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

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#41
I also dont remember a single one of these "Im posting this video of my accident" type threads where the end result wasnt mostly "OP, yes this was your fault, if you look at XXXXXXX".

I really (really really) "dont get" anyone wanting to post this kind of video. The only positive is possibly "strangers online whom you dont know saying "Yeah, your right, it wasnt your fault!!!!!", and the downside is a bunch of people digging into explaining how you "should have, could have," avoided the accident by "x, y and z".

I have said this before, but I dont feel there is any benefit to the OP at all even possible by posting this, but I am also a person who things crap like "wam bam teslacam" or whatever its called is... lets just say I am not a fan.
 
#42
jjrandorin said:
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.
Click to expand...
Yep, this is self incrimination through and through. OP was previously only 15% responsible and ended up 100% responsible, which is very far from a fair outcome given the circumstances (would argue the BMW has at least partial fault).
 
#43
What a weird situation. At first glance I didn't think you were at fault but I watched it twice and I agree with insurance that you are at fault. So... you are sitting there parked, and have 30 seconds or so that you can safely take off, but you don't. Right when it becomes unsafe for you to leave your parking spot, THAT is the instant when you decide to go into traffic. I do think the BMW driver should share some blame... as he sees a parked car suddenly lurch forward into the intersection, but he didn't have a lot of time to react to your erratic and unexpected departure from your parking spot. But I see why you waited.... both you and the BMW driver are waiting for that same lane of traffic but the BMW is at least a moving part of that traffic dynamic while you are still sitting on the sidelines. I say 80% you, 20% the BMW driver.... you could have moved several feet into that intersection at least 10-20 seconds sooner, with your signal on, to make your intention clear... sitting dead still in the parking spot sure doesn't make you seem like you are part of traffic at all.
 
#44
There's more to this story which the arbitrator knows and we don't (always three sides to a story).

If it was binding arbitration, it really doesn't matter what this community thinks but, based solely on the video, it seems awfully suspicious that anyone would swing the fault to the OP.

- All US traffic laws require that operators ensure the intersection is safe before moving through it regardless of signal status which means that waiting on green is not only legal but recommended (the length doesn't matter considering when the other vehicle came around the curve - OP sat for 11 seconds and other vehicle was visible 4 seconds before that - collision 5 seconds after OP moved);
- It isn't clear whether the OP signaled leaving the curb or was indicating hazards but, while that might've improved visibility, the OP's vehicle was in the intersection and moving so should've been seen (predicted or assumed rates of speed are guesses and should have no bearing on fault);
- As the other vehicle came around a blind curve to a green light (not left turn signal), it was that driver's responsibility to assess all hazards associated with the intersection before committing so should've slowed/stopped until both opposing traffic lanes were confirmed clear.

Again, it doesn't matter what we say. If there's an appeal method, a lawyer and witnesses would be more useful than internet community comments.
 
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#45
afadeev said:
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!!!



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.
Click to expand...

mjwojtukiewicz said:
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
Click to expand...
I was stopped to use my iPad while talking to a customer.. i sell Booze 🥃
jjrandorin said:
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.
Click to expand...
The reason why I wasn't moving on green light was because I was looking in my side mirror, if you noticed (other camera} there were 3 cars double parked blocking my view from the upcoming traffic coming from behind those double parked cars. ( Second lane)

If anyone have ever been in Inwood NY they would understand that traffic laws don't apply here. People run red light regularly and stop sign are just a suggestion to slow down.

I have plenty of videos of those,

I showed the video today to a NYC lawyer specialized in accidents and he sided with me.. regardless of me being legally stopped (not parked) the BMW should have stopped or at least slowed down.

Regardless i have bumper to bumper insurance, and no matter who is at fault accidents are added to you record no matter what.
 
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#46
skygraff said:
There's more to this story which the arbitrator knows and we don't (always three sides to a story).

If it was binding arbitration, it really doesn't matter what this community thinks but, based solely on the video, it seems awfully suspicious that anyone would swing the fault to the OP.

- All US traffic laws require that operators ensure the intersection is safe before moving through it regardless of signal status which means that waiting on green is not only legal but recommended (the length doesn't matter considering when the other vehicle came around the curve - OP sat for 11 seconds and other vehicle was visible 4 seconds before that);
- It isn't clear whether the OP signaled leaving the curb or was indicating hazards but, while that might've improved visibility, the OP's vehicle was in the intersection and moving so should've been seen (predicted or assumed rates of speed are guesses and should have no bearing on fault);
- As the other vehicle came around a blind curve to a green light (not left turn signal), it was that driver's responsibility to assess all hazards associated with the intersection before committing so should've slowed/stopped until both opposing traffic lanes were confirmed clear.

Again, it doesn't matter what we say. If there's an appeal method, a lawyer and witnesses would be more useful than internet community comments.
Click to expand...
Exactly what my lawyer said today. In the video you can see the other 3 cameras and the reason i was waiting with a green light was upcoming traffic from behind me to my left. After no cars were approaching i entered the intersection, always looking behind me to make sure no to get sideswiped.

My lawyer also said it's not worth the paperwork because regardless of who's at fault, accident is on record with the DMV
 
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#47
jjrandorin said:
I also dont remember a single one of these "Im posting this video of my accident" type threads where the end result wasnt mostly "OP, yes this was your fault, if you look at XXXXXXX".

I really (really really) "dont get" anyone wanting to post this kind of video. The only positive is possibly "strangers online whom you dont know saying "Yeah, your right, it wasnt your fault!!!!!", and the downside is a bunch of people digging into explaining how you "should have, could have," avoided the accident by "x, y and z".

I have said this before, but I dont feel there is any benefit to the OP at all even possible by posting this, but I am also a person who things crap like "wam bam teslacam" or whatever its called is... lets just say I am not a fan.
Click to expand...
People learn from mistakes, and maybe from other people mistakes (mine perhaps?). I posted not to look for emotional support or compensation, but just to see other people opinions.

I bought a new MSP after this accident, life is short, very short..
 
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#50
Fender said:
I think in France, it would be 50/50 plain and simple, we don't deal much with anything other than 0-100 / 100-0 / 50-50
Click to expand...
In France, Italia, and Europe in generale most drivers don't have the casco insurance (bumper to bumper) , so it's definitely not a 50/50 . Been and drove in Paris numerous times. Same is in Italia , where i am from.. someone has to pay for the other car damage contrary than here
 
#51
Aldony said:
Exactly what my lawyer said today. In the video you can see the other 3 cameras and the reason i was waiting with a green light was upcoming traffic from behind me to my left. After no cars were approaching i entered the intersection, always looking behind me to make sure no to get sideswiped.

My lawyer also said it's not worth the paperwork because regardless of who's at fault, accident is on record with the DMV
Click to expand...
I would not put 100% fault on you too. I think who is at fault does matter. At fault accidents will get higher premium increase. Insurance company also take into consideration of how much $$ they paid on your policy. All part of the calculation. Unfortunately, the other insurance did the homework and argued better during the arbitration. I do agree it is a lot of work and hassle to try to overturn the arbitration. The cost and hassle may well exceed your premium increase. I would just curse at the arbitrator and move on.
 
#55
one2many said:
Nothing like a good video to get us fired up.
I bet if I posted a video of me changing a tire, I
would get 50% wrong and 50% right, except
with a sexy helper. I think thats about what you got here.
I do wonder if your insurance had any skin in the game.
Please do not ask me what type of tire.
Never mind.
Click to expand...
I wanna hear more about the helper. Scratch that, just post the video. So, you've probably seen the posts "do I need a new tire because of the sidewall divet". I think your up coming post will get a lot of 👍.
 
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#57
Aldony said:
I feel now that Tesla dashboard is useless..feel frustrated and scared to drive.
Click to expand...
Hmmm, as convenient as it might be to feel the dashboard is useless, the real issue is what the cop put on the report after seeing it. For us, the dashboard is great and has helped us on numerous occasions. I'm shocked that in the end they claim you to be 100% at fault. Makes no sense. Worst case perhaps a split fault. I would have gone along with the 15% number.
 
#60
0% OP's fault.

When OP started moving again, he did so in a clear lane when it was safe to do so, and that's all that really matters.

The BMW driver has an obligation to verify the turn is safe before starting his turn. If he had looked once those cars went by it would have been obvious. But no, he glanced ahead, saw a couple cars coming, and as soon as they passed he zoomed over what he thought was a gap. He would have hit a pedestrian in the crosswalk or a bicyclist going slowly too most likely.
 
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