

[Zigner]

You will want to get an estimate of the damage done to your vehicle - preferably 2 or 3 estimates. Then you can look in to the small claims process in your state/city.

 

[not2cleverRed]

Observation: he may have started using his turn sign after you started passing him on the right. If he hit your right driver's door, then he could not have been adequately checking the lane. Yes, trucks have blind spots - but if the mirrors are adjusted correctly, then he should have seen something as you traversed the length of his right side.

(However, please kick your habit of cutting off slower traffic that is trying to get in the right turn lane.)

 

[justalayman]

If he wasn’t in the right turn lane but turning from the next lane over, it doesn’t matter if he had a turn signal on or not. He was not in control of the turn lane and doesn’t get to take control by using his turn signal nor force.

He either needed to take control of the turn lane or wait until the person in control of the lane gave him permission to enter in front of them. Truckers will often straddle two lanes if they need to make a wide turn so as to make claim to both lanes. If he didn’t do that, I don’t see it as your fault at all

 

[rand0mbits]

(However, please kick your habit of cutting off slower traffic that is trying to get in the right turn lane.)

I don't have a habit of cutting anyone off. If it's not very inconvenient for me to let someone enter my lane, I gladly do so. If I think someone is having a hard time entering my lane, I will slow down and let them in, because I'm not a jerk. But I don't think it's sensible to brake for every turn signal. If you're turning or changing lanes, it's your responsibility to make sure your maneuver is safe.

 

[Zigner]

Here's how the other guy's insurance is looking at it: The truck made every effort to ensure it was safe and then started his turn while, at the same time, you ignored the turn signal and darted out from behind the truck in an effort to pass the truck on the right hand side.

 

[justalayman]

Here's how the other guy's insurance is looking at it: The truck made every effort to ensure it was safe and then started his turn while, at the same time, you ignored the turn signal and darted out from behind the truck in an effort to pass the truck on the right hand side.

Doesn’t mattter. A turn signal does not create an enforcable right. It’s closer to requesting permission which another driver is not obligated to extend. If the truck driver wasn’t aware of their surroundings, the fault is on them.

 

[Zigner]

Doesn’t mattter. A turn signal does not create an enforcable right. It’s closer to requesting permission which another driver is not obligated to extend. If the truck driver wasn’t aware of their surroundings, the fault is on them.

I'm explaining the reason the insurance is assigning part of the blame on the OP. They feel that the OP shares some of the blame because the OP could have avoided the accident.

 

[justalayman]

I'm explaining the reason the insurance is assigning part of the blame on the OP. They feel that the OP shares some of the blame because the OP could have avoided the accident.

It’s not clear the op could have avoided the accident and realistically, it doesn’t matter if they could. If they had control of the lane the onus is upon the driver wanting to enter the right lane to ensure they had a clear path.

 

[Zigner]

It’s not clear the op could have avoided the accident and realistically, it doesn’t matter if they could. If they had control of the lane the onus is upon the driver wanting to enter the right lane to ensure they had a clear path.

Preaching to the choir - I'm just pointing out the insurance company's position.

 

[FlyingRon]

You made an illegal passing maneuver. There's no "control of the lane" nonsense when you're breaking the law to begin with. Now the had a responsibility as well, but the poster wasn't blameless.

 

[justalayman]

How was there an illegal passing move? The op moved into a right turn lane with the intent of turning right. I’ve never seen a prohibition of passing slower traffic in another lane. Then truck turned into the op.

 

[HighwayMan]

It's perfectly okay to pass on the right when it's a multi-lane road.

I can't see how the OP has any fault at all here.