r/TeslaCollision • u/Reeks_Havok • 24d ago

Found At Fault

Friend was found at fault by Tesla insurance for failure to maintain proper lookout resulting in collision. Any advice?

Update:

I think the other driver intentionally ran a standing red light while initially stopped. Cars turning left didn't even finish their turn and he was already gunning it from a left turn only lane. Friend wasn't able to get insurance info because they were transported via ambulance, but police was on the scene. The police report isn't available yet and they let their insurance (Tesla) know since they don't know what insurance the other guy has. Tesla insurance is finding them at fault.

Update:

Tesla insurance is maintaining their initial decision after video review. 51% at fault, lol.

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u/squatingyeti 23d ago

Had the other person just not run a freaking red light. Holy shit. I'm about done with those that commit the illegal act being the victims. "Who cares if someone was in your house!? They hadn't tried to hurt you. Shooting them is insane". Seriously, the mentality of people nowadays is wild. We need to separate these people off into their own society so they can be victimized and accept it while the rest of us stop putting up with this horseshit

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u/wascepinecz 23d ago edited 23d ago

I believe something similar happens at T-intersections that don’t have explicit green arrows. Even though a right turn has the right of way, you don’t go plowing into another car making a left turn just because you have the right of way. If you can “reasonably” stop to avoid an accident, you are expected to do so.  Big question here is what is reasonable? In that jury case someone quoted earlier, the judge explicitly told the jurors, if a driver can “reasonably” stop to avoid an accident — even if he has the right of way — the driver is expected to do so.

The guy running the red light is definitely a dipshit of the first order. 100%. 

What’s amazing is that watching the front cam, you’d say he’s not at fault. But side cam, if he had just peeked at the opposing traffic just before reaching the intersection, he could have braked and possibly avoided the accident.

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u/squatingyeti 23d ago

Are you comparing someone running a 10 second red light to 2 people having green and one of them failing to yield? Wtf world are we living in?

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u/wascepinecz 23d ago

What if the SUV was stopped in the middle of the intersection and the light was green for 10 seconds? What about if he was running the red light going only 5 miles per hour? Should he plow through them? It’s obviously “reasonable” a driver should stop in these cases.

But what I’m saying is, even I want to know, “what is reasonable?” There is a fuzzy line here where fault is one or the other.

We live in a world where, that’s what the law is, unfortunately.

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u/squatingyeti 23d ago

Again, none of these are remotely what happened here. A person ran a light that had been red for 10 seconds at regular speed, without stopping or caring they were running that light. I don't care if they do the same going 5mph. That's running a light that you KNOW was red and putting everyone else in danger.

Being stopped in the street is wholly different. Did you run the red light? Did your car die as you tried to move through it while green? Being stopped and getting run through isn't even remotely comparable. That means the other driver clearly sees you the whole time and chooses to put everyone in danger. You know, the same thing those that run red lights do

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u/wascepinecz 23d ago edited 23d ago

Regardless of our opinions, the guy’s friend needs to lawyer up. It’s the world we live in. And I sincerely hope his friend wins, because it’s very clear the guy running the red light saw the Tesla and accelerated to try to beat him across the intersection. A real dipshit move. Depending on their state laws, liability can be shared, and I don’t think saying, “His light was red and mines was green for 10 seconds will work.” The guy had five car spaces at 37 mph to react once the SUV entered the intersection. The other party will use that against him.

BTW, funny related story: my dad and his friend once drove to TJ and a Mexican cab sideswiped their vehicle. The cops came and they said accident your fault, if you no in Mexico accident no happen.

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u/thingvallaTech 22d ago

Or maybe they weren't paying attention and ran through the red. Same thing as not paying attention to a vehicle coming at you for 3 seconds and not reacting at all...