Re: whos at fault in my accident?
^^man thats a hard one to live with...that sucks bad.
and your right too, my first post in this thread said the same thing, i had a similar accident, guy got waved on, blindly in front of me and i hit him good. his fault not mine.
but a few witnesses and pics, could change the story, just never know till you go to court and try.
did the cop give anyone a ticket, that will play a big roll in who gets the fault.
and if you had the green and then got stuck in the middle of the intersection after the light turned red for you, and you cant back up, you kinda have to go, your blocking the road way.
Re: whos at fault in my accident?
A driver cannot give another the right of way by waving them on, you'd be surprised how often that results in your situation. You left some things for us to guess. You mention crossing a two lane street to enter a parking lot... was it a turning lane or was there lines you crossed (double yellow?) If so, you are 100% at fault, well here in NY anyway. I also agree that the rate of speed is not relevant as it was YOUR judgement to cross in front of the vehicle that hit you. As well is the fact that he hit you in the rear, well, that applies when a vehicle hits you traveling in the same direction.
The RIGHT of way, belongs to the driver which is to the RIGHT, you were crossing from the left, if you were exiting the parking lot and he hit you, then the resulting liability would be his. Example would be like this... 3 vehicles enter an intersection at the same time, all have control devices (4-way stop sign) one at 12 o'clock, one at 3, the other at 6, going counter clockwise (right handed direction), the vehicle at 12 would be right to move through the intersection first. Anyways...
Ultimately, ALL INSURANCE's first reaction to to deny, deny, deny... even the best insurance companies sometimes will require you to fight them for policy coverage. They're in a business to make money and don't achieve that by giving it away, even to their own customers.
In reality... if you want to recover the cost of the damage to your vehicle, you could sue the person who waved you on and not the driver of the vehicle that hit you. That person was negligent to give you an ALL CLEAR indication which when you proceeded caused you to be hit by the other vehicle. Maybe you want to talk to someone about that...
Just my $.02
