Help - In an Accident

[APilgrim00]

Well, after reading other peoples accidents, it finally happened to me. In my brand new car :(

Btw..this happened in Houston, Texas ..just in case the law varies state to state...

I was in a school parkinglot and I was in a line of traffic heading out. Well, I was coming up on a second parking lot to the left and I was going to take a left turn into the parking lot. Well, (not signalled, something I rarely forget to do) the oncoming lane was clear. So I pulled out to the left and went to cross, and an 86 blazer plowed into me on the driver side. I was in my brand new 04 Cavalier ( my first car I bought for myself with my own money - Im devstated :( ). Well, basically, he wanted to get around everyone and get into the parking lot I was going to, and he drove around everyone else into the oncoming lane. Well, I dont normally exit that way and it seems that alot of people do it without accident. I didnt know this, I always leave on the opposite side of the building. Well, so as I was turning, I only checked for oncoming traffic like I normally do, didnt even see the blazer coming. (I remember even checking my mirror just out of habit and didnt see him, I guess he pulled out moments after I decided to turn). I got his insurance information, and he got mine, etc. I also have a witness to what happened. None of the security guards showed up, and we didnt call the police. I didnt think to, thought it was clearly his fault. First he said it wasn't his fault, saying I should have seen him. I told him, kind of smartass, that I dont normally check for vehicles driving on the wrong side of the road. And then he admitted it was his fault. So we swapped insurance, and went through them. But now Im wondering, what if he lies? Humans are capable of it. The adjuster will come out, talk to me, him, and my witness to see what happens. Im wondering, on yalls opinion, who's fault is it? I didnt see the guy coming, so it could be my fault for pulling infront of him I was told, but on the other hand, he was driving in the wrong lane trying to get ahead of people. What would you guys say? Im really worried because if his insurance wont cover it, thats alot of $ I gotta fork over to fix my car. Money I have for college. Money I cant pay. Fortunately, nothing mechanical was damaged. Just the front left panel, drivers door, and hood. It looks horrendous.

So what do you guys say? What do you think will be decided?

[dragonspider]

I would say that he is at fault... at least partially, if not fully. Parking lots have rules too. I don't know insurance law in Texas though.... In Michigan, a no-fault state, my insurance company would pay for the damages, less my deductable. I could though, under mini-tort law, pursue the amount of my deductable from his insurance company. Most insurance companies will pay this without going to court. But again, I'm not at all familiar with Texas law.

[FPS207]

In Georgia, basic traffic laws aren't enforceable on private property. Fault is determined by the insurance company. This particular case would more than likely result in either each company covering their indivdual client's vehicles or one will try to assess blame on the other and both companies may attempt to receive reimbursement from the other company. However, I am not familiar with Texas traffic law.

[M12]

I agree with FPS207, in AZ basic traffic laws aren't enforceable either. The only thing that would change this is if the driver is under the influence of alcohol or drugs, hit and run or did not meet the min. standards by exchanging information.

The insurance companies will need to sort it out.

[APilgrim00]

Yeah, thats what is happening. His insurance company is sending out an adjuster guy to assess the damages, and determine who was at fault. If he finds the other guy was, then from what they told us, they will pay for the damages. If it is my fault, then Im going to have to pay for it myself. I'd rather not have my $200/month insurance double by making a claim, plus having to pay a $1000 deductable on the damages. Im just trying to get a feel for what their guy will say. Im pretty sure he is going to be biast and try to find a way to put atleast some of the blame on me - I just hope he is honest. If anyone from Texas (maybe Txinvestigator? ;) ) knows anything else about this, please let me know