update on my accident
01-29-06, 01:56 PM
#1
Lexus Champion
Thread Starter
iTrader: (2)
Join Date: Aug 2004
Location: Pennsylvania
Posts: 2,134
Likes: 0
Received 0 Likes
on
0 Posts
update on my accident
I'm pretty pissed off at the moment.
My insurance company called and told me that I was at fault in the accident in the parking lot of the McDonald's which happened Dec. 16th.
This is how it went. The parking lots are at an angle alond side of the McDonald's. They're angled so that the cars coming in through the entrance can easily park into them. Anyways, the
"entrance" lane is labled with three arrows each stating the direction of expected travel. In other words, they're a one way. All three arrows (two at the entrance from the street and on in the middle of the lane with a "THRU TRAFFIC" label) point in the same direction.
The exit is located on the OTHER SIDE of the building. You have to go all the way around in order to exit.
So I was pulling out from one of the angled lots. I go to this McDonald's often because my school is only about a block away. And I've learned that the lane is one way. So as I was pulling out, I looked over my LEFT shoulder to see if there were any cars coming. There was no reason for me to look over my right because A. That would not have given me a clear view of the cars coming in through the entrance and B. There should be no cars coming from that way ANYWAY.
Well luck was not on my side. The other party was driving the WRONG WAY, against the indictated arrows. We made contact and he ended up tearing off my QUEST rear.
So we called the police and what not and I made sure that the officer wrote down that the other party was heading in the wrong direction.
NOW THIS IS WHERE IT GETS BAD.
My insurance company called me the other day and told me there was no indictation whatsoever of anything saying it's a oneway lane. I was like "Are you kidding me?"
I told the lady on the phone that I had 6 pictures that said otherwise. She told me she was looking at pictures of the parkinglot and there were no signs or anything. And I was telling her that there were arrows on the asphalt and that there was a written message on the asphalt above one of the arrows that said "THRU TRAFFIC". The insurance agent that I spoke with before told me that the THRU TRAFFIC means that the cars entering the parking lot are expected to travel in the direction of the arrows WHICH THE OTHER PARTY CLEARLY WAS NOT.
So I'm telling her that I'll print the photos out and send them to the agent because this is ridiculous. And she's telling me that they don't need the pictures because they have pictures in front of them and there's no indication. At this point I lost my cool. I started yelling and getting really heated. In the end she agreed to have the photos sent so that they could see them.
But she tells me that EVEN IF the other party was heading the WRONG WAY IN A ONE WAY, I'm the one that's still at fault because I didn't exercise the necessary precaution to get into a lane of travel but I DID. I looked at the entrance way to MAKE SURE there were no cars coming before I backed out. Instead, the moron decided to come out the wrong way and HIT ME! Not the other way around.
So what's your take on this? Am I the one at fault here because I was the one pulling out of a spot? I made sure to look before I pulled out but not in the direction he was coming from because I found NO REASON to look at way if I shouldn't expect cars coming from that direction anyway.
Or do you think I need to take this to court because I KNOW that I'm not the one at fault here. I used the necessary precaution before pulling out of that spot. I drive like a grandmother in a parking lot because I'm so scared that someone is going to hit my QUEST kit. I would not drive like a moron that would get my car in any situation where I can damage the kit.
I'm pretty sure I'm taking this to court. Unless my understanding of the arrows and the label "THRU TRAFFIC" is completely off and he wasn't going the wrong way. Then why would three McDonald's employees AND the officer say he was going the wrong way? This insruance agent is starting to really hit my nerves.
My insurance company called and told me that I was at fault in the accident in the parking lot of the McDonald's which happened Dec. 16th.
This is how it went. The parking lots are at an angle alond side of the McDonald's. They're angled so that the cars coming in through the entrance can easily park into them. Anyways, the
"entrance" lane is labled with three arrows each stating the direction of expected travel. In other words, they're a one way. All three arrows (two at the entrance from the street and on in the middle of the lane with a "THRU TRAFFIC" label) point in the same direction.
The exit is located on the OTHER SIDE of the building. You have to go all the way around in order to exit.
So I was pulling out from one of the angled lots. I go to this McDonald's often because my school is only about a block away. And I've learned that the lane is one way. So as I was pulling out, I looked over my LEFT shoulder to see if there were any cars coming. There was no reason for me to look over my right because A. That would not have given me a clear view of the cars coming in through the entrance and B. There should be no cars coming from that way ANYWAY.
Well luck was not on my side. The other party was driving the WRONG WAY, against the indictated arrows. We made contact and he ended up tearing off my QUEST rear.
So we called the police and what not and I made sure that the officer wrote down that the other party was heading in the wrong direction.
NOW THIS IS WHERE IT GETS BAD.
My insurance company called me the other day and told me there was no indictation whatsoever of anything saying it's a oneway lane. I was like "Are you kidding me?"
I told the lady on the phone that I had 6 pictures that said otherwise. She told me she was looking at pictures of the parkinglot and there were no signs or anything. And I was telling her that there were arrows on the asphalt and that there was a written message on the asphalt above one of the arrows that said "THRU TRAFFIC". The insurance agent that I spoke with before told me that the THRU TRAFFIC means that the cars entering the parking lot are expected to travel in the direction of the arrows WHICH THE OTHER PARTY CLEARLY WAS NOT.
So I'm telling her that I'll print the photos out and send them to the agent because this is ridiculous. And she's telling me that they don't need the pictures because they have pictures in front of them and there's no indication. At this point I lost my cool. I started yelling and getting really heated. In the end she agreed to have the photos sent so that they could see them.
But she tells me that EVEN IF the other party was heading the WRONG WAY IN A ONE WAY, I'm the one that's still at fault because I didn't exercise the necessary precaution to get into a lane of travel but I DID. I looked at the entrance way to MAKE SURE there were no cars coming before I backed out. Instead, the moron decided to come out the wrong way and HIT ME! Not the other way around.
So what's your take on this? Am I the one at fault here because I was the one pulling out of a spot? I made sure to look before I pulled out but not in the direction he was coming from because I found NO REASON to look at way if I shouldn't expect cars coming from that direction anyway.
Or do you think I need to take this to court because I KNOW that I'm not the one at fault here. I used the necessary precaution before pulling out of that spot. I drive like a grandmother in a parking lot because I'm so scared that someone is going to hit my QUEST kit. I would not drive like a moron that would get my car in any situation where I can damage the kit.
I'm pretty sure I'm taking this to court. Unless my understanding of the arrows and the label "THRU TRAFFIC" is completely off and he wasn't going the wrong way. Then why would three McDonald's employees AND the officer say he was going the wrong way? This insruance agent is starting to really hit my nerves.
01-29-06, 02:04 PM
#2
Pole Position
Wow. The exact same thing happened to me about 15 years ago when I was in law school. In my case, though, the insurance company for the person going the wrong way admitted that the insured was going the wrong way, but that even so, it was still my responsibility to look both ways to make sure. I agree that's it's absolutely ludicrous, and just remember, that's the claims agent's job -- to make you go away for as little as possible. I would push back hard on this one and see what happens. If you have any lawyer friends, have them make a call. File a complaint. I guarantee you that they will back off once they see you're serious. These claims agents are a nasty bunch (I hope I don't offend any CL members who happen to be that profession, but generally, it's true, at least those whom I've dealt with).
By the way, in my case, I pushed back relatively hard and we agreed to settle the case for about $500. It didn't cover all of my damage, but it was relatively close as I ended up getting the car fixed for less than the original estimate.
Anyway, good luck and let us know how it works out for you.
e
By the way, in my case, I pushed back relatively hard and we agreed to settle the case for about $500. It didn't cover all of my damage, but it was relatively close as I ended up getting the car fixed for less than the original estimate.
Anyway, good luck and let us know how it works out for you.
e
01-29-06, 03:31 PM
#5
Lexus Champion
when you take it to court, make sure you have all the photos of the parking lot, including the arrows, the angle of the parking stalls, etc. Heck, why not even go as far as drawing a diagram on the a large board and take it in with you. Show them you did your homework, and it would be hard for them not to find your argument convincing. Good luck. 
01-29-06, 06:09 PM
#7
Racer
Join Date: Dec 2003
Location: Palos Verdes, California
Posts: 1,669
Likes: 0
Received 4 Likes
on
4 Posts
Sue the other Guy
Brian.....
Why aren't you filing against the other guy, instead of your own insurance company ??
My experience is that you pay the deductible, get your car fixed, then sue the other guy.
~ Cap
Why aren't you filing against the other guy, instead of your own insurance company ??
My experience is that you pay the deductible, get your car fixed, then sue the other guy.
~ Cap
Trending Topics
01-30-06, 03:25 AM
#9
Lexus Test Driver
You don't need a lawyer - not yet, anyway. Get something in writing from your insurance company and then send what they give and all the evidence you have to your State's Insurance Commissioner and in the letter (to the Commissioner) indicate that your insurer is engaging in "bad faith". By the way, did the police officer issue the other driver a citation? If so, that would help too. It's incredible that the representative you spoke with told you that it didn't matter if the other driver was driving the wrong-way. I does matter! It's unreasonable for them to expect you to see traffic approaching from the opposite direction on a one-way thoroughfare as you are entering that thoroughfare! Sorry that you're having to deal with something so seemingly inane. Good luck!
01-30-06, 09:23 AM
#11
this really sux, i totally understand your frustration man. definitely keep your cool and be persistent. however, two things i want to say, you like it or not. it's just some friendly advise.
1) i think the insurance is ridiculous saying that there is no indication of one way traffic. they can't deny that fact, and they if that's their arguement i think they have no gnd
2) however, that really doesn't mean you can only care about one side of the traffic. i personally think you might still be responsible. what if it's not a car but a person and you hit him/her? that would be way worse, and there is no direction for them which way to walk. bottom line is i think you still should have checked both ways for potential danger and avoid it, since you were the one backing out after all
just my thoughts
1) i think the insurance is ridiculous saying that there is no indication of one way traffic. they can't deny that fact, and they if that's their arguement i think they have no gnd
2) however, that really doesn't mean you can only care about one side of the traffic. i personally think you might still be responsible. what if it's not a car but a person and you hit him/her? that would be way worse, and there is no direction for them which way to walk. bottom line is i think you still should have checked both ways for potential danger and avoid it, since you were the one backing out after all
just my thoughts
01-30-06, 09:31 AM
#12
Super Moderator
Originally Posted by rominl
however, that really doesn't mean you can only care about one side of the traffic. i personally think you might still be responsible. what if it's not a car but a person and you hit him/her? that would be way worse, and there is no direction for them which way to walk. bottom line is i think you still should have checked both ways for potential danger and avoid it, since you were the one backing out after all
just my thoughts
just my thoughts
You should ALWAYS look both sides, sorry, just an honest opinion . . .
01-30-06, 07:34 PM
#13
Lexus Champion
Join Date: Jul 2003
Location: Arizona
Posts: 1,623
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by BrianGS430
I'm pretty pissed off at the moment.
My insurance company called and told me that I was at fault in the accident in the parking lot of the McDonald's which happened Dec. 16th.
This is how it went. The parking lots are at an angle alond side of the McDonald's. They're angled so that the cars coming in through the entrance can easily park into them. Anyways, the
"entrance" lane is labled with three arrows each stating the direction of expected travel. In other words, they're a one way. All three arrows (two at the entrance from the street and on in the middle of the lane with a "THRU TRAFFIC" label) point in the same direction.
The exit is located on the OTHER SIDE of the building. You have to go all the way around in order to exit.
So I was pulling out from one of the angled lots. I go to this McDonald's often because my school is only about a block away. And I've learned that the lane is one way. So as I was pulling out, I looked over my LEFT shoulder to see if there were any cars coming. There was no reason for me to look over my right because A. That would not have given me a clear view of the cars coming in through the entrance and B. There should be no cars coming from that way ANYWAY.
Well luck was not on my side. The other party was driving the WRONG WAY, against the indictated arrows. We made contact and he ended up tearing off my QUEST rear.
So we called the police and what not and I made sure that the officer wrote down that the other party was heading in the wrong direction.
NOW THIS IS WHERE IT GETS BAD.
My insurance company called me the other day and told me there was no indictation whatsoever of anything saying it's a oneway lane. I was like "Are you kidding me?"
I told the lady on the phone that I had 6 pictures that said otherwise. She told me she was looking at pictures of the parkinglot and there were no signs or anything. And I was telling her that there were arrows on the asphalt and that there was a written message on the asphalt above one of the arrows that said "THRU TRAFFIC". The insurance agent that I spoke with before told me that the THRU TRAFFIC means that the cars entering the parking lot are expected to travel in the direction of the arrows WHICH THE OTHER PARTY CLEARLY WAS NOT.
So I'm telling her that I'll print the photos out and send them to the agent because this is ridiculous. And she's telling me that they don't need the pictures because they have pictures in front of them and there's no indication. At this point I lost my cool. I started yelling and getting really heated. In the end she agreed to have the photos sent so that they could see them.
But she tells me that EVEN IF the other party was heading the WRONG WAY IN A ONE WAY, I'm the one that's still at fault because I didn't exercise the necessary precaution to get into a lane of travel but I DID. I looked at the entrance way to MAKE SURE there were no cars coming before I backed out. Instead, the moron decided to come out the wrong way and HIT ME! Not the other way around.
So what's your take on this? Am I the one at fault here because I was the one pulling out of a spot? I made sure to look before I pulled out but not in the direction he was coming from because I found NO REASON to look at way if I shouldn't expect cars coming from that direction anyway.
Or do you think I need to take this to court because I KNOW that I'm not the one at fault here. I used the necessary precaution before pulling out of that spot. I drive like a grandmother in a parking lot because I'm so scared that someone is going to hit my QUEST kit. I would not drive like a moron that would get my car in any situation where I can damage the kit.
I'm pretty sure I'm taking this to court. Unless my understanding of the arrows and the label "THRU TRAFFIC" is completely off and he wasn't going the wrong way. Then why would three McDonald's employees AND the officer say he was going the wrong way? This insruance agent is starting to really hit my nerves.
My insurance company called and told me that I was at fault in the accident in the parking lot of the McDonald's which happened Dec. 16th.
This is how it went. The parking lots are at an angle alond side of the McDonald's. They're angled so that the cars coming in through the entrance can easily park into them. Anyways, the
"entrance" lane is labled with three arrows each stating the direction of expected travel. In other words, they're a one way. All three arrows (two at the entrance from the street and on in the middle of the lane with a "THRU TRAFFIC" label) point in the same direction.
The exit is located on the OTHER SIDE of the building. You have to go all the way around in order to exit.
So I was pulling out from one of the angled lots. I go to this McDonald's often because my school is only about a block away. And I've learned that the lane is one way. So as I was pulling out, I looked over my LEFT shoulder to see if there were any cars coming. There was no reason for me to look over my right because A. That would not have given me a clear view of the cars coming in through the entrance and B. There should be no cars coming from that way ANYWAY.
Well luck was not on my side. The other party was driving the WRONG WAY, against the indictated arrows. We made contact and he ended up tearing off my QUEST rear.
So we called the police and what not and I made sure that the officer wrote down that the other party was heading in the wrong direction.
NOW THIS IS WHERE IT GETS BAD.
My insurance company called me the other day and told me there was no indictation whatsoever of anything saying it's a oneway lane. I was like "Are you kidding me?"
I told the lady on the phone that I had 6 pictures that said otherwise. She told me she was looking at pictures of the parkinglot and there were no signs or anything. And I was telling her that there were arrows on the asphalt and that there was a written message on the asphalt above one of the arrows that said "THRU TRAFFIC". The insurance agent that I spoke with before told me that the THRU TRAFFIC means that the cars entering the parking lot are expected to travel in the direction of the arrows WHICH THE OTHER PARTY CLEARLY WAS NOT.
So I'm telling her that I'll print the photos out and send them to the agent because this is ridiculous. And she's telling me that they don't need the pictures because they have pictures in front of them and there's no indication. At this point I lost my cool. I started yelling and getting really heated. In the end she agreed to have the photos sent so that they could see them.
But she tells me that EVEN IF the other party was heading the WRONG WAY IN A ONE WAY, I'm the one that's still at fault because I didn't exercise the necessary precaution to get into a lane of travel but I DID. I looked at the entrance way to MAKE SURE there were no cars coming before I backed out. Instead, the moron decided to come out the wrong way and HIT ME! Not the other way around.
So what's your take on this? Am I the one at fault here because I was the one pulling out of a spot? I made sure to look before I pulled out but not in the direction he was coming from because I found NO REASON to look at way if I shouldn't expect cars coming from that direction anyway.
Or do you think I need to take this to court because I KNOW that I'm not the one at fault here. I used the necessary precaution before pulling out of that spot. I drive like a grandmother in a parking lot because I'm so scared that someone is going to hit my QUEST kit. I would not drive like a moron that would get my car in any situation where I can damage the kit.
I'm pretty sure I'm taking this to court. Unless my understanding of the arrows and the label "THRU TRAFFIC" is completely off and he wasn't going the wrong way. Then why would three McDonald's employees AND the officer say he was going the wrong way? This insruance agent is starting to really hit my nerves.
01-30-06, 08:07 PM
#14
Lexus Connoisseur
As an auto insurance adjuster by profession and this is a very common occurence, when you are backing up in reverse no matter what condition, you should always be aware of your surroundings either straight, angled or what have you. You are backing up which you do not have the right of way. Even if there was a car parked behind you illegally and you didn't see him and he was clearly stopped or parked and unattended. behind you, sorry to say but you would still be the cause of the fault. If you have witnesses, that may help, but trying to file a lawsuit on someone from an accident on private property wont go very far.
Last edited by flipside909; 01-30-06 at 08:14 PM.
01-30-06, 09:02 PM
#15
Lexus Test Driver
Join Date: Jul 2005
Location: CA
Posts: 1,362
Likes: 0
Received 0 Likes
on
0 Posts
something similar happened to my wife when she was backing out of a stall at Kaiser...and OUR insurance found us at fault while the other driver's insurance company said it was 50/50...nice insurance huh? I bet we're w/ the same ins company.
I hope you get it resolved as it's pretty clear you were acting on the right
I hope you get it resolved as it's pretty clear you were acting on the right