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Whos at fault in this accident?


So i was sitting in my school parking lot to wait and get in the traffic that flowed onto the main road. As i was sittin a saw an opportunity to stick my nose in front of this van. traffic was at a dead stop wen i did this. Then once traffic began too move, he proceeded forwards, and i didnt move at all. He scraped the front of my car and the security guard said it was failure to committ a yeild which isnt the case because traffic was stopped and i was already in the lane (my nose was anyways)
whos at fault?

There was NO damage on his van (it was an older van and not in good shape at all) AND the security guard gave him my insurance but he did not give me the other drivers insurance? whats up with that???

AND one more thing, after he hit me...he did not sop once i got out and told him he hit me and the security guard had to flag him down and tell him to pull over.

btw... i wasnt turning onto a main road, i was turning into the lane in the parking lot

I believe you were at fault here but so was he, he did not avoid the accident by striking your car....thus both are at fault....in addition I agree with the above post, both drivers are supposed to exchange information. a so called "security guard" doesnt have the knowledge or expertise to make that kind of a judgement call thus I believe you got the shaft there...

You where pulling out of a lot. He had the right of way. You did not. That is failure to yield.
As you admit, you stuck YOUR nose in front of his van, therby causing the accident.

You are wrong. Traffic coming out of a lot must yield and wait until the way is clear for them to pull out fully without impeding traffic.

security guards ARE NOT COPS!!!!!

dont EVER EVER forget that

1. It is YOUR job to EXCHANGE insurance information. Even if an actual police officer is on the scene, YOU are responsible to EXCHANGE insurance information. It is NOT the security officers job. It is NOT the police officers job.
2. YOU placed part of your vehicle in HIS lane when you did not have room to FULLY enter the lane. That make YOU at fault.
3. He should have paid more attention and avoided hitting you, but YOU are still completely in the wrong.
4. Either there WAS damage to his van, or there was NO damage to either car. The damage to his van may not have been noticeable if the van had previous damage, but it is not possible to scrape one vehicle without scraping both.

i dont know but that is a dumb situation!

You are at fault for encroaching on his right of way. You should have Waited!

I believe Me again, is completely correct. This sounds like a case that involves contributory or (comparative) negligence. The other driver was partly at fault although you were also at fault. You failed to yield but the other driver has a duty to avoid an accident if he could have and it sounds like he definitely could have, but did not. Good luck.

This is just general discussion though. For legal advice contact an attorney licensed in the proper jurisdiction.

I think that is his fault. If you made a complete stop before sticking your nose out into traffic then it shouldn't be your fault. It should also be against the law to not pull over when your involved in a wreck no matter how small it might be. Also, no matter who's fault it is, your both still supposed to exchange information. I could be wrong but I think you got screwed on this man.

You are at fault for failing to yield the right of way. From your recitation of the facts, the street you were entering had the right of way, even if traffic was at a dead stop. You were required to either wait for traffic to clear, or for someone to let you in. Your insurance company will probably hear from him. If you want the other driver's insurance, you will be able to get it after they file suit.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

You are at fault because you left the safety of the parking lot.

sounds like your fault. You were sticking out to far.

this happened to me a few months ago, and the guy turned out drunk. i would say from your point of view that you were legally doing the right thing and HE was at fault.

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