Right of way and insurance question

[3junebugs]

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

I was traveling out of my cul de sac onto a two lane road (one lane for each direction of traffic) which ends at a T intersection with a stop sign for for my lane. It is a straight road from the entrance of the road to the cul de sac.

On my right, there is a sign posted that allows parking from a certain distance from the corner with the stop sign. The point that parking is allowed is marked by a sign and also the double yellow line ENDS at the point they allow parking on that side of the road. Approximately 3 cars could park there before they would reach the first homes driveway.

While leaving the cul de sac, I had to travel across the imaginary middle lane to pass the two legally parked cars.

After I proceeded to pass, a car turned left from the T intersection onto the road I was traveling on. I was already passing the two parked cars. They weren't parked bumper to bumper, there was about a half a car length, not enough for my Navigator to pull into though. So I had two cars to my right and the oncoming car to my left. The oncoming car kept coming, so I figured that he had enough room to fit since I was clearly on the roadway before he even made his left turn. Well obviously not because our respective right side mirrors struck.

Based on this scenario, who is at fault? Me, him or both?

When I contacted my insurance, they said I was a contributing factor because I was in the oncoming lane at the time of the collision. And that I took a 'chance' when I crossed the imaginary line to pass the two legally parked vehicles. This baffled me because this would mean I should always fear coming out of my cul de sac! The car turning left would have a clear and unobstructed view of me exiting. He could look to his left and see me before he even made the turn. The road way is not wide enough for 3 cars. However, I do not have a clear view of vehicles that would be making turns ONTO the road because their are homes on each side. No matter what, I run the risk every time I proceed to pass parked cars that a car will turn onto the road.

If this were to occur again in the future, what is the 'right' thing to do?

Also, if I wanted to make a claim, could I just go through the other persons insurance? Or do I have to go through mine to get to his? Is it only possible to bypass my insurance if he is at fault?

Thanks!

 

[justalayman]

Well obviously not because our respective right side mirrors struck.

what country are you in? In the US, when meeting another car on the road, if you brush against each other you will damage the left side mirrors. We drive on the right side of the road so that means the left side of your car is exposed to opposite moving traffic.

 

[ecmst12]

You can claim on his insurance, they will investigate and make a determination as to fault. I would tend to agree that there was shared fault here and you were on his side of the road. If you had stopped, then you would be in a better position if he kept going and hit you anyway. But it seems like in order to avoid the collision, one of you would have had to back up.

 

[3junebugs]

what country are you in? In the US, when meeting another car on the road, if you brush against each other you will damage the left side mirrors. We drive on the right side of the road so that means the left side of your car is exposed to opposite moving traffic.

You are absolutely right. It would have been our 'other right' mirrors that struck. Brain fart.

 

[3junebugs]

You can claim on his insurance, they will investigate and make a determination as to fault. I would tend to agree that there was shared fault here and you were on his side of the road. If you had stopped, then you would be in a better position if he kept going and hit you anyway. But it seems like in order to avoid the collision, one of you would have had to back up.

I ASSumed, that since I was in the lane, he would be courteous and allow me to continue since there was plenty of time and space for him to see that I was obstructing his path.
Unfortunately that did not happen. What I finally did find states law code was

§ 21-402. Vehicle turning left or making U-turn


(a) Turning left. -- If the driver of a vehicle intends to turn to the left in an intersection or into an alley or a private road or driveway, the driver shall yield the right-of-way to any other vehicle that is approaching from the opposite direction and is in the intersection or so near to it as to be an immediate danger.

(b) U-turn. -- If the driver of a vehicle intends to turn to go in the opposite direction, the driver shall yield the right-of-way to any approaching vehicle that is so near as to be an immediate danger.

 

[ecmst12]

He wasn't turning, he had completed his turn and was on the road, at least that's how I understood your description.

 

[3junebugs]

He wasn't turning, he had completed his turn and was on the road, at least that's how I understood your description.

Yes, he had completed the turn when we collided. So you are saying that because he wasn't in the process of turning it doesn't apply? The portion I thought was relevant was "the driver shall yield the right-of-way to any other vehicle that is approaching from the opposite direction and is in the intersection or so near to it as to be an immediate danger."

I guess it all depends on what "immediate danger" means.

After completing his turn, I would have been in his lane, however, there was enough distance for from our cars after he completed the turn that we both could have stopped and either allowed me to continue, or if there wasn't enough room, for either of us to back up. We both would have room to do so. Him backing up would not have caused him to be in the intersection, but would have been more dangerous for him to than me - there was no other 'traffic' behind me and I would have been backing up to a cul de sac.

Now I know, I should have stopped and I would have backed up if he had stopped in a place that blocked my way to move forward.

Some background, this individual has threatened to cause an accident with me in the past. To say we don't get along is an understatement. If I would have known that it was him making the turn (he has a very popular mini van and color. There are at least 3 I see on an almost daily basis! and many more through out my community) I would have avoided passing him all together. In my opinion, he came at me to intimidate me and when I didn't move, he moved just in time. I honestly think he thought he had room and he just wanted to try to bully me. But didn't realize he would make contact. Oh well. Now I know for next time!

 

[ecmst12]

Neither of you were in the intersection. You were on the road. No, that part of the law does not apply to your situation.

Any time you enter the oncoming traffic lane, you are the one who needs to yield and proceed with extreme caution. Like I said, I do believe there is some shared fault in this situation, but all that means is that your insurance won't have to pay for his damage either.

 

[3junebugs]

Neither of you were in the intersection. You were on the road. No, that part of the law does not apply to your situation.

Any time you enter the oncoming traffic lane, you are the one who needs to yield and proceed with extreme caution. Like I said, I do believe there is some shared fault in this situation, but all that means is that your insurance won't have to pay for his damage either.

I forgot to mention that - I thought I had but scrolled up and realized I omitted that fact - but my insurance DID pay him for his damages. A whopping $78.78 for the repainting of his mirror and $42.45 for a day rental I have accident forgiveness, so this instance won't raise my rates. However if I were to have another claim with in five years, that one would. Which is extremely frustrating. This person did this just to be vindictive. Hence why I asked, if I filed a claim (I only had a some scuff marks, but my mirror has been on the fritz since the accident) would I have to go through my insurance? I don't want another claim and also, I have a $300 deductible. If I had to go through my insurance, I would use that $300 and get it fixed on my own. But if I can have his insurance pay, without going through my insurance, then I will go that route.

 

[ecmst12]

You can try to claim on his insurance, but they will probably deny it. Never hurts to ask though. I am surprised they paid for his damage, but since it was such a small amount they probably didn't think it was worth arguing over. So, his insurance might take the same philosophy.

 

[3junebugs]

You can try to claim on his insurance, but they will probably deny it. Never hurts to ask though. I am surprised they paid for his damage, but since it was such a small amount they probably didn't think it was worth arguing over. So, his insurance might take the same philosophy.

My issue is going to be much more than paint though. I have a power mirror with memory settings. So when I hit the key fob to enter the car, it resets my chair and mirrors to the settings programmed to my key fob. No matter what now, when get in my car, the mirror is always off. So I push the memory setting on the console of the door, and it never corrects properly. I have to either manually manipulate the mirror or use the electronic controls to get the mirror in the optimum position. No matter how many times I reprogram the memory setting, it is always completely off. The mirror is either all the way out to the left or pointing way to far up. My passenger mirror stays set in the proper setting. If the have to replace the mirror, they would have to replace the whole door.

 

[armstrong1988]

try to claim your insurance as much as possible it can help you a lot.

 

[ecmst12]

Ignore the previous useless and incorrect response.

Has a mechanic actually told you that the door would need to be replaced rather than just the electronics for the mirror? That sounds rather dubious to me.