Sad day indeed....wrecked the truck.

[COBALT]

Originally Posted by 68C15

5 years ago my truck got hit HARD in the RF. it pushed the frame over 2" just ahead of the X member. the local vo-tech was getting ready to do a session on frame repair and they fixed it for $25 (shop fee).

Cool, but you live in SD. In Seattle they're trying to pass a measure to impose a tax on grocery stores to charge for every plastic bag they hand out to customers. Basically if there's a way to gouge a private citizen or business with a tax, a ticket, or a higher expense they'll do it.

A repair like this - even at a shop where I know they'll not screw around and do a good job - $$$

[COBALT]

Nothing new. I called my ins. company to talk to the adjuster. I found out who that is, but had to leave him a message.

In the mean time I have to go fight U-haul now. I tried tracking down a trailer on Monday morning for that same day. They made a reservation for me, but couldn't tell me where the trailer would be, and said someone would call within the hour. I didn't have time for that so I found one locally at a local rental place. I never got a phone call.

Today I get a $50 charge from U-haul as a "cancellation fee" on my credit card. They're giving me the brush-off.

One simple accident is going to occupy every available minute I have for the next six months, and it wasn't even my fault.

[Beatcoaster]

Just be glad it is only your time that is being occupied, and no one was hurt. I got t-boned by a lady who ran a red light going 40mph in the driver side of my 2005 subaru STi, and thankfully the car saved my neck from being sheared off by her hood or eating her radiator for dinner. She was carted off in an ambulance, her car was totalled, and I walked away but eventually needed to have $35k in mri/hospital/therapy bills over the course of 8 months, but I would do anything to have my back be normal again and not have these 3 blown discs at the age of 34...In the end it's just a truck, your time, and a bit of money - but you still feel the same as you did prior to the accident...

[Stocker]

Originally Posted by COBALT

In the mean time I have to go fight U-haul now.

....They made a reservation for me, but couldn't tell me where the trailer would be, and said someone would call within the hour.

....I never got a phone call.

....Today I get a $50 charge from U-haul as a "cancellation fee" on my credit card.

U-Haul didn't call you as promised. Call your CC company, they should cancel the cancellation fee.

[big mike71]

I'm sorry to see the damage to your truck, but basically you admit in your first post it was your fault for being in the turn lane too early. I hate to say it but the person in the other car could reasonably expect that the only vehicle in that lane would be an easy to see bus or someone going slow enough to make the turn on 128st. I would love to take your side bacause your on the site and you have a nice old truck, but I can't.

[QKENUF4U]

. bummer about the truck and i think you may get the ticket dropped... good luck.... glad all where ok..

[67ChevyRedneck]

Originally Posted by big mike71

I'm sorry to see the damage to your truck, but basically you admit in your first post it was your fault for being in the turn lane too early. I hate to say it but the person in the other car could reasonably expect that the only vehicle in that lane would be an easy to see bus or someone going slow enough to make the turn on 128st. I would love to take your side bacause your on the site and you have a nice old truck, but I can't.

I've got to disagree. You can't "reasonably expect" ANYTHING while driving. If you make a turn across traffic, you had better be sure the oncoming lanes are clear. Whenever I walk across a street, I look both ways, even if I have the "walk" symbol.

[oldcarfart]

In many states turn signals are suggested used for 300 feet prior to turn, was your distance in excess of 300 feet?

[COBALT]

Originally Posted by big mike71

I'm sorry to see the damage to your truck, but basically you admit in your first post it was your fault for being in the turn lane too early. I hate to say it but the person in the other car could reasonably expect that the only vehicle in that lane would be an easy to see bus or someone going slow enough to make the turn on 128st. I would love to take your side bacause your on the site and you have a nice old truck, but I can't.

I said that because after the accident that's how it turned out, but I NEVER said the accident was my fault. At the time I interpreted the sign as where to cut in to take a right turn. After the accident if you walk to the top of the hill you can see that the line goes solid again for about 50 feed then breaks again for 130th. However, from the bottom of the hill it isn't obvious.

Latest:

U-haul gave me my money back. I finally have the claim filed after some hic-ups. I have to go get a copy of the accident report from the SPD tomorrow.

[COBALT]

Originally Posted by oldcarfart

In many states turn signals are suggested used for 300 feet prior to turn, was your distance in excess of 300 feet?

Not sure about that. The difference between where I entered traffic (where the solid white line breaks) and the actual turn is rather long. Probably longer than 300 feet - hard to tell. I'd have to measure it.

[chevy_mike]

Sorry about the truck but glad you are okay.

Looking at the pics, if I was driving this for the first time, I would assume that I would have to turn at the first corner I came to (i.e. 128th in your case). If there is a visable break in the lane due to a intersection and then the lane continues after this break, my understanding, unless marked, you must turn at the first corner or enter the lane after the break for the next intersection.

I have a similar situation right by my work, where there are left turn lane starting before an intersection, which is marked no turns. This entry is for making the left at an intersection after the first one you come to. Main thing is that it has a sign saying lane are for the 2nd intersection.

Problem is, most people don't read that and then dart into the turn lane at the last moment, after the point they should have entered the lanes. I know at times things can be confusing but it sounds like the cop wrote the right ticket.

I wish you the best of luck and hope you can recover your costs but I am betting that by the letter of the law, you were at fault.

[Longhorn Man]

the other lady has the responsability to do everything in her power to prevent getting in an accident. Just becouse a vehicle is not in the right lane, does not give her the right to plow into him. PERIOD. The fact that he was in the wrong lane has no bearing on the accident. Even if he was turning right there at 128th, his truck would have been at that same point at the same time, and the only difference woulda been his turn signal would have been on when she blowed into him.

[vectorit]

All I can say at this point after reading through this thread, is to get the best lawyer you can afford. Since your insurance company, and of course the others are looking out for themselves - NOT you.

I have been in your shoes, so I know from experience.

The irritating thing to me about auto insurance companies is that they say how they are all about helping you in your time of need, but when you truly need them they will do everything in their power to serve only the Insurance company.

You are already on the short end of the stick, since you are driving and older truck and you have been cited by the PD.

Good luck.

[70rs/ss]

She is at fault, she failed to yield, plain and simple, the ticket is bogus too, but don't confuse the ticket with at fault. Your insurance comp had better say she is at fault, she crossed three lanes to make a left turn in front of you so her fault. the straight through traffic has the right of way. I'll give you an example I hit a woman many years ago going through a yellow light. Her ins says its my fault, I run the light red (I did not get cited for the yellow light) but my ins says she saw him coming why turn in front, reguadless the color of the light! You are partly at fault in crossing on coming traffic and getting hit, even if you are at a green turn arrow! I am not positive if this is an AZ only thing, but she failed to yeild, cut and dried.


As for fighting it, do it, you were going to make a right, it is legal, maybe you were in too soon, but that doesn't give her the right to turn in front of you, was she trying to read your mind!


Fight it, and if the total it, cool, I want to retain salvage, cut me the check and fix it yourself, you have a parts truck and any decent frame shop can pull that frame horn straight for a couple hundred $$$, easy fix!

[71tahoe]

My wife was driving when we got t-boned 4 days after Christmas 2005. Toyota 4x4 ran a red light and hit us. We were in a 4x4 Kia Sorento and it took the hit pretty good. Not hard enough to deploy side airbags (if they even worked).

Anyway I'm sure it was red for him since after I told my wife to put on the brakes (still rolling) and put it in park( 5-10 secs total elapsed time from the impact) I looked up at our light and saw it turn from yellow to red. Police ticketed the other driver for running the red light (which he swears was green) and we think it will be OK.

NOT! He tells his insurance he wasn't at fault and contests the ticket. Well, we had to get a rental because climbing over the console to get in and out wasn't going to cut it. The door seal was pulled out at the top so open to the elements. This dragged on for over a month, all the time we thought his insurance was addressing it.

Court day came. He almost got out of the ticket. If I hadn't shown up to testify it would have been his word against the wife. We had pictures of the intersection showing that he was probably looking at the next set of traffic lights where he likely saw green. He basically called me a liar in that I said his light was green and mine was red. Somehow he got out of the fine and only had to pay $25 court costs but was found guilty.

About now Enterprise is wanting their car back and we get a call from his insurance saying they're denying our claim because HE TOLD THEM HE WAS FOUND NOT GUILTY!!!

A few weeks earlier we got the Arkansas Insurance Department involved. We had to go get proof of the guilty verdict, fax it (I think to both AID and his insurance) and then tell them to pay up. AID had to lean on them heavily and then they wanted to just pay the estimate and not the rental. After I explained that they drug their feet for over a month that the $1000+ rental bill was their fault and them still being raw from whatever AID said they finally cut a check.

Use your insurance company's lawyers if you can. It's her fault.

Originally Posted by QKENUF4U

no DWI here it was a DWO - DRIVING WHILE ORIENTAL.......... bummer about the truck and i think you may get the ticket dropped... good luck.... glad all where ok..

Not cool!

[COBALT]

Anyone's opinion is welcome - even if they think I'm to blame. Honestly, I don't mind because in my heart I know I didn't cause this accident. Whether or not the city of Seattle thinks I'm guilty of the infraction - that's another story.

I don't think the insurance company is going to find me at fault. Their policy holder turned left in front of oncoming traffic while failing to yield. It's hard to argue against the right-of-way here. However, if they didn't write her a citation and only wrote me one, and depending on what the accident report says the city might pick sides here - which would make me contesting my citation all that more important and more difficult to the overall accident.

I didn't know I was in the lane too early until after the accident happened. I simply thought I was in the lane at the right time. If they find me at fault for the accident that would be grossly unfair, but I'd be forced to live with it.

By the way - lets keep the asian/oriental remarks out of this please. That has nothing to do with this.

Update:

I have to go down to police headquarters downtown and get a copy of the police report today. Wish me luck. That will have all of the info in it I need.

[LONGHAIR]

Here in Ohio, the person making the left hand turn is always at fault, whether they are ticketed or not. It is the same if someone is backing-up, always at fault.
As far as signaling to turn, it is virtually impossible to follow Ohio's law in every case. You are not supposed pass a place to turn while signaling for a turn. So if you are turning into your driveway at home, you must first pass your neighbor's driveway before signaling for yours. This is not so bad in residential areas, try it out in the higher traffic business district. It is hardly enforced because it is so difficult to follow, though you might get a warning if you drive too far with your signal on.

[big mike71]

I'm not saying that I think you,re at fault, in my opinion she should have paid more attention, but in the eyes of the law I think you're screwed. Especially if you told the cop that you were turning at the next corner.

[rscam]

I have a simple thought. Put a bus in your place. Would she have been at fault? Yes. Does a bus have to turn at the first available turn as some would say you should have or can the bus travel in the lane? The sign just says you and the bus are allowed in that lane. You need to read your local laws about driving and see how long you can travel in that lane. Otherwise if the ticket doesn't say you were turning on 130th st. I would say you were turning on 128th.

[rscam]

Actually the one pic is perfect. It shows you turning on 128th and your blicker is on. Be glad you took the picture.

[COBALT]

Originally Posted by rscam

Actually the one pic is perfect. It shows you turning on 128th and your blicker is on. Be glad you took the picture.

Well I got the police report. The good news is that it isn't biased at all. It doesn't shed the light of blame on anyone, BUT it does say I was the only one cited. The reasonably good news is that it says they wrote me a ticket for failing to observe the sign. WHAT SIGN? Not sure. It doesn't say it's citing me for causing an accident, so that's good. It also clearly shows in the drawing sketch supported by my own statement that a turn on 128th wasn't possible due to the position of the vehicles when they hit. If I was turning it wouldn't have been the front of the truck that collided with the car. Plain and simple. I was traveling straight with the intention of going right past 128th.

So, I'll go contest the ticket in court. Worst case I pay the $200 and have it on my insurance for a while. It's not going to mean I'm suddenly going to become an unsafe driver in either case. I haven't had an accident ever, and the last ticket was 20+ years ago.

I'll be faxing it to my insurance company tomorrow. I also have the other driver's insurance info, so I can find out what claim they have filed.

[BB72CHEVKT]

Originally Posted by COBALT

Well I got the police report. The good news is that it isn't biased at all. It doesn't shed the light of blame on anyone, BUT it does say I was the only one cited. The reasonably good news is that it says they wrote me a ticket for failing to observe the sign. WHAT SIGN? Not sure. It doesn't say it's citing me for causing an accident, so that's good. It also clearly shows in the drawing sketch supported by my own statement that a turn on 128th wasn't possible due to the position of the vehicles when they hit. If I was turning it wouldn't have been the front of the truck that collided with the car. Plain and simple. I was traveling straight with the intention of going right past 128th.

So, I'll go contest the ticket in court. Worst case I pay the $200 and have it on my insurance for a while. It's not going to mean I'm suddenly going to become an unsafe driver in either case. I haven't had an accident ever, and the last ticket was 20+ years ago.

I'll be faxing it to my insurance company tomorrow. I also have the other driver's insurance info, so I can find out what claim they have filed.

If you think you are not at fault you need to call the other party's insurance company and file a claim. She has probably already called yours.

[COBALT]

Originally Posted by BB72CHEVKT

If you think you are not at fault you need to call the other party's insurance company and file a claim. She has probably already called yours.

Yep, that's the next step. I didn't have their insurance info until the police report.

And, no, they haven't called mine.

[Beatcoaster]

Don't try to be the knight in shining armor and fight this yourself, you will loose and your insurance rates will go up for the next 3 years costing you 100's or 1000's of dollars in monthly increases. (now couple that with a general increase in insurance rates right now across the board!)

Let me say it again...pay $300 for a lawyer, Jeannie, and have her do the fighting for you. You will not regret it... www.mucklestone.com

As an example, she got me off a Neg2 ticket for going 97 in a 55 years ago without anything more than a $350 fee on her part...nothing on my record, nothing on my insurance, nothing....

[westofb]

Once upon a time I was a cop and honestly I would have to say I would have given you both tickets. You for the lane violation and her for failing to yeild the right of way. Ignorance of the law is not an excuse. However, I do believe you could get a lawyer and get out of your ticket since the posted signs are not clear in exactly where the right turn is permitted. I think you will find that the insurance companies will establish that you both are partially at fault maybe 30/70 you/her. I am only guessing at the percentages, but most of the time, that is how they do it. My advice hire a lawyer and get out of the ticket.