[OT] Girlfriend got in an accident. Need your help/advice

[Cockatoo]

Unfortunately it doesn't matter how fast the other car was going. If a car was going 200mph its still the persons fault who pulls out in front of them.

[Timmy_Jones]

This accident is her fault, sorry man. Fix the car, glad she is ok and move on. It sucks, we all have a mental lapse every once and a while.

[spicyricecake]

Thanks for all the replies guys. That's basically what the cop said, and I could see how that's the case but I wanted to give her some reassurance and thought I'd ask other people's opinions.
We live in FL, so each party's insurance covers their own.
I'm just glad she is unscathed physically and the car did well to protect her.

I'll keep everyone posted about what the insurance says and possibly her new car.


Again, thanks for being helpful and honest with your opinons. I really appreciate it.

[Dadhawk]

Originally Posted by Cockatoo

Unfortunately it doesn't matter how fast the other car was going. If a car was going 200mph its still the persons fault who pulls out in front of them.

True particularly given where she got hit (front of the car). Had she been hit in the rear half of the car there would have been an area for discussion. In some jurisdictions where I have lived blame can be placed on the position where the cars were impacted, not just who had the right of way.

For example, in the case @Cockatoo mentions, if the car with the right-of-way was traveling 200MPH (or even at speed) and ended up impacting the rear quarter panel of the crossing car, the right-of-way car would have been at fault. You could at least have argued that in court in any case.

[PWBRZ]

I hate it when someone tries to wave through. Legally only a police officer or firefighter in uniform can direct traffic..

[RobertPaulson]

Originally Posted by spicyricecake

she was waved by someone to go, and she saw that no car was coming and had room to drive across. But no, the other party did not have a stop sign.

This is her first accident. What's the increase in premium going to look like for her if this can't be fought?

even if she was waived by someone else, the liability lands on her to be 1000% sure that it is safe to go across traffic that way. Clearly it wasn't and she was hit which places the fault of the accident on her.

as far as how much her premium will go up, no one can answer that question for you. you just have to wait and see.

[spicyricecake]

Originally Posted by RobertPaulson

even if she was waived by someone else, the liability lands on her to be 1000% sure that it is safe to go across traffic that way. Clearly it wasn't and she was hit which places the fault of the accident on her.

as far as how much her premium will go up, no one can answer that question for you. you just have to wait and see.

Appreciate the response, but I think I get the point after 5 responses of that exact answer! haha

EDIT: *not trying to be rude*

[RobertPaulson]

Originally Posted by spicyricecake

Appreciate the response, but I think I get the point after 5 responses of that exact answer! haha

EDIT: *not trying to be rude*

Hey man, its totally her fault

lol,

[Vracer111]

I've been driving my dad to work this whole week because some bozo waived a driver through and she just went ahead without creeping out slowly....dad had ABS going while slowing down and thankfully the speeds were slow when they hit. Tacoma should be out of the shop tomorrow. Lucky we both work for the same employer...

Don't be crossing traffic if you can't see clearly...no matter if someone waves you on or not (actually especially if someone waves you on... do you really trust the majority of drivers out there with your life or the life of others when most don't know how to properly drive or the rules of the road?). You're 100% responsible if you do this and cause an accident in a heavy traffic situation. Either wait until traffic has died down to where you can clearly make the decision or just take a different route. It's often quicker and easier to not try and fight traffic as well...

[daiheadjai]

Gotta be careful about "waves" - there are insurance scammers who wave people into the intersection, and then gas it. Guess what? No witnesses = your fault.

Nowadays I'd rather play it safe and not follow the wave...

[chaoskaze]

Get an attorney, lawyers love them traffic cases too. Win/Win

[dbrandt01]

Sucks to hear man, but glad she's okay. I'm not going to reiterate for everyone else said. You mentioned in a comment earlier about insurance costs. I have nationwide and I wrecked my other car (corvette). I wasn't going fast, a max of 10mph. Was my fault, I admitted fault when the police arrived. I didn't get a ticket from it, but insurance went up. I'm 23, first accident happened at 23. No tickets. My insurance per 6 months went up 260 dollars.

I rarely follow waves and the only time I'll wave someone in is if they're turning the direction I'm going coming out of a parking lot. I'll never wave someone to go to the lane going the other direction.

[housecat]

Originally Posted by pinski

If the other party didn't have a stop sign and hit her as she was in the intersection, it's 100% her fault. Even if another driver waves you, you still have to check your surroundings to make sure it's safe to proceed.

I'd say it's at most 80% her fault in that case. I hit someone who was cited for failing to yield at a stop sign once. I was partially blamed because my car was moving when the collision happened. So in OP's case, the Scion XB is partially liable. It doesn't matter if the XB was speeding or not.

[spicyricecake]

Originally Posted by housecat

I'd say it's at most 80% her fault in that case. I hit someone who was cited for failing to yield at a stop sign once. I was partially blamed because my car was moving when the collision happened. So in OP's case, the Scion XB is partially liable. It doesn't matter if the XB was speeding or not.

must be different from state to state, cause the case turned over to be her fault.