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Model 3 accident.. was I at fault? [After arbitration my insurance says yes]
- Thread starter Aldony
- Start date
AS9.9.
Member
No shot you were at fault. You were accelerating through a green light, and the BMW had plenty of time to check if oncoming traffic was clear. You were moving before they started their turn.
Silicon Desert
Well-Known Member
Looks like other car at fault, but what were you doing sitting at a green light for such a long time?
UncleCreepy
Member
Doesn't appear as though you were at fault. I'm not sure what took you so long after the light turned green or if there were any other circumstances that are not clear from the video, but based on the video it seems that the BMW driver was at fault.
NYPD WAS CALLED this video was showed and the police report stated the fact that BMW was crossing the lane and crashed into me. They also stated drivers distracted.
My insurance also received this video and police report. They reviewed everything and concluded that I had ZERO liability.
GEICO called me and said that since the police report said driver distracted i was responsible and liable for 15% in the accident.
My insurance decided to go to arbitration and pursue the 100% liability on the BMW since they had everything, report and videos...
Arbitration decision came back this week and was found to be 100% at fault...
I am confused
and 8 was told that there is nothing I can do...
I feel now that Tesla dashboard is useless..feel frustrated and scared to drive.
My insurance also received this video and police report. They reviewed everything and concluded that I had ZERO liability.
GEICO called me and said that since the police report said driver distracted i was responsible and liable for 15% in the accident.
My insurance decided to go to arbitration and pursue the 100% liability on the BMW since they had everything, report and videos...
Arbitration decision came back this week and was found to be 100% at fault...
I am confused
and 8 was told that there is nothing I can do...I feel now that Tesla dashboard is useless..feel frustrated and scared to drive.
Candleflame
Active Member
lol obviously not, the bmw needs to look before he crosses a busy intersection. he literally plowed into you.
What piece of garbage insurance do you have?Exactlymy fault i was told by my insurance...
If I were in your situation I'd ditch them and go to one of the big players (after dealing with this issue, obviously...)
Gauss Guzzler
Safety Score = 42
While you did start moving very slowly along the curb well before the BMW began their turn, judging by the stripe visible in the right camera view it looks to me like you both entered the intersection at about the same time.
Normally this would be simple, you're going straight and they're turning so you absolutely have the right of way. But in this case, you were entering from a parked position since both you and the cars behind you were clearly parked and the light had turned green long before the BMW even came into view. This means that you have no guaranteed right of way so at best, both of you share the blame. At worst, it's 100% your fault for erratically entering an intersection from a parked position while another car was clearly beginning their turn, signaling and everything - which is pretty damn impressive for a BMW.
Normally this would be simple, you're going straight and they're turning so you absolutely have the right of way. But in this case, you were entering from a parked position since both you and the cars behind you were clearly parked and the light had turned green long before the BMW even came into view. This means that you have no guaranteed right of way so at best, both of you share the blame. At worst, it's 100% your fault for erratically entering an intersection from a parked position while another car was clearly beginning their turn, signaling and everything - which is pretty damn impressive for a BMW.
It looks like you are parked and then start moving at aroun 38-39 seconds mark, you don’t have right of the way and you should check merging traffic from all sides first; worse there is another vehicle just passed by at that moment, the BMW driver sees only that vehicle passing and proceeds to turn (he should been have more defensive in my opinion and no one will blame him even if he stops for a brief second). Unfortunately, you parked at an odd location and at a wrong time where multiple things happened against you.
Candleflame
Active Member
wouldnt he have always right of way at the intersection? I dont know what the BMW would see in the usa but surely hed either have a give way sign or a red trafficlight?
PD says BMW at fault, I agree. Your insurance reviews and conclude BMW at fault. Who is Geico and why would they call you, are they the BMW's insurance? Why would they call you and not your insurance company?NYPD WAS CALLED this video was showed and the police report stated the fact that BMW was crossing the lane and crashed into me. They also stated drivers distracted.
My insurance also received this video and police report. They reviewed everything and concluded that I had ZERO liability.
GEICO called me and said that since the police report said driver distracted i was responsible and liable for 15% in the accident.
My insurance decided to go to arbitration and pursue the 100% liability on the BMW since they had everything, report and videos...
Arbitration decision came back this week and was found to be 100% at fault...
I am confused
I feel now that Tesla dashboard is useless..feel frustrated and scared to drive.
Who was the distracted driver, surely the BMW was distracted because he ran into you. Then why would they make you 15% liable, very odd.
Now the arbitrator rules against you? Were they bribed by the other guy's insurance? Either way, your insurance screwed up if they lost that case.
Don't worry about it. from 45yrs of driving and close to a million miles driven, I would say that's the other guy's fault, 100%. It doesn't matter that you were slow. You have right of way, because you were in the intersection first, under green. The other guy has to make sure the lanes he's crossing are clear before crossing. It's incumbent upon him to avoid cars coming toward him. The arbitrator got paid off or is nuts.
Okay, I see that others are referring to you being parked and proceeding from the parked lane. It's a bit of an oddity, but you're the last car in the parking lane, so typically, you'd pull left into traffic, but being last means you don't have to in order to cross the light and in front of you is a turn lane, so you don't have to pull into the left lane. Honestly, that's an odd quirk, being the last in the parked lane, and I would never consider that your fault. Forget about it, let your insurance pay, and move on. I still think the arbitrator is wrong. The BMW, no matter what you did, has to make that turn safely, not you.
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Gauss Guzzler
Safety Score = 42
Bottom line is that neither car was "traveling" in a manner that guarantees right of way, they were both "entering" traffic. And the BMW was doing so with clear intent whereas OP was not.
What does this even mean? You’re in the car? Standing? On the phone? Hands free? You need to better explain the situation if you’re looking for any meaningful discussion on this situation.