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My Tacoma was in a wreck: who's fault??

Discussion in '2nd Gen. Tacomas (2005-2015)' started by Jaybo, Oct 11, 2009.

  1. Oct 11, 2009 at 8:33 PM
    #1
    Jaybo

    Jaybo [OP] Well-Known Member

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    I know there are a lot of police officers and whatnot on here so I have a question about who's fault this sounds like....

    I was turning across traffic into a convenient store. There was a car on the other side going the opposite direction, either on the side of the road or well behind where i could pull into. She was not looking at all so i went, thinking she was on the side of the road. As soon as i am turning she all of a sudden from a standstill presses on the gas and hits my front passenger side tire. The person in the passenger seat and I both were looking at her the whole time and noticed she never looked up one time until she actually hit me.

    I know i am soo stupid for not getting a report done, but at the time it looked like only a scratch on my truck and she was the older person and did not want to call the police cause she had high insurance. so we agreed to leave. but when i drove off i noticed my tire was jammed in and was rubbing on everything. turned out my a-frame is cracked and bent and all my suspension needs to be redone. i am going tomorrow to get a police report even though the other lady( and her husband) really doesn't want me to for some reason.

    Please tell me who's fault this sounds like. Thanks!!!
     
  2. Oct 11, 2009 at 8:37 PM
    #2
    fletch aka

    fletch aka www.BeLikeBrit.org

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    Might be a 50/50. I think the law is, you can only make a turn when safe. I think if you got hit they may see it as not safe. Get the police report and turn it over to the insurance, let them deal with it.
     
  3. Oct 11, 2009 at 8:40 PM
    #3
    poff1986

    poff1986 Seasoned Newbie

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    That sounds like it could go either way, but id have to say they probably didn't want you to file a report because they really didn't have insurance...I don't know what your should do. Did you at least get a plate # or phone #???
     
  4. Oct 11, 2009 at 8:43 PM
    #4
    Jaybo

    Jaybo [OP] Well-Known Member

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    oh yeah, she gave me her business card saying she rather pay for damage with cash than use her insurance. so i called her business, got her cell, then her husband's cell. but they still dont want me to get that police report. its weird.
     
  5. Oct 11, 2009 at 8:44 PM
    #5
    Jaybo

    Jaybo [OP] Well-Known Member

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    yeah i hear ya on that. sounds good.
     
  6. Oct 11, 2009 at 8:48 PM
    #6
    PR45

    PR45 Well-Known Member

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    If you were making a left, usually you are at fault. However, in this case, she was stopped in a parking spot as I read it. (right?) Then she just drove into you, from a stop, right? That probably puts it on her.

    I stuffed my Audi on Christmas eve making a left turn. The two regular lanes of traffic were stopped, and let me go. The guy who hit me, (I stopped when I saw him, too late) came up the parking strip. My insurance said it was 100% on me.

    In your case, you saw a stopped vehicle, and proceeded. She proceeded without looking. Make sure that's clear when you do your explaining. (if I've understood you correctly, that is...)

    There is a reason they didn't want a report, and it's probably not good.

    Good luck.
     
  7. Oct 11, 2009 at 8:49 PM
    #7
    fletch aka

    fletch aka www.BeLikeBrit.org

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    If you ever watch those court TV shows, the person who get's screwed is always the one that was talked out of getting the police report.
     
  8. Oct 11, 2009 at 8:49 PM
    #8
    wildjerseyfirefighter

    wildjerseyfirefighter I sell fishing and fishing accessories

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    cover your ass, get a police report done. Screw them if they dont have insurance
     
  9. Oct 11, 2009 at 8:52 PM
    #9
    Jaybo

    Jaybo [OP] Well-Known Member

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    Thanks a lot. And yes me and my passenger both agree that she was at a complete standstill in her car and was not looking, and didnt look while she took off. I could not tell if she wasn't paying attention to traffic and was stopped or if she was off to the side parked. but she was definitely at a standstill when i proceeded.
     
  10. Oct 11, 2009 at 8:52 PM
    #10
    08pretaco

    08pretaco Well-Known Member

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    i feel most people would just rather pay outta pocket because they got a high deductable and also rates go up so long run it just ends up being cheaper to do it bypassing the insurance but thats not really helping your qustion hah
     
  11. Oct 11, 2009 at 8:54 PM
    #11
    Jaybo

    Jaybo [OP] Well-Known Member

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    true that, i just want my 07 tacoma fixed. and done the right way.
     
  12. Oct 11, 2009 at 8:57 PM
    #12
    RAD

    RAD Well-Known Member Vendor

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    You jacked yourself first of all by not reporting it. You jacked yourself for not taking pictures of the accident. Regardless of what she said to get you to back down. She got you to do so to her advantage and now its going to be a he said, she said. In reality, its a 50/50 and everyone walks away as is.

    You should never walk away if you feel the other party is @ fault. I've heard sob stories left and right regarding why you shouldn't call the police. I say "F" that and do all the calling you can to protect yourself. In the end of a non injury accident, nice guys/girls do finish last.

    P.S, I work for a major Insurance Company Regarding Claims.

    I would savage what I could with the other party and try to collect whats owed for damage.

    Good Luck. Lesson learn. No one wants to pay for damage nor have their insurance premium raise annually. Good people also will do what it takes to not let that happen.
     
  13. Oct 11, 2009 at 9:03 PM
    #13
    Jaybo

    Jaybo [OP] Well-Known Member

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    All thats very true. lesson learned. but they say they dont have money and claim they had an insurance agent come out to look at their van and he told them that the van only had scuff marks and thats it. so yes i probly got screwed cause my damage was estimated $2500+. but i am still getting the police report done and turning it over to insurance.
     
  14. Oct 11, 2009 at 9:05 PM
    #14
    poff1986

    poff1986 Seasoned Newbie

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    Touche'
     
  15. Oct 11, 2009 at 9:06 PM
    #15
    dexterdog

    dexterdog My pee parts itch

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    Amen. I learned this lesson a long time ago. I call law enforcement immediately if there is an accident. I get all the info. I take the disposable camera out of my glove box and take pictures.

    Unfortunately, it doesn't pay literally to be a nice guy when it comes to an accident. Unless the other party gives you cash on the spot of course.
     
  16. Oct 11, 2009 at 9:08 PM
    #16
    fghtngsquirrel

    fghtngsquirrel Ka-freakin'-BOOM!

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    Since you left the scene, I don't believe a Police Dept. can do a report. If anything, it will be viewed as a drivers exchange, in which y'all should have shared personal and insurance information.

    Maybe Tigerfan can confirm this...
     
  17. Oct 11, 2009 at 9:09 PM
    #17
    derekabraham

    derekabraham Living vicariously through everybody

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    If she is offering to pay for it, and you think you may be at fault, then just have her pay for it.
     
  18. Oct 11, 2009 at 9:13 PM
    #18
    Jaybo

    Jaybo [OP] Well-Known Member

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    That's how the other person is playing it... saying 100% my fault, let insurance handle it, and no police report. but i hope i am able to get that police report still.
     
  19. Oct 11, 2009 at 9:15 PM
    #19
    Jaybo

    Jaybo [OP] Well-Known Member

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    yeah but at the time it only appeared to be a dent and scratches... but now that its $2500+ worth of damage its getting more serious. cause she was talking about doing payments. but i cant wait months to get my truck fixed.
     
  20. Oct 11, 2009 at 9:18 PM
    #20
    JimBeam

    JimBeam BECAUSE INTERNETS!! Moderator

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    im still not quite understanding the description of the intersection...was she at a light?

    was she in the road or off in a parking spot?
     

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