Car Accident, who's fault?
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Car Accident, who's fault?
Damn, today i was driving in the freeway and suddently some fool changed lane and caused me to smash into his rear bumber (where the gas tank is located). The cops came and said, since I don't have a witness that he suddently changed lane, he (the cop) can't write anythign up. So now, the insurance company will have to figure it out. Damn, I hope my insurance company will pay for the damange for my car, my left headlight is smashed up into pieces and my fender is totally gone. It is still drivable and the only damange is on my left side of my car, look freaking jacked up. Anyways, if you guys know anything about car accidents, tell me some information on insurance and how they will fix my car; that way, i'll know, and my stress level can go down a bit.
Thanks for listening.
Thanks for listening.
Last edited by Rx7_Fan; Feb 10, 2005 at 10:04 PM.
If you hit him in the rear your at fault. No matter what he did you should always have control of your car and be able to avoid hitting another car. As for how insurance works...it can get tricky. Basically you have a deductable (money you pay out of pocket) then they pay the rest. Since your prob at fault the accident will be charged to you and your ins company will pay to fix his damages. That means you can say hello to higher rates for the next three years. It really depends on who is found at fault, and like I said since you hit him square in the rear end chances are you will be at fault...sorry.
I almost got into accident like that luckily I kinda swirved into the side of the freeway enough to fit 25% of my car and the other car that was coming into my lane stopped because that wouldve been his fault. But if you hit him straight on from the back of his car, most likely your at fault. Unless theres traces of you hitting his side even a little would count.
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I didn't really hit him in the rear bumper, i hit him where the gas tank is. You know, like the side rear end. The police did not writing anything down, so basically, it's my word against his. Only the left fender of my car is messed up since it's the part where I hit him when he decided to change lane. He did not use the turn signal.
if you have his info, call his insurance company and file a claim immediatly. dont call yours, if he wants to then he can. but try to call and make the claim first and that will definetly help your case. never ever call your own insurance company if you are not at fault.
was his entire vehicle already in your lane by the time you hit him? if so, how long was he in your lane before you collided with him?
if he didnt use signal, say you didnt expect him to take your lane. thats 1 point for you..
tell us the full detailed story
if any damage over $500, you must contact dmv within 10 days. and you must contact your insurance within 10 days too i believe. if your at fault, in order to have them pay for your repairs, you have to pay a $500 deductable. now if you werent at fault, eventually the deductable will be reimbursed. deciding if your rates or his rates will go up, it matters on which insurance, policy, etc. usually if your not at fault, your rates wont go up while the other drivers will.
next time, always file a police report for evidence docment for insurance to use. wheather your at fault or not. (best to file if your NOT at fault)... proof for reliability under the officers statement and the drivers.
if he didnt use signal, say you didnt expect him to take your lane. thats 1 point for you..
tell us the full detailed story
if any damage over $500, you must contact dmv within 10 days. and you must contact your insurance within 10 days too i believe. if your at fault, in order to have them pay for your repairs, you have to pay a $500 deductable. now if you werent at fault, eventually the deductable will be reimbursed. deciding if your rates or his rates will go up, it matters on which insurance, policy, etc. usually if your not at fault, your rates wont go up while the other drivers will.
next time, always file a police report for evidence docment for insurance to use. wheather your at fault or not. (best to file if your NOT at fault)... proof for reliability under the officers statement and the drivers.
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Originally Posted by soonercivic
if you have his info, call his insurance company and file a claim immediatly. dont call yours, if he wants to then he can. but try to call and make the claim first and that will definetly help your case. never ever call your own insurance company if you are not at fault.
i have always been calling my own insurance company when its not my fault, and my insurance co. will help me to chase the other ppl down after i give them their info, and they'll pay for the repairs w/o me paying for deductable.
i mean its kinda hard to get the other party's insurance to pay you. just a recent accident i had.. the other party's insurance actually told me that the other party is not insured with them after like 2-3 months of the date of the acccident when i clearly have their info and insurance policy number and expiration date. they just say the person "cancelled" the policy before the accident.
when you call your own insurance company, sure they might pay it, but that is something that would probably impact your premium depending on your previous driving history whether they get their money back or not. the only time your company is supposed to pay is when you are hit by someone with no insurance or like a hit and run. in a case like you have now, by calling the other persons company you will be making the claim that the other person is at fault as opposed to your company paying and then subrogating the other person. the accident in which the person hit you and supposedly cancelled the policy before the accident, what you should have done is gone to the agent and asked to see the date the policy was cancelled. if the person did actually cancel before the accident, which a lot of people do, you would have been sol then your company would have paid.
OR you file a claim thru your OWN insurance and they can/will sue the other driver (thats if their are fault and your not). as soon your insurance agent contacts the others, they will collect the money from them and then that share goes to your auto repair. thats why its neccessary to have a police report written down or officers statement in handy for proof of document.
if your gonna just call the other drivers insurance, they prob wont bother to help you or give you great service. think about it, your calling them and u want them to pay for your ****, how are they going to react? i have AAA and i file thru my own insurance, i got my $500 deductable back and my rates arent going up. their under investigation right now with the other drivers insurance. i have a signed contract with the other driver (who was at fault) and if they refuse to cash out my insurance company, a lawsuit or court is gonna happen.
if your gonna just call the other drivers insurance, they prob wont bother to help you or give you great service. think about it, your calling them and u want them to pay for your ****, how are they going to react? i have AAA and i file thru my own insurance, i got my $500 deductable back and my rates arent going up. their under investigation right now with the other drivers insurance. i have a signed contract with the other driver (who was at fault) and if they refuse to cash out my insurance company, a lawsuit or court is gonna happen.
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out here in vegas. the news reported on this "manuver" that people do to other drivers to get insurance money out of them. i guess it works like this......car #1 (you) driving down the road....car #2 gets on the right of you. car #3 get on the left. and a 4th car gets infront of you...then car #4 slams on his breaks causing you to hit him. while car 2 and 3 keep you in that lane....kinda ****ed up hu.
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