Got hit head on while waiting in turn lane, what can I expect?

[Anonymous]

Anonymous wrote:If you were literally not moving then you wouldn’t be found at fault. Having the right of way in a turn lane is a different issue. If a car is parked illegally you can’t just hit it because it’s parked illegally. You would be at fault. As long as OP wasn’t moving the other driver is at fault.

He did a police statement and admitted fault. The issue is he is not insured and was dropped from his policy because he’s not insurance due to his record. So now I have to go entirely through my insurance. What a loser.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So you were not turning into the strip mall, but using the turn lane to merge? I was always taught that was illegal?

Not the merge lane. Reading is fundamental.

They have these lanes on 85% of the roads with shops on either side of the street.

I was the original PP who asked the question. And yes, I understand exactly what a center turn lane is. OP stated they were sitting in the middle of the road not to turn, but to merge into traffic. As I mentioned, where I grew up it was illegal to use the center turn lane to wait to merge into traffic. You literally had to wait for both directions to clear. Ie the OP would be partially at fault. If it is legal here, that would be different.

Both directions were clear.

[Anonymous]

I called his previous policy and it was on record he admitted fault in the statement. He gave a policy knowing it was dropped so he wouldn’t be arrested on the scene for driving without insurance. He did not have a current policy. He was dropped from his due to previous record.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I got hit head on while waiting in the turn lane. A car pulled out from a shopping center and made a left and only looked into oncoming traffic.
I was not moving and had the right of way. He saw me and slammed on the brakes and rammed into me head on/into the passenger side. His car was totaled beyond repair. My Chevy Tahoe looks ok but had a lot of front damage, the doors wouldn’t open on that side and I walked away without injury. It’s 2015 paid off 100k miles. Similar cars are about 25000 online. What can I expect from insurance for a situation like this? I have two young children and do not want to be stuck with a car with significant damage that’s unsafe. I feel like I’m going to be the biggest loser here even though I wasn’t at fault if they don’t risk the car. My husband thinks they may bc the frame seems bent. Any advice on what to expect?

He had insurance and I think he assumed liability. There’s not much to contest. We got photos and I am straight in the turn lane with the right of way.
Help! I’m so bummed. Not what I need right now!

Not sure I understand how you were 100% not at fault, OP?

Because I was in a turn lane and he came out from a strip mall parking lot. If you’re in the street driving you have the right of way. People coming in from shopping centers on the sides of the road have to be aware of the traffic in the road. Definitely one hundred percent not at fault. He pulled head on into my car going left when I was already in the lane.

New poster here.
Then it's not head-on. I interpret head-on as in the front. Anyway, it looks like they hit you on the front passenger side?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I got hit head on while waiting in the turn lane. A car pulled out from a shopping center and made a left and only looked into oncoming traffic.
I was not moving and had the right of way. He saw me and slammed on the brakes and rammed into me head on/into the passenger side. His car was totaled beyond repair. My Chevy Tahoe looks ok but had a lot of front damage, the doors wouldn’t open on that side and I walked away without injury. It’s 2015 paid off 100k miles. Similar cars are about 25000 online. What can I expect from insurance for a situation like this? I have two young children and do not want to be stuck with a car with significant damage that’s unsafe. I feel like I’m going to be the biggest loser here even though I wasn’t at fault if they don’t risk the car. My husband thinks they may bc the frame seems bent. Any advice on what to expect?

He had insurance and I think he assumed liability. There’s not much to contest. We got photos and I am straight in the turn lane with the right of way.
Help! I’m so bummed. Not what I need right now!

Not sure I understand how you were 100% not at fault, OP?

Because I was in a turn lane and he came out from a strip mall parking lot. If you’re in the street driving you have the right of way. People coming in from shopping centers on the sides of the road have to be aware of the traffic in the road. Definitely one hundred percent not at fault. He pulled head on into my car going left when I was already in the lane.

New poster here.
Then it's not head-on. I interpret head-on as in the front. Anyway, it looks like they hit you on the front passenger side?

They hit me at an angle in the corner of my car coming directly from the front. Damage is the entire front of my car. Side damage is limited. Frame is bent and doors won’t open on the passenger side but it’s all frontal damage

[Anonymous]

Police report, my insurance and the insurance he had (that dropped him, he gave policy # at the scene knowing he didn’t have insurance) all determined he was at fault. He admitted fault in his statement. Can I get some advice on navigating the actual insurance to make sure it’s determined totaled and they don’t give me back a car that’s been in a serious accident, it’s not really in question who was at fault in this situation.

There’s nothing wrong with a strip mall, it’s not some nefarious comment as someone mentioned, it’s a very nice “strip” mall with fancy restaurants. It’s just to point out he entered from a side parking lot and you have to yield to current traffic in the road when you come in (boulevard rule) especially when there is not light and you don’t have the right of way.

[Anonymous]

why were you sitting in the center turning lanes if "both directions were clear"? (I understand the bad guy from the strip mall is liable, just trying to figure out what you were doing)

[Anonymous]

Anonymous wrote:Police report, my insurance and the insurance he had (that dropped him, he gave policy # at the scene knowing he didn’t have insurance) all determined he was at fault. He admitted fault in his statement. Can I get some advice on navigating the actual insurance to make sure it’s determined totaled and they don’t give me back a car that’s been in a serious accident, it’s not really in question who was at fault in this situation.

There’s nothing wrong with a strip mall, it’s not some nefarious comment as someone mentioned, it’s a very nice “strip” mall with fancy restaurants. It’s just to point out he entered from a side parking lot and you have to yield to current traffic in the road when you come in (boulevard rule) especially when there is not light and you don’t have the right of way.

Did your airbags deploy? That's expensive. No one can counsel you how to ensure your car is totaled without and estimate and current real value of your car. Get an estimate, say it's covered by insurance, go from there.

[Anonymous]

Anonymous wrote:why were you sitting in the center turning lanes if "both directions were clear"? (I understand the bad guy from the strip mall is liable, just trying to figure out what you were doing)

It’s a very fast and busy 4 lane street and that’s just how it’s done. Thank God I was because had I plowed forward it would have been catastrophic. And please stop grilling me on it, it’s been determined on every single level including him admitting fault. He has no insurance and a record. This guy has a history of this.

[Anonymous]

also, get a realistic estimate from the shop at how long it will take to fix your car. We had a repair that took MONTHS and it turned out that the amount the insurance company paid for the rental car exceeded the value of our car in repair.

[Anonymous]

Anonymous wrote:why were you sitting in the center turning lanes if "both directions were clear"? (I understand the bad guy from the strip mall is liable, just trying to figure out what you were doing)

Because in the time it takes to cross 2 wide lanes going left to get to the center and stopped with turn signal on to make sure that someone didn’t make a wide and fast turn right out of the shopping center into the left lane which is common.

[Anonymous]

Anonymous wrote:

Anonymous wrote:why were you sitting in the center turning lanes if "both directions were clear"? (I understand the bad guy from the strip mall is liable, just trying to figure out what you were doing)

It’s a very fast and busy 4 lane street and that’s just how it’s done. Thank God I was because had I plowed forward it would have been catastrophic. And please stop grilling me on it, it’s been determined on every single level including him admitting fault. He has no insurance and a record. This guy has a history of this.

all agreed - except it's not necessarily legal to use the center turning lanes as a merge lane.
also, this is why we carry uninsured motorist policies.
there are tons of un- and under insured and unlicensed drivers on the road.

[Anonymous]

And BTW. I was there the entire time in the center. He entered the road when I was already stopped. he simply did not look left, he only looked right into incoming traffic.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:why were you sitting in the center turning lanes if "both directions were clear"? (I understand the bad guy from the strip mall is liable, just trying to figure out what you were doing)

It’s a very fast and busy 4 lane street and that’s just how it’s done. Thank God I was because had I plowed forward it would have been catastrophic. And please stop grilling me on it, it’s been determined on every single level including him admitting fault. He has no insurance and a record. This guy has a history of this.

all agreed - except it's not necessarily legal to use the center turning lanes as a merge lane.
also, this is why we carry uninsured motorist policies.
there are tons of un- and under insured and unlicensed drivers on the road.

It’s legal as long as you aren’t driving in it and you’re stopped. You’re not allowed to drive in and drive over 200 feet in it. If you stop it is legal.

[Anonymous]

Anonymous wrote:Police report, my insurance and the insurance he had (that dropped him, he gave policy # at the scene knowing he didn’t have insurance) all determined he was at fault. He admitted fault in his statement. Can I get some advice on navigating the actual insurance to make sure it’s determined totaled and they don’t give me back a car that’s been in a serious accident, it’s not really in question who was at fault in this situation.

There’s nothing wrong with a strip mall, it’s not some nefarious comment as someone mentioned, it’s a very nice “strip” mall with fancy restaurants. It’s just to point out he entered from a side parking lot and you have to yield to current traffic in the road when you come in (boulevard rule) especially when there is not light and you don’t have the right of way.

You need a lawyer