Model 3 accident.. was I at fault? [After arbitration my insurance says yes]

[afadeev]

Looks like other car at fault, but what were you doing sitting at a green light for such a long time?

Based on the video, the OP was NOT sitting at a green light. He was parked on a side of the road.
And picked a particularly inopportune time to egress from his parking spot and onto the road.
Generally, if you are joining moving traffic after being parked, you should yield to other drivers.

This is where sharing this particular video with your and other party's insurance company can come to bite you in the ass!!!

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.

So, what EXACTLY did you tell the cops for them to note that you were distracted!?!?
Whatever you said, CAN and WAS used against you!

Sorry, but this accident was, indeed, your fault.
You could have gotten away with it if you (a). Didn't self-incriminate yourself to the police; (b). Didn't send the self-incriminating video to the insurance companies.

a

 

[Aldony]

So you drive away from a parked position, not from a green traffic light, guess that is why you’re in the wrong.

Yes. I waited to the traffic ony left to clear and there was also double parked cars there. Also, yea i was in park before, but my car was already in the middle of the intersection , in fact he hit me on MY side, i didn't T-Bone him 9n his side.. regardless ofy position, when crossing an intersection you always want to make sure it's clear.

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 situat

 

[Aldony]

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?

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.

Regardless of what we think Ken, the outcome was against me. A friend of mine wasl rear-ended on the GWB and had a same situation. He was found liable by the arbitration. Inwood/South Bronx is a tricky neighborhood, and lot's of drivers are completely careless, no plates, paper plates, double parked everywhere.. will be more careful from now on.. that's why they are CALLED accidents i guess..

 

[UncleCreepy]

Still sucks though. You were clearly moving before the BMW started his turn. And he crashed into you, not the other way around.

 

[johnnycnote]

Without that video, is it possible that the BMW might have been found to be at fault or at least partially at fault?

 

[CKwik240]

I don't know how NY traffic laws read, but in CA, there could be some grey in the unsafe start code. Basically, you can not move from a parked position until it is safe to do so.

In CA, intercompany arbitration is only binding for the insurance companies. I suspect it's the same for NY, but I have no experience with the state. I believe you can still file a lawsuit, but many attorneys won't take a property damage only case on a contingency basis.

 

[ICE5891]

It is an odd situation. At first I was sure the BMW was 100% at fault, but then after understanding you were parked put yourself on the BMW driver position, he is "traking" the 2 cars that crossed just before you and were puting you in an blind spot. His mistake was to do it too fast without time to react and break.

Still I think there is no way you were 100% at fault, although it is odd situation, he still have some responsibility.

 

[Gasaraki]

I think the original 15% wrong outcome was correct. It totally not 100% your fault.

 

[mjwojtukiewicz]

Why isn't you phone connected to car via bluetooth so you can talk and drive? You pull over if you have a flip phone and your car is a 1998 Toyota

 

[stopcrazypp]

Why isn't you phone connected to car via bluetooth so you can talk and drive? You pull over if you have a flip phone and your car is a 1998 Toyota

A huge source of distraction is from the conversation itself, so I wouldn't fault someone for pulling over to speak on the phone.

 

[kpanda17]

No lawyer to help you?

 

[one2many]

Well its very simple, had your car not been there he could
have run over people walking. Hit from the back, well its clear and hit from the side
it is also clear. Timing does not mater. There is no % fault. Sorry it sounds like
an insurance scam.

 

[XPsionic]

That's one of the weirdest crashes I've seen. To me, even though it feels a bit unfair to OP that he's deemed at 100% fault, the way OP drove was asking for trouble.

1. Driving into the intersection from a parking lane.
2. Driving way too slowly for no reason at all while already in the intersection. Did OP finish the phone call as they stated, I have my doubts, especially since the NYPD got OP to confess that they were "distracted"
3. Admitted that they were on the phone and distracted (even if that was true why would you ever tell insurance that?)

I do feel some pity towards OP and I don't think they deserve 100% of the blame. The double parked car reduced OP's visibility and caused some indecision, plus OP's car was already completely into the intersection box when the BMW decided to do its left turn.

Anyway, the lesson today is: Driving in a big city requires you to be decisive and predictable. Don't do weird stuff like pulling out hidden behind moving cars then driving at 2mph for no reason. And pay attention to other cars on the road and think about where they want to be 5 seconds in the future.

 

[KenC]

Well its very simple, had your car not been there he could
have run over people walking. Hit from the back, well its clear and hit from the side
it is also clear. Timing does not mater. There is no % fault. Sorry it sounds like
an insurance scam.

This is a good point. It doesn't really matter that the Tesla came from the parking lane, because he was already in the intersection when the BMW turned. A bike, or a pedestrian could have been in the crosswalk, it doesn't give the BMW the right to proceed, just because the vehicle came from a non-standard position. I mean, if the Tesla had moved over into the lane next to him, that makes a legal difference? Nutty.

My rule of thumb has always been, if something, a car, a person, or a bike, is already in your way, right or wrong, they have right of way and you need to avoid them. I always figured this was "legal" right of way, but apparently, the arbitrator in this case did not agree. Strange. I used to live and work and drive in NYC, thank goodness I never had an accident!

 

[mjwojtukiewicz]

A huge source of distraction is from the conversation itself, so I wouldn't fault someone for pulling over to speak on the phone.

Yeah, if you're doing an advanced calculus equation, but otherwise what's the difference between conversation on phone vs passengar

 

[stopcrazypp]

Yeah, if you're doing an advanced calculus equation, but otherwise what's the difference between conversation on phone vs passengar

A huge difference, for one, the passenger instinctively stops or slow their conversation in response to road conditions. Sometimes they even serve to warn you of incoming conditions you may have missed! None of that happens when you are speaking on the phone.

Chatty Driving: Phones vs. Passengers

Unlike cell phone callers, chatty passengers keep their eyes on the road and know when to be quiet.

archive.nytimes.com

 

[jay1122]

I can see why arbitrator ruled against you. You were parked right in front of the traffic light. And then suddenly at the middle of the green light you went out to the intersection to try to go through. The lane seems to be a wide straight lane (See the big straight and right turn arrow sign on the ground in front) where you illegally parked there briefly. The other side definitely will argue that you illegally parked there and then suddenly lunge forward at the middle of the green light causing the other driver not able to react. You really should not have provided the video and talk much in police report. Just say you went straight forward at green light, the BMW doing left turn failed to yield and hit you. Would've been cut and dry. Let this be a lesson to everyone, dash cam videos can be a double edged sword. Review it carefully before submitting.

 

[Gauss Guzzler]

OP did the right thing by admitting the phone distraction and submitting the complete video. We shouldn't be encouraging anyone to shirk responsibility.

 

[jjrandorin]

OP did the right thing by admitting the phone distraction and submitting the complete video. We shouldn't be encouraging anyone to shirk responsibility.

There is shirking responsibility, and there is self incrimination. To me, this dashcam video is the later. Even before reading all the responses and breakdown (that I absolutely, positively 1000000% KNEW FOR A FACT would happen here, cause people on this site LLLLLLOOOOOOOOVVVVVVEEEEEE breaking down accident videos), I thought to myself, "wow, its really strange that the OP was pulled over to the side of the road, didnt move on the green light...".

Its since been explained.

I definitely believe in honesty, but this is also one of those circumstances that someone was chasing a "im 100% not at fault" verdict, and it ended up turning around and biting them, after "all the facts" were presented, including video that likely presented a case against them.

 

[afadeev]

OP did the right thing by admitting the phone distraction and submitting the complete video. We shouldn't be encouraging anyone to shirk responsibility.

Yeah, sure.
Please drive straight down to the nearest police station and confess to each and every time you were speeding. Or were driving while somewhat distracted. Don't forget to forward those police reports to your insurance company as well.
And your spouse, and your parents, and your boss and co-workers.

If that's what you call "not shirking responsibility".

The rest of us will act rationally, and avoid self-incrimination, as is one's right under the Constitution.
To each his own.

a