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Old 07-16-2012, 07:12 AM
36 posts, read 196,511 times
Reputation: 23


Last week i was in a small car accident, first time ever in all the years i've been driving. I was on my way to work on a 3 lane road, had my blinker on to get over for a while, finally got over successfully. The person behind me kept speeding up and was tailgating me, could not see the grill of his car or his headlights. When 2 turning lanes opened (im in front of him with blinker on to signal i am entering the turning lane) i made my way into the closest lane near me which opened right off the lane i was in and when he was entering the far left lane he hit me from the back left side and slid against my fender. The ins companies are saying im at fault but it is not final, my ins company took my statement but said i should file with his, i did, they told me they would wait to hear from his ins then contact me (my ins never called me) when asking how they are finding me at fault they simply stated he sent photos in. I told his and my ins i had photos they told me it was not needed!!!!( i asked to send my photos in 30 mins after the accident happened when i first called both ins companies) He has rust on the side he is claiming i hit (he has a white car....no blue paint (mine) is present where he is claiming most of the damage is from). Am i ableto get the video from the traffic cams or do i need a lawyer to do that if it comes down to that. Today my Dad is calling the ins company (both) to figure out why they are neglecting to accept my evidence. Im 25, but they seem to refuse to call me and correspond with my father who wasn't even there and can not give a statement...btw..the peron that hit me made a false statement from the start..according to his story i would be going the wrong way to work...
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Old 07-16-2012, 07:27 AM
Location: Dallas
164 posts, read 530,843 times
Reputation: 108
Am I missing the part about the police report?
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Old 07-16-2012, 07:47 AM
1,518 posts, read 2,440,869 times
Reputation: 1022
Originally Posted by Handsome Stranger View Post
Am I missing the part about the police report?
Agreed - if you don't have a police report, it's your word against his. And if you don't have any witnesses, well, there's not a whole lot you can do. In this situation, at best, I wouldn't be surprised if each of you had to file with your own insurance in the end.
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Old 07-16-2012, 09:38 AM
Location: Middleton, Wisconsin
4,229 posts, read 15,379,896 times
Reputation: 2284
This sounds like a 50/50 liability. I process auto claims all day at a large insurance company and see accidents like this. You both seem to be responsible, Did you know where he was when you changed lanes? Did he know where you were when you changed lanes? Get a lawyer if you think you need one. A police report doesn't do much as insurance isn't going to play on the officers liability determination. Sounds like they will have to investigate some more. Sorry to hear your dealing with this.

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Old 07-16-2012, 09:52 AM
36 posts, read 196,511 times
Reputation: 23
according to plano police he didn't have to right a report...he said he just had to make sure we exchanged info, and it wasn't a cut and dry accident meaning no ticket violation, there were no injuries reported and he would only do a report if it was somethign like he ran a red light and hit me. Ive never heard of that explanation before i was under the inpression that there has to be some type of a report...he also told the guy who hit me to make sure he does not follow to close to vehicles... he to both our DL info, wrote it on a little piece of paper and that was it.
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Old 07-16-2012, 10:00 AM
36 posts, read 196,511 times
Reputation: 23
I was already in the turning lane before he hit me, he tried t get into the next lane and he didn't clear my car but the ins says they are siding with him although the decision has not been made final. My issue is that i keep trying to get info to send all the pictures i took into them and they keep telling me they do not need it, BUT they ins company told me HE SENT HIS PHOTOS into them...why are they neglecting my information...it's evidence!!!!!! I really would love to get the traffic cam footage to prove my case...my car has damage starting on the side of the back bumper and is visible when standing directly behind my vehicle...and he gave complete false information he claimed i was in the far right lane.....everything happened on the left side of the road...someone who doesn't know what left and right is, is getting what they want while the person who followed the rules of the road is getting screwed....it makes me sick to my stomach...btw...he only (supposedly) turned in photos of his own car...i have his and mine...he gave me his ins without his current car info on there...he claimed he had the car for 2 months he kept repeating it to the cop, finally i got frustrated and state" i apologize you've only had your car for 2 months, i bought my 2012 brand new vehicle on 5-31 and my car payment isn't even due yet, i know the feeling"

btw- the adjust. for his ins is suppose to call me this week to schedule to come out and look at my car..according to my ins they had no idea about this... when ask what the proccess is they stated the ins companies will duke it out...and an adj. will take a look to eval the damages..
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Old 07-16-2012, 10:02 AM
458 posts, read 994,540 times
Reputation: 306
It may depend on where you live but I know around here if there is less than $1000 worth of damage, no citations, and no injuries the police don't need to write a report. The police report is NOT necessary for determining liability though. The insurance companies do this independently although they will look at a police report if it exists. It seems like there is minor damages in this case, which means they will likely chalk it up as 50/50 liability meaning you will each need to make a claim with your individual insurance.

Some things worth noting that MIGHT be in your favor:
-Striking vehicle is usually at fault, but not always.
-Persons changing lanes are usually at fault, but not always.
-If the damage is to the rear side of the vehicle, the other person is usually at fault, but not always.

In minor damages like this, it is hard to determine who was the striking vehicle though. He might be claiming you struck him while changing lanes. Which is a fairly common accident based on the location of damages described here. This would place you at fault if they decide this is the case.

How much damage is there to your vehicle?
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Old 07-16-2012, 10:53 AM
36 posts, read 196,511 times
Reputation: 23
his right fender is damaged as well as a portion of his bumper where he hit my bumper..there is my blue pain on his car on the right upper fender. The portion with most of his damage is rusted and there is no visible blue paint but grey/black color around that area...i have no black or grey on my car...no rust. His head light is busted at the top...my back left side(fender) is missing and bent, my left side back bumper is scraped up to the metal. my damage is honeslty not much, barely noticable unless you are a few feet away from it looking at it from the back and also from the side.

it would cost me less to fix it myself then going through my ins and paying the deduct.
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Old 07-16-2012, 10:56 AM
Location: Vallejo
13,997 posts, read 15,994,517 times
Reputation: 12610
If you were completely in the turn lane for a good amount of time, you'd have a point. But that doesn't sound like the case, and it's pretty much impossible to prove. My mom got in the exact same accident years ago while I was in the car. To this day, she swears it was completely not her fault. Not exactly. The other guy "jumped" the lane change before the striping indicated it was open (two turning lanes) and accelerated hard to the far left turn lane. She went into the near turn lane cutting him off in the process. Contact was his passenger's fender and her rear quarter panel. Her car was completely in the near lane, had been for a split second, but she still cut him off. Analogous to how if you change lanes and then get rear-ended two seconds later by the car you cut off it's not his fault. Anyway, in her case it ended being no fault. The insurance companies bickered and ended up paying for their own driver's damage.

My advice in that situation would be to first of all do everything you can to get that car around you. If you're coming up in a few blocks on your turn, slow way down. If it's a 35 go 30 or 25. Those drivers are accidents waiting to happen. Make him pass you. If you've got a few blocks signal and gradually move your car to indicate you're getting over while watching him to make sure he doesn't fly-by into the lane you're going to. Then quickly make the lane change so he doesn't take your rear-end out when he speeds by. Eventually these things catch up, but it takes years. In a major accident with injuries that goes to litigation, driving record is a key issue. Just be thankful you were one of the minor accidents laying the foundation for when this guy actually hurts somebody.
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Old 07-16-2012, 11:15 AM
3,185 posts, read 5,760,296 times
Reputation: 1818
The other guys insurance wouldn't be looking at your car if they weren't going to pay . This sort of thing happens all of the time and the insurance company adjusters will figure it out. If they say after investigating both are at fault there is little you can do. Insurance companies only pay attention to lawyers most of the time.
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