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Accident.. Who is at fault?

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Old 12-05-2008, 04:34 PM
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Default Accident.. Who is at fault?

So yesterday, I was driving my new car, I don't even have plates on it yet! When I get hit by an MTA bus.

I was all the way over to the right waiting for a pedestrian to cross the driveway when the bus drove by and swiped the side of my car. Mind you I was over to the right as if I were parked, the lane is wide enough for cars to park and still drive by, unsure if the section of road has no parking/stopping signs.

Anyway, the bus passes by and the rubber fender flare hits my mirror only luckily and scraped it up chipped my glass blah blah. It was late last night, actually around this time so it was dark, couldn't really see the damage until today, but it is bad enough that the body shops want to completely replace my mirror/glass/turnsignal.

I haven't reported it to my insurance because if I'm at fault, I would rather not do that so my insurance rates don't go up. I did give a statement to the MTA and they took a report, and couldn't believe the guy that came out had the nerve to tell me just to use some scratch remover on it. Luckily I have a witness that was in the car with me too.

Can anyone recommend anything to me? I got 2 quotes for over $500 of damages/repairs.

Thanks!
Old 12-05-2008, 10:54 PM
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You can probably go through the city for that, if it was an MTA bus... but as for whoms fault it was i'm unsure.
Old 12-06-2008, 09:17 AM
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damn didnt you just buy that car
Old 12-06-2008, 09:30 AM
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Originally Posted by rex714
damn didnt you just buy that car
Yup..
Old 12-06-2008, 10:15 AM
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did you get a police report?
the name of bus driver?

anything on paper to say it happened?

witnesses?

who did you talk to so far?

was there a stop sign or a light that was red or yellow or was there a pedestrian crossing lane in front of you or behind you?

did you signal?




pictures and documentation on this is important.
if you look like a young driver, then no one will take you seriously so you will need pictures and documentations.

pictures not of your car only but of the bus as well. also pics of how your car was when it was stopped at the side of the road.
pics of the layout of the street.

witnesses helps a ton as well.

if you were stopped and he hit you, you are not at fault. if you were moving then it would be more complicated.

NOT ENOUGH INFO HERE.
but from what you have said, your not at fault.
Old 12-06-2008, 10:44 AM
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No police report, MTA came out and took the report, I gave a statement of what happened, my gf was in the car with me who witnessed it go down, no stop sign or light, I was pulling into a strip mall driveway, the pedestrian was crossing the driveway, I have pictures of my car, but not of the bus, the MTA investigator took pics of the bus.
Old 12-06-2008, 12:52 PM
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sounds like you better go get some names
Old 12-06-2008, 02:00 PM
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what do you mean get some names?
Old 12-06-2008, 08:46 PM
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you better tell your insurance or your gonna get f***ed.
and i think its the bus's fault cuz it side swiped you.
now if you swiped the bus then its a different story. i woulda got the bus number first thing after it happened and call the police to get a report.
Old 12-07-2008, 06:50 AM
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get like the drivers name the person who took the reports name and get a police report
Old 12-07-2008, 08:05 PM
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i heard as a bus driver they always assume that the bus driver is at fault in any accident... but if the damage is over $500 then it automatically reported to the DMV ... DMV will probably notify your insurance company... if i were you i'd report it to your insurance company or else u can get screwed... remember that the purpose of insurance is to cover your *** from lawsuits and other insurance companies screwing you over..whether you have your insurance fix your car or not is upto you...but u do have the right just to file the claim and not have them do anything... but u might need them to get your money from MTA's insurance if they prolong it or decide to investigate which is the biggest head ache
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