Traffic Law question...

solewoman

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In short, I was merging in to the right of way lane ( i was coming from the left and we had to merge into one lane...keep in mind this is in a parking garage).At any rate, the lady lets my car get in front (the front portion of my car) and then she speeds up and hits me. She tries to say that i hit her when clearlyshe hit me. Because when i backed up the rear of my front bumper gets pulled off slightly. When the cop came he didn't write up a report because he saidthat it was less than 1500 in damage on both cars. However it turns out that I may have to have my whole front bumper replaced because it cracked in the middleas well. There is no way I hit this lady because there is no damage what so ever to the front of my car. She is adamant that I hit her car and wants me to pay(she drives an 03 325 bmw) she was psycho. the cop almost arrested her for acting so crazy...she asked for my ssn and credit card info...i thought she wasNigerian. Insurance is saying that I am at fault because i had the greater duty to yield...this all after i had a witness and everything. On top of that theyare saying if i have at least 1% responsibility that she dosen't have to pay. My question is...do the merging/yielding laws apply in parking garages?Especially if there are no signs...only arrows?

ps. insurance gave me that judgment before they saw the pictures. So i am hoping they change their decision. What do you think my chances are nt?..i guess thatwasn't so in short was it... sorry.



Front of car:
 
Pics dont work.

Might be my end cause Im getting 2 popups when I come in this thread.

Sorry.
 
Originally Posted by SoleWoman

In short, I was merging in to the right of way lane ( i was coming from the left and we had to merge into one lane...keep in mind this is in a parking garage). At any rate, the lady lets my car get in front (the front portion of my car) and then she speeds up and hits me. She tries to say that i hit her when clearly she hit me. Because when i backed up the rear of my front bumper gets pulled off slightly. When the cop came he didn't write up a report because he said that it was less than 1500 in damage on both cars. However it turns out that I may have to have my whole front bumper replaced because it cracked in the middle as well. There is no way I hit this lady because there is no damage what so ever to the front of my car. She is adamant that I hit her car and wants me to pay (she drives an 03 325 bmw) she was psycho. the cop almost arrested her for acting so crazy...she asked for my ssn and credit card info...i thought she was Nigerian. Insurance is saying that I am at fault because i had the greater duty to yield...this all after i had a witness and everything. On top of that they are saying if i have at least 1% responsibility that she dosen't have to pay. My question is...do the merging/yielding laws apply in parking garages? Especially if there are no signs...only arrows?
Thanks for that necessary piece of information. Now that we have all the facts, we will come to a decision.
 
Originally Posted by OctobersFinest

Originally Posted by SoleWoman

In short, I was merging in to the right of way lane ( i was coming from the left and we had to merge into one lane...keep in mind this is in a parking garage). At any rate, the lady lets my car get in front (the front portion of my car) and then she speeds up and hits me. She tries to say that i hit her when clearly she hit me. Because when i backed up the rear of my front bumper gets pulled off slightly. When the cop came he didn't write up a report because he said that it was less than 1500 in damage on both cars. However it turns out that I may have to have my whole front bumper replaced because it cracked in the middle as well. There is no way I hit this lady because there is no damage what so ever to the front of my car. She is adamant that I hit her car and wants me to pay (she drives an 03 325 bmw) she was psycho. the cop almost arrested her for acting so crazy...she asked for my ssn and credit card info...i thought she was Nigerian. Insurance is saying that I am at fault because i had the greater duty to yield...this all after i had a witness and everything. On top of that they are saying if i have at least 1% responsibility that she dosen't have to pay. My question is...do the merging/yielding laws apply in parking garages? Especially if there are no signs...only arrows?
Thanks for that necessary piece of information. Now that we have all the facts, we will come to a decision.
i was kidding...she was asian. no-racial
 
^ what do you mean...? you saying it was a set-up or something?
 
also, should i bother reaching out to the cop? do you think that would influence the decision by insurance. we are both insured by geico.
 
unfortunately you are at fault. If I understand, your lane was ending(merging into the right lane) which means it is your responsibility to merge safely intothe lane. There really isnt much leeway here, you should have allowed her to pass if you had any hesitance whether you could pass her up front.
 
First off, the cops cannot refuse to write up a police report just because the damage is minimal. For starters, they aren't collision guys, so they cannotestimate the price to fix a car. On top of that, the whole point of a police report is a paper trail that records an incident. Anyone requesting a policereport of an incident where some kind of disagreement occurred has to be granted that right.

As far as the description of the accident itself goes, I can't really tell from what you said that the accident is clearly her fault. I'm not saying itis your fault, I'm just saying that I don't really understand what happened. Either way, it's going to be very hard to prove that an accident thatresulted from you merging into her lane was her fault. She had the right of way, and you would have to prove that she first yielded that right of way to youand then tried to "take it back."

Either way, good luck with it. Really sucks getting into accidents, especially when you feel you were unfairly placed with the blame.
 
She had the right of way, and you would have to prove that she first yielded that right of way to you and then tried to "take it back."
Which is exactly what she did. The traffic was bumper to bumper so in order for her to let me in with that amount of space was a clear indicationof her letting me go. 1/4th of my car was in front.
 
Nah yo...

She had the right of way.

Women driving FTL, though.
 
if anything i am hoping insurance settles and just makes both of us responsible for our own cars. she is negligent because she failed to look up before shestarted driving as well. despite the fact if she had the right of way..if my car is in front i think it is unlawful for her to be able to hit my car and getaway with it.
 
ok, it sounds like the damage to your bumper was made when you backed up into her car which meant you hit her so she's right. unless you actually felt animpact from her beforehand... but she could have just came close enough to you without touching and the damage was done when you backed up. that would make ityour fault.
 
Originally Posted by SoleWoman

if anything i am hoping insurance settles and just makes both of us responsible for our own cars. she is negligent because she failed to look up before she started driving as well. despite the fact if she had the right of way..if my car is in front i think it is unlawful for her to be able to hit my car and get away with it.


Blah....stuff like this wouldn't happen if women were a little more considerate when driving.

You could've allowed her space to get in front to avoid the collision as well as she could've.

You have to consider the safety and protection of your car when put in these situations and if you really cared about your car, you would prioritize the safetyof your car over getting in front of another driver.
 
Originally Posted by iNiNe5

ok, it sounds like the damage to your bumper was made when you backed up into her car which meant you hit her so she's right. unless you actually felt an impact from her beforehand... but she could have just came close enough to you without touching and the damage was done when you backed up. that would make it your fault.

all of you guys make valid points. i guess we will see what insurance says. and that could be the case^ but i did feel the impact. it was just so minor becausethe cars were so close.
 
Originally Posted by SoleWoman

Originally Posted by iNiNe5

ok, it sounds like the damage to your bumper was made when you backed up into her car which meant you hit her so she's right. unless you actually felt an impact from her beforehand... but she could have just came close enough to you without touching and the damage was done when you backed up. that would make it your fault.

all of you guys make valid points. i guess we will see what insurance says. and that could be the case^ but i did feel the impact. it was just so minor because the cars were so close.
in hindsight, you should not have backed up..... that added more variables to the problem. anyways, good luck to you.
 
^ thx. like i said..it is kind of a toss up. i have a witness and she dosent. so its really our word against hers.
 
just an update...turns out i won. they are taking care of all my damages under her policy.
pimp.gif
 
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