Why are you dealing with his insurance? Your insurance should be handling this for you...
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While I was on AP, a reckless driver Hit and Ran me.
- Thread starter Ricky
- Start date
Why are you dealing with his insurance? Your insurance should be handling this for you...
If you pay attention to the video, that’s not true. The collision was from the side, not the front(in the video, you can even see the scuff marks from it on the side of the truck). Since the truck was moving to the side and OP was not, it’s the truck that collided with OP.
Fossil Fool
Member
xilex
Model P3D
Drivers often do not follow rules of the road (changing lanes in intersection, turning across double yellow, running red light, squeezing a turn in at a red light, etc), which makes full self driving challenging. Fault on truck for changing lane at improper location and not signaling, but fault on Tesla for not manually stopping. You're both at fault. I think all manually driving car drivers would have stopped, honked, get pissed off, let it go, continue on their day. It's like driving down the road, and someone decides to make a left turn out of a parking lot but made a bad decision and started turning too late, and you see that you will hit them because they won't make the turn in time, but you decide to t-bone them because you have right of way even though you could have stopped.
I don't think the law works this way... (but I could be wrong)
Who's to say when there was enough room or not to stop? Everything becomes subjective at that point.
In your example above the guy that pulled out in front of you would still be at fault. You have to know that you have enough room to make it across traffic, you can't rely on the other cars seeing you and slowing down. This is why we have traffic laws stating who is it fault.
how is this any different than you laying back a couple car lengths, then being an asshole and stomping the gas to close the gap when a car tries to merge? I know he was on AP, I know he would have rather NOT wrecked his car but IMO the driver in control of their car is responsible to ensure they avoid an incident. I'm alert 100% of the time, make sure I know where everyone is and what they are trying to do, and I STILL cover my brake pedal just for situations like this. You were probably not paying attention and AP did it's job and the end result was this... Sorry to anybody who has their car wrecked, but you still gotta keep your head up and eyes on the road.
Check out my Last Clear Chance link in a previous post. Just because somebody else is causing an accident doesn't mean you don't have an obligation to avoid it. Otherwise, you could just go around hunting for jay walkers and mowing them down (if that's your thing).
So, yeah, I'd split fault at 50-50 (100-100 if that was possible) here, if it were up to me.
So, yeah, I'd split fault at 50-50 (100-100 if that was possible) here, if it were up to me.
Ostrichsak
Well-Known Member
Let's take this a step back and not debate right or wrong because in a court of law this can go either and often goes in directions you would not believe even in what otherwise seems like slam dunk cases.
You have insurance, right? Contact them and file a claim. They will cut you a check less your deductible and then they themselves will handle everything else to get paid by the other driver or his insurance. If they can get the other guy's ins to admit fault prior to cutting you a check they likely won't even deduct your deductible. Who cares if they sue the guy or get an agreement with his insurance company in this instance?
Life is short. This is exactly why you pay full coverage insurance premiums. Use it.
The rest of this BS back and forth is just static and wasting time.
You have insurance, right? Contact them and file a claim. They will cut you a check less your deductible and then they themselves will handle everything else to get paid by the other driver or his insurance. If they can get the other guy's ins to admit fault prior to cutting you a check they likely won't even deduct your deductible. Who cares if they sue the guy or get an agreement with his insurance company in this instance?
Life is short. This is exactly why you pay full coverage insurance premiums. Use it.
The rest of this BS back and forth is just static and wasting time.
Chopr147
Active Member
Fault here is maybe 60/40, at least that's the way insurance co. will look at it. He left scene, will get a ticket (only a violation) and insurance companies can hammer out who owes what.
Petrocelli
Member
dk10438
Member
the thread title is extremely misleading but here's the bottom line. Your car hit his rear end and you could have avoided the collision regardless of whether or not he crossed a white line. At the very best it's going to be equal fault but I wouldn't be surprised if it's shared fault and it's 80% your fault and 20% the trucks fault.
Agreed 100%.
I think this thread is in the "eating donuts after the meeting" stage now.
You must not
Also the damage to my car is on the side. Not in the front of my car.
I agree. The truck driver clearly violated the law and was the primary cause of this accident.
This is the best position to take.
Also I would file with your own insurance company and provide them the video so they can subrogate the claim with the idiot in the pick up truck. Also I find it hard to believe that the pick up truck did not feel this accident given that a Model S weight about as much as a pick up truck.
Let your insurance company deal with it and the video clearly shows the pick up legally cut across lanes to cause the accident.
Some of those rules of the road you cite are not laws at all but commonly accepted practices, but you're right on point that AP will struggle with unexpected driving behaviors because AP will likely do what it was programmed to do and that the programmers would have to anticipate each scenario. In this case, AP leaves an inconsistent gap that might "bait" adjacent vehicles to move in regardless of a legal opportunity or not. AP fails to slow down or move over as the truck fills in the gap (seemingly illegal). I'm positive that most of us would have avoided the collision had we not been on AP, but I also think many of us would be in the same collision AP or no AP though my bias hints that fewer would have collided without AP.
As for those rules of roads:
Changing lanes in an intersection is not illegal in most states. Unless there are solid lines painted in the intersection, it is deemed not illegal. Ohio is at least one exception.
Turning across a double-yellow is not illegal (at least in California) if you are turning left into a driveway, alley, or business. However, turning against a double-yellow from a driveway onto a street or highway is illegal. Crossing a double double-yellow is illegal.
Each state will vary, but 95% of my driving is done in California.
My insurance is handling it, they are taking care of getting his insurance to pay for the damages. I am pressing charges for the hit and run, also cops informed me additional violations may be applied to the guy in the truck.
God Bless
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