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post #1 of 44 (permalink) Old 02-21-2007, 03:52 AM Thread Starter
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This happen to anyone?

First off let me explain what happened. I was on the left turn lane and pushed up so when it turns yellow or if there were no cars I was going to turn. The light turns yellow then red as I was turning this car comes speeding down and hits me on the side. Car looks totaled when I got out to look. First question was me turning on a yellow illegal? I mean I told the cop and he didn't give me a ticket, so I'm guessing it's not my fault. Second when me and the other driver went to the police station, the girl didn't have a license and maybe no insurance cause it was her uncle's car. If they have no insurance am I fucked on whose going to pay for the car damages? Will my insurance have to pay me and since they have no insurance my rates get jacked? Will I have to take them to civil court? (I heard I would be lucky to get money out of them) ahhhh! dammit

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post #2 of 44 (permalink) Old 02-21-2007, 03:58 AM
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ya might wanna run to the corner store and pick up some KY jelly...

Seriously though, wish ya luck with that.
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post #3 of 44 (permalink) Old 02-21-2007, 04:01 AM Thread Starter
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haha. On the way home I picked up some ICENHOT for the morning cause I know i'm going to be hurting, haha.

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post #4 of 44 (permalink) Old 02-21-2007, 07:50 AM
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did you have uninsured motorist on your car's insurance? If you didn't get a ticket, odds are the insurance company will pay. It's not your fault that the other driver didnt' know how to pay attention.

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post #5 of 44 (permalink) Old 02-21-2007, 07:59 AM
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You can legally make a left turn on red. If you where already in the intersection while the light was green.

Sorry to hear about the accident. At least no one got hurt, and you didn't get a ticket. Those are all good thing in your favor.

Goodluck with the upcoming court visits.

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post #6 of 44 (permalink) Old 02-21-2007, 08:44 AM
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I can speak from first hand experience with this one. Something VERY similar happened to me only a few weeks ago.

First of all, as long as there wasn't a red arrow for the left turn you were totally legal. You were legal in exiting the intersection as the light turned red. The girl that ran the red and hit you is going to be completely at fault. I'll PM you more about the legal details of my case. I have a lawyer so I don't want to post my story on the board until the case is resolved.

Now, for insurance. Your insurance company will pick up the initial bills. You'll have to pay the deductable up front. I'm assuming the car was insured by her uncle. If so then your insurance company will go after his ins. co. It will be their job to get your deductable back for you. That's the property damage part.

For the medical damage, I highly suggest you get a lawyer. With doctor visits and other expenses you're going to want representation when dealing with the other insurance company.

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post #7 of 44 (permalink) Old 02-21-2007, 10:58 AM Thread Starter
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Thanks for the info. I'm waiting for a call from the agent and the officer to see if they have insurance or not yet. Chills got your pm but it won't let me respond haah..thanks for the info...
Ill post back later on as I get more info... as for now imma hit the bath tub haha

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post #8 of 44 (permalink) Old 02-21-2007, 08:33 PM Thread Starter
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Soooooooo, the girl doesn't have insurance it seems and she left a message on my answering machine. She left a message asking what are we going to do about her car and call her back, i'm just dumbfounded right now as to, if i should call her back.

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post #9 of 44 (permalink) Old 02-21-2007, 11:47 PM
 
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Well I have heard of and had some involvement in such an incident. Contrary to what Jay mentioned, it is illegal to turn into someones path, regardless of lights. I am now not recalling the exact wording of the law. I am surprised you were not issued a ticket for it.
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post #10 of 44 (permalink) Old 02-21-2007, 11:50 PM
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If you are making a left hand turn.. You are responsible... that is the Illinois state law.. almost no exceptions
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post #11 of 44 (permalink) Old 02-21-2007, 11:55 PM
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Quote:
Originally Posted by Monster231 View Post
If you are making a left hand turn.. You are responsible... that is the Illinois state law.. almost no exceptions
Except if another car blatently disobeys a traffic signal. Turning left on a green arrow and getting hit by oncoming traffic would be the same thing. The girl is screwed.

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post #12 of 44 (permalink) Old 02-21-2007, 11:55 PM
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Quote:
Originally Posted by Monster231 View Post
If you are making a left hand turn.. You are responsible... that is the Illinois state law.. almost no exceptions
Good to know, when I want a new car ill just fly into someone going about 40 when their still sitting in the middle of the intersection on a red!

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post #13 of 44 (permalink) Old 02-21-2007, 11:59 PM
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My understanding is, it is legal to make a left turn on red, once all traffic has cleared (that is traffic traveling opposite direction you are).

In rush hour traffic, as many as 3-8 (or more in some areas) cars will run the red to make it, you must wait for them all to clear.

Relative to the oncoming traffic, were you near the inside or the outside lane when she hit you (outside = curbside, inside = median).

With regards to insurance, in IL, it is the car that's insured, not the driver (although from the above posts it doesn't seem to matter much in this case).

I learned this recently being involved in a hit and run. My car was hit while I was asleep. The guy was apparently arrested for a dui earlier in the night then released (why his car was not impounded is beyond me). Anyways, somehow the car magically ran across the curb, over the sidewalk, and then clipped my bumper.

Fortunately a tree stopped the car dead in its tracks, else it would be in my living room.

In the morning, the driver was nowhere to be found, but the car was.. right where he left it, in front of the tree.

We're still trying to get his insurance info.

Last edited by GPz1100; 02-22-2007 at 12:35 AM.
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post #14 of 44 (permalink) Old 02-22-2007, 12:25 AM Thread Starter
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I don't know why the cop didn't issue me a ticket, I told him that the light was yellow and the car was at half a block and when it turned red I was about to turn and the car just speed up trying to get thru. I'm not going to quote what the cop said just incase, but he said in a way I wasn't at fault looking at where my car was hit and sitting at.
Now my understanding is if it's a point of no return then it's legal, but if it's a red light and the car wasn't at a point of no return and still didn't slow down then it's that cars fault. Isn't that the way it is? I wish I remembered what I learned in High school, lol....

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post #15 of 44 (permalink) Old 02-22-2007, 07:48 AM
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Quote:
Originally Posted by Brian View Post
Well I have heard of and had some involvement in such an incident. Contrary to what Jay mentioned, it is illegal to turn into someones path, regardless of lights. I am now not recalling the exact wording of the law. I am surprised you were not issued a ticket for it.
Sorry, but that is not correct. If the light is red then Incubi had the right to exit the intersection. She ran the red light, which is a failure to obey a traffic signal. Trust me here Brian, I went to court 8 days ago and testified in a criminal trial in a case almost exactly like the one Incubi is in. I am quoting a police officer from the trial.

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post #16 of 44 (permalink) Old 02-22-2007, 07:53 AM
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Quote:
Originally Posted by Monster231 View Post
If you are making a left hand turn.. You are responsible... that is the Illinois state law.
Wrong wrong wrong wrong..... wrong wrong wrong wrong

You're wrong

You're wrong



You're wrong


If one is in an intersection making a left turn, the light turns red, then that persone is in the right-of-way to complete the left turn and exit the intersection. If another car runs the red light then they are at fault. It's failure to obey a traffic signal.

It doesn't matter if 3-8 cars run the red light, you still have the right of way and if you get hit it's their fault.

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post #17 of 44 (permalink) Old 02-22-2007, 07:54 AM
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Quote:
Originally Posted by Incubi View Post
I don't know why the cop didn't issue me a ticket, I told him that the light was yellow and the car was at half a block and when it turned red I was about to turn and the car just speed up trying to get thru. I'm not going to quote what the cop said just incase, but he said in a way I wasn't at fault looking at where my car was hit and sitting at.
Now my understanding is if it's a point of no return then it's legal, but if it's a red light and the car wasn't at a point of no return and still didn't slow down then it's that cars fault. Isn't that the way it is? I wish I remembered what I learned in High school, lol....


Incubi, was the light red when she went through? That's the key. If the light turned red before she entered the intersection then she is at fault. No if's and's or but's about it.

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post #18 of 44 (permalink) Old 02-22-2007, 09:04 AM
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Quote:
Originally Posted by Incubi View Post
Soooooooo, the girl doesn't have insurance it seems and she left a message on my answering machine. She left a message asking what are we going to do about her car and call her back, i'm just dumbfounded right now as to, if i should call her back.
Its not her fault you where in her way!

Don't call. I'd let my insurance contact her, or my lawyer.

Did she enter the intersection on a red? Path of travel being head-on.

Or

A new green light, traveling the other direction? Meaning did she "time" her signal, not realizing the intersection was not cleared.

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post #19 of 44 (permalink) Old 02-22-2007, 11:20 AM Thread Starter
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it was red when she ran the light. I talked to the cop earlier this morning and he said the reason he didn't give me a ticket is, if the signals were a "turn on arrow" only light then yea I would be at fault, but since it wasn't and i was in the middle of a intersection w/ a red light, I had the right to turn. And i forgot to ask if she got any other tickets besides the no insurance and no license.

She has called me 5 times so far also and I haven't returned her calls. Should I return'em? She leaving messages saying she needs her car and when will she receive her money for it etc... I want to call back and just say, so after this you still want to drive w/ no insurance and no license, what if you were in a more serious accident and the other driver was hurt? what are you going to do? and etc.... I had accidents it's just a big headache haha

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post #20 of 44 (permalink) Old 02-22-2007, 11:29 AM
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Quote:
Originally Posted by Incubi View Post
it was red when she ran the light. I talked to the cop earlier this morning and he said the reason he didn't give me a ticket is, if the signals were a "turn on arrow" only light then yea I would be at fault, but since it wasn't and i was in the middle of a intersection w/ a red light, I had the right to turn. And i forgot to ask if she got any other tickets besides the no insurance and no license.

She has called me 5 times so far also and I haven't returned her calls. Should I return'em? She leaving messages saying she needs her car and when will she receive her money for it etc... I want to call back and just say, so after this you still want to drive w/ no insurance and no license, what if you were in a more serious accident and the other driver was hurt? what are you going to do? and etc.... I had accidents it's just a big headache haha
Lawyer up, and don't return the calls it can only hurt you never help you IMO.
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post #21 of 44 (permalink) Old 02-22-2007, 12:03 PM
 
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My only advice is to lawyer up and let the lawyer speak to her and the insurance company. The insurance company won't do or give you jack if they don't have to and by you not knowing all the loopholes they might write you a check that's not worth crap. A lawyer will get you what you're suppose to have.

Just stay up late at night, turn on the tele and wait for some lawyer commercial. You'll be gold then!
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post #22 of 44 (permalink) Old 02-22-2007, 06:19 PM
 
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Quote:
Originally Posted by Chills View Post
Sorry, but that is not correct. If the light is red then Incubi had the right to exit the intersection. She ran the red light, which is a failure to obey a traffic signal. Trust me here Brian, I went to court 8 days ago and testified in a criminal trial in a case almost exactly like the one Incubi is in. I am quoting a police officer from the trial.

Well then ...the law was changed within the last year. I have scraped up dozens of cars in intersections from such an accident. I have also had an employee go head on into a car making a left while he was running the red light. In all cases, the person putting their vehicle in the path of the other, regardless of traffic signal, was at fault.
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post #23 of 44 (permalink) Old 02-22-2007, 06:22 PM
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Lawyer up, and don't return the calls it can only hurt you never help you IMO.

+1. Do not return her phone calls. Get a lawyer to represent you.

From the description of your accident then she was totally at fault. It's going to take awhile, but you'll eventually get your money from this.

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post #24 of 44 (permalink) Old 02-22-2007, 08:40 PM
 
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Heres how it reads in the SOS rules of the road, Traffic Laws:

Right-of-way laws tell drivers who goes first in different situations. To yield means a driver gives the right-of-way to another driver or pedestrian. A driver must yield:

to oncoming traffic when making a left-hand turn.

I spoke to a cop, and he agrees. The only time the left hand turn driver has the right of way is when he has a greeen arrow. In all other instances, he is to make sure the intersection is clear prior to completing the turn. He will be forwarding me the exact law that outlines this.
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post #25 of 44 (permalink) Old 02-22-2007, 08:42 PM
 
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Quote:
Originally Posted by Chills View Post
Wrong wrong wrong wrong..... wrong wrong wrong wrong

You're wrong

You're wrong



You're wrong


If one is in an intersection making a left turn, the light turns red, then that persone is in the right-of-way to complete the left turn and exit the intersection. If another car runs the red light then they are at fault. It's failure to obey a traffic signal.

It doesn't matter if 3-8 cars run the red light, you still have the right of way and if you get hit it's their fault.

ps ..you might want to take out a wrong or two ...or redirect them at yourself.
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post #26 of 44 (permalink) Old 02-22-2007, 10:30 PM
 
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IF you are one of these idiots that moves to the middle of the intersection when there is OBVIOUSLY no way that traffic will clear before you can turn left.... then you scramble to get out of the way before cross trafic continues on their green light.............. you deserve all the damage incurred, plus some.

If not.... sorry, don't mind me, I'm just one of the few that still has common sense.
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post #27 of 44 (permalink) Old 02-22-2007, 10:48 PM
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Well, none of us were ther including some of us who think we are lawyers who have talked to cops about a situation where the cop was not there either.

Either way don't you dare call that dumbass back. have your insurance company call her. they have lawyers on staff for this reason. You call her back you may as well bend over and pack it with vasaline as I'm sure she will be recording the call.




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post #28 of 44 (permalink) Old 02-22-2007, 10:49 PM Thread Starter
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Originally Posted by barryd View Post
IF you are one of these idiots that moves to the middle of the intersection when there is OBVIOUSLY no way that traffic will clear before you can turn left.... then you scramble to get out of the way before cross trafic continues on their green light.............. you deserve all the damage incurred, plus some.

If not.... sorry, don't mind me, I'm just one of the few that still has common sense.

This wasn't during rush hour.

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post #29 of 44 (permalink) Old 02-23-2007, 08:18 AM
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Quote:
Originally Posted by Brian View Post
Heres how it reads in the SOS rules of the road, Traffic Laws:

Right-of-way laws tell drivers who goes first in different situations. To yield means a driver gives the right-of-way to another driver or pedestrian. A driver must yield:

to oncoming traffic when making a left-hand turn.

I spoke to a cop, and he agrees. The only time the left hand turn driver has the right of way is when he has a greeen arrow. In all other instances, he is to make sure the intersection is clear prior to completing the turn. He will be forwarding me the exact law that outlines this.

But that is a moot point when the light turns red, as it did in Incubi's case and mine. As long as there isn't a red arrow then you are legally allowed to enter the intersection prior to making the left turn. The other driver entered the intersection after the light turned red, so the left turner has the right of way.

I'll send you a PM about the trial I was just in.

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Last edited by Chills; 02-23-2007 at 08:31 AM.
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post #30 of 44 (permalink) Old 02-23-2007, 08:30 AM
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Quote:
Originally Posted by Brian View Post
ps ..you might want to take out a wrong or two ...or redirect them at yourself.


Nope, I am right. Check your PM's.


EDIT: I had been watching Scrubs and Dr. Cox was telling JD he was wrong and singing it... that's where all of those "wrongs" came from. I might have gotten carried away.

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Last edited by Chills; 02-23-2007 at 08:52 AM.
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