Dear Mamas,
While driving across the Golden Gate Bridge and through crazy, crowded San Francisco this summer in our 24' RV, I had an minor incident with a bus.
I passed a parked executive bus, meaning, a super huge black limousine style, no markings bus. It was stopped in lane one and occupying part of my middle lane with it's left blinkers on, needing to pull out and go around another bus accident in front of it. So I stopped, flashed my lights (4 times, waited, flashed 4 times and waited). The bus did NOT move, so I attempted to pass it. I almost completely and safely passed the huge monster bus going out of my lane and into the 3rd lane of traffic when the bus driver did this crazy maneuver and lowered her bus. It was rather freaky. I did not know buses could move up and down so much. I'm thinking at least 5-6 feet the bus dropped in height. So it's left side mirror clipped the back arm of the awning on my RV. This means in a 24 foot RV I had less than 5 feet to complete the pass, but was beyond a point where I could have planned or see this bus's side mirror lowering. But because I was the moving vehicle, I am at fault. It seems that because bus drivers need special training and licenses they should be responsible for what they hit going up and down. At some level I should have just gone completely into the 3rd lane to safely pass, but was doing my best to maneuver the crowded streets.
Oh well, please be honest...is there anything else I should think of? Or just accept the claim and now pay the $500 deductible. Ugh....
Thanks in advance for any kind, helpful and informative responses.
Just in case anyone checks for a follow up: No police report was given. We just exchanged insurance info. I spoke with our claims depart today and my insurance/claims intake gal is the one who determined that we would have to accept liability due to the fact that I was the moving party.
Thank you all...I feel better about it now knowing that I'm not alone in my perspective. I now know that huge buses can move up and down and will certainly consider that in tight traffic situations in the future.
I am just trying to imagine 24 foot rv's and limo buses squeezing into city streets... LOL
I am afraid that, as you said, you were the moving automobile at the time.
And despite what should have or could have happened, you were the one "at fault" in the legal sense.
Unfortunately.
Have you filed a claim, either with your insurance company or theirs? Once a claim is filed, the insurance company will determine who's fault it is. The claim adjusters will research the accident, get your statements, look at the police report, etc. You can't stop them from filing it on your insurance, just as they can't stop you from filing on theirs. So, file the claim with their insurance first, see what their company says, and then go from there.
Honestly, just reading your comments, if they were stopped due to an accident in front of them, I wouldn't consider it their fault. You should have moved with enough room to clear the bus. Sorry, I know that's not what you wanted to hear!
He was the first one in the lane even tho it was just partially. He has the right of way. That's just the way the law is written. When you got your citation a traffic law # was included. Go to California State Department of Motor Vehicles web site and look up the law concerning lane usage.
You are right that you should've moved over a lane. You took a chance and lost. Much of navigating thru traffic is that way. Don't be hard on yourself. You did the best that you could given your goal of navigating without causing more of a traffic problem. Now you're more experience and know better. Just another one of those life lessons.
Sounds to me like the bus was also moving! And you should have moved over a lane, so I say you're both at fault...you 25% and the bus driver 75%. Sorry I'm not your agent!
It seems to me that the bus driver needed to consider the fact that he moves up and down, and doing so would cause his vehicle to take up different space on the road. Therefore, as a licensed professional, he should have made sure nothing on his vehicle was going to be out of his lane if he were to lower the bus. You have no reason to "know" a bus could do this, but the driver of the bus surely knows. He should have taken the mirrors at a different height into account as well as the fact there was a vehicle next to him.
It sounds like the bus driver did not adequately look before pulling into a lane.
I'd discuss it with the insurance company before settling. Do you have a police report?
I didn't know buses could raise and lower.
My car does does raise and lower. It is a sport luxury high end convertible and I can raise it before I go over a speed bump for example because under normal circumstances, it sits very low.
Determine if it's worth your time to pursue. If it will raise your premiums for your coverage, pursue checking it out.
My opinion... Bus driver should have been more observant.
Yeah it wasn't moving, you should have gone into the third lane. If there was not a third lane you may have had an argument. The bus was parked so you knew it was there and were obviously driving way too close to it.
I guess look at it this way, wouldn't it be reasonable to assume no one was so close to you that your side mirror would be in jeopardy? The general rule of law is reasonable control. It was reasonable that no one was driving that close to the bus.
By the way they drop about two feet. I have been on a few of them. I think it is pretty cool. It also may be automatic, that I don't know for sure but I think if you put them in park the bus drops.
If the bus was stopped in traffic then you really have no defense.
Buses cant go up and down 5-6 ft. They only go a foot or so to make it easier for passengers to get on and off. Are you sure your awning wouldnt have hit the mirror even if the bus hadnt moved as you said? You might see about finding a bus like it and measure the height when at the highest, and lowest and compare to your mirror. It might have seemed one way to you, and might really have been another. Tough to have to get around in big vehicles on tight streets.
I'd say there is a split as to who is at fault.
Moving doesn't always mean at fault. If a person were to hit the door of a parked car, because the occupant of the parked car opened the door while the driver was pulling into the spot next to it, the driver of the parked car would be at fault. This happened to a friend when his car door was practically ripped off when he opened his door LOL. Boy was he surprised when he was at fault as well. :)
Hmm. That is just weird. Seems to me if that bus was moving down, it was still friggin moving. I'd talk way more about it with your insurance agent before settling.
I'm sorry - I don't get the problem...the black bus was stopped in a traffic lane? without hazard lights on? Seems to me the problem or fault is THEIRS...
It might turn out to be a he said/she said so you might end up spending more than the $500 deductible to take care of it...
Next time I would HONK MY HORN to get the ignoramace's attention!!! No, I don't think it's your fault. But I've not lived in California since 1989...it's not the same state I left!!
GOOD LUCK!!
You were the moving vehicle and are at fault, but the bus driver probably should have checked the mirrors to make sure that there wasn't anything trying to pass first (assuming she didn't check). (Edited to add: plus what TwinMama said, it does sound like the bus was parked illegally especially if there weren't any flares or cones places around the bus on the ground.)
One way or another you're going to have to pay the deductible to get your RV fixed. File the claim regardless, put into writing what happened and draw the little diagram that they make you draw in stages, and explain exactly what happened truthfully without embellishing.
I had an accident this past year in which I was NOT at fault and that was determined right at the scene by the DMV traffic officer who was right there and the police officer who wrote up the incident. Especially when the guy who hit me admitted fault at the scene in front of the cop. Anyway, there was nearly $3K in damages plus replacing my kids' booster seats but I still had to pay the deductible.
Not sure how much help I can be but this seems crazy! The law/rule was obviously made before vehicles had hydrolics of that sort! Also, I haven't been on the bridge for awhile, but the lanes are very narrow. It does seem you would spend more than $500 fighting it but maybe ask your insurance agent (again) if anything can be done. Even though it's a rule it sure seems the bus driver made a questionable move. Another thought. Why would the bus be lowered? If she was doing it against procedures or rules that may have some bearing. Also, isn't up and down "moving"?
The insurance co will probably fault both of you...the other driver for parking illegally and you for passing when you didnt have the right of way. You will both have to pay your own deductibles and your own insurance companys will pay for only your damages.
