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who is at fault?

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Old 11-18-2003, 09:01 AM
  #1  
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Default who is at fault?

OK HERES THE STORY..

THERES A TWO LANE ROAD. ONE GOING EAST. ONE GOING WEST. NO DOTTED LINES IN THE MIDDLE OF
THE ROAD. SO THERE FOR NO ONE COULD PASS ANYONE. ANYHOW MY BROTHER WAS GETTING READY TO
MAKE A LEFT TURN ONTO MY STREET. HE DRIVES AN EXPLORER AND THE ROADS KINDA SMALL SO
HE MADE A SLIGHT RIGHT TURN BEFORE HE MADE A LEFT. HE DIDN'T SIGNAL. BUT THE GUY BEHIND HIM
DECIDED TO CUT MY BROTHER ON THE LEFT SIDE. TORE OFF HIS FRONT BUMPER AND FUCKED HIS AXELS.
SO BASICALLY HIS FRONT TIRES ARE ANGELING IN. NOW THE POLICE REPORT STATES THAT THE
GUY IS AT FAULT. THE INSURANCE COMPANY ON THE OTHER HAND SAID THAT THERES IS A SLIGHT CHANCE
THAT THEY ARE BOTH AT FAULT. MORE FAULT ON THE GUY THEN MY BROTHER. SO WHO DO YOU GUYS THINK
IS AT FAULT? YEAH BRO DIDN'T SIGNAL. BUT THE GUY HAD NO RIGHT TO CUT HIM REGARDLESS OF
ANYTHING. FROM WHAT I KNOW, MY BRO WILL PROBABLY GET A NO SIGNALING TICKET BUT THATS IT.
THERE WAS NO WITNESS AT THE SCENE. WELL THERE WAS ONE BUT HE KEPT DRIVING AFTER THE ACCIDENT.
BUT YEAH ANYHOW SO NOW THERES THIS BIG ARGUMENT, THEIR WORDS AGAINST EACH OTHER. INSURANCE
DEBATIN WHO IS AT FAULT N SO ON N SO FORTH. SO IM TRYIN TO FIGURE OUT IF THERES ANY LAWS FOR
WHAT HAD HAPPENED.
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Old 11-18-2003, 09:18 AM
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VA state law may assign percentages of fault. More common in "no fault" states for insurance purposes to assign blame. Must be done by the responding officer or in court.

Failure to signal is a misdemeanor and can be pleaded down to improper equipment (possible light bulb failure). Legal precedence always "faults" the car behind for following too closely. VA statutes also state recommended following distances for various speeds, failure to maintain these distances may allow for a reckless driving charge. Due to the description of the road above, illegal pass as well. Bring this up if the no signal issue is raised as a signal is also required to pass, with a minimum of 2' distance to the side.

Oh yeah, I'm not a lawyer or anything. Just know the laws. No tickets or accidents on my clean driving record.
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Old 11-18-2003, 10:03 AM
  #3  
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Yeah thats what i was pointing out to my sister so she can relay the message to the insurance company. telling his insurance company that there was no point of him trying to argu with us because the fact that even though my bro didn't signal the guy made an illegal pass, he was on the oncoming traffic lane.
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Old 11-19-2003, 04:15 AM
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The person who hit your brother is 100% at fault. Ironically enough, of all people my fucking mom pulled that same move about 25 years ago to a mail truck. Her fault.

If the police report says that one guy is at fault and that's it, they can't go back in time and issue a no signal ticket. Simple as that. Your brother can basically call up the other persons insurance company and tell them to pay up, shut up, and fuck off. Don't admit anything to the other insurance company. It's not required.
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Old 11-19-2003, 04:28 AM
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kinda ironic..my first accident i was in, was similar to this...but the lady tried to make a u turn and didnt see me coming...i nailed her ha. and it was her fault
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