Accident QCuestion

[masterh]

View post on imgur.com

My car is Red. I wanted to make a right and was at a complete stop.

This Yellow car was right next to me. She tried to either turn left or go straight to cross the main road. She got hit by a Blue just going straight. Yellow car got pushed hard, spun around and it hit my left rear quarter panel.

The insurance company said they will accept 80% of the liability.

This happened in 'June'. This Yellow car got an attorney and lied straight up. It took a while for them to figure out this simple accident even though I gave them a clear statement. (Progressive insurance)

I think they are trying to claim, I shouldn't be next to Yellow car and should've waited behind Yellow.

This neighborhood road is pretty wide.
If I try to turn left or go straight at the same spot, somebody will be on the right side. If I want to go right, somebody will be on my left side.
Nobody waits behind you unless they are going the same direction.

Can I argue about this? They can't prove who got there first but I think I gave a statement saying Yellow car was there first.

They want to do Initial Inspection of the vehicle. I know they will low ball the hell out of me when I bring it to them.
Can I just go to the body shop of my choice (reputable ones. not some shady corner shops), get an estimate and ask them to pay for it?

[Maynard]

First, sorry you got tagged by idiot drivers. But I don't think it is technically OK to double up in a lane (get next to yellow for your turn). You could argue that it is common practice if you had a bunch of photos of everybody else doing it (for a hot minute this used to work with speeding tickets out west). First I'd get a real hard core legal answer to this before you open up a can or worms (if you've already gotten 80%, you might be better off leaving it as is, rather than them deciding you are totally at fault for your damage by being in the wrong place).

[HondaRC51]

I agree with Maynard. It's still technically a single lane (regardless of how wide) and you both were beyond where the line is that yall needed to stop at. Not saying what you did was wrong. I have no doubt everyone does the same exact thing at any intersection like this one. But I believe the court would say "just because everyone else does it, doesnt mean you should". Or as every police officer would say "just because everyone else is speeding, doesnt mean you should" as they pull me over for going 10 over lol.

[Tommy-G]

As a bodyshop manager for 20+ years I am happy to assist you. I can not see the photo as the site is blocked at work but here is my take on it.

I'm assuming the 80% offer is from the other persons insurance company and not yours? If so, put the claim through your carrier and let them fight it out. You will have to pay your deductible but they will hash it out and negotiate to get your money back.

As for the estimate, every company is different. Most companies will only accept an appraisal from their staff members or approved shop. Now here's the most important part....you DO NOT want to go to their approved shop. You want to pick your own and do your research on quality work who will fight to fix your vehicle correctly. You best bet probably is finding the BMW CCRC shop closest to you as they will use all OEM parts and follow BMW repair procedures.

Feel free to let me know other info as needed or ask more questions

[overcoil]

I would talk to a lawyer.
The 80/20 offer seems so arbitrary.

[masterh]

Yeah I understand 'everyone does it!' argument won't work.

BUT I just realized she moved her car onto the main road (X mark)
So technically I was the only vehicle in that lane at the time of the collision

Let's see how the adjustor will react to my argument.

Originally Posted by HondaRC51

I agree with Maynard. It's still technically a single lane (regardless of how wide) and you both were beyond where the line is that yall needed to stop at. Not saying what you did was wrong. I have no doubt everyone does the same exact thing at any intersection like this one. But I believe the court would say "just because everyone else does it, doesnt mean you should". Or as every police officer would say "just because everyone else is speeding, doesnt mean you should" as they pull me over for going 10 over lol.

[infinitekidM2C]

If you could safely take a right, as there was sufficient space, then i dont see how you are at fault. Also, if you were simply parked right after the corner you probably would have got hit as well. Let your ins. go after the full amount. I once got reimbursed when it wasnt my fault. Didnt take that long (few months). The other company is likely to just cave in as they've got a tough hill to climb i think.

ps you're better off asking a cop on here than a lawyer. this is probably dmv 101 for them.

[Tyga11]

Your first rule of thumb is talking to any insurance adjuster. They are in it to screw you.

Hire a lawyer ASAP

[dradernh]

Originally Posted by Tyga11

Hire a lawyer ASAP

What type of lawyer would be best for a potential case like OP's: civil lit, PI, contract, or...?

[infinitekidM2C]

Originally Posted by dradernh

What type of lawyer would be best for a potential case like OP's: civil lit, PI, contract, or...?

PI. I really don't think you need a lawyer though. And if you get one you'll need to pay hourly as there's no meat here.

[UncleWede]

At least in Cali, passing on the right is allowed if room and the other vehicle is turning left.

At least when I learned the rules of the road back in '82. 100% on written, 98 on driving. I would have hit "concussion kid" when I didn't look back over my shoulder to the other side making a 3-point turn.