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Old 12-28-2013, 03:38 PM   #1
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Default Car Accident

Hey guys (And gals!),

Car accident story.

The roads were ****, and the other driver was obviously driving faster than was safe, and managed to nail me from behind while I was turning left. Nothing special so far.

We go and pull over, exchange info, and the other driver seriously did not want to call the cops. They are driving a brand new fully-optioned truck, so I didn't put a lot of thought into it since she obviously had < $200 of damage, and I had < $700 in damages to my vehicle (Total cost to repair: $266 + shipping and an hour of my time)

I called to report it to my insurance company within the hour, and made the required call to the police and got a case number. Then the problem happens a few days later, as I call the other drivers insurance company to verify that the other driver gave me fake info as it was mentioned it was likely based on the insurance info they gave me.

The issue comes up is this: I ended up injured in the accident, although I'm fully covered by PIP as well as pretty decent insurance. So I get pissed off and track down the other driver on the principle of the matter, and start a claim with their insurance company. Of which in this process I also confirmed the other driver had not contacted either my insurance company or their insurance company by a week later.

The next thing I hear from their insurance company is "The other driver is claiming you made a left turn from the right lane, and made them run into you!".

The physical evidence could go either way, which pisses me off. Any advice, MT? (I am well aware I should have called the cops, I just didn't give a crap for that little damage, and only pursued filing with the other company because of the pure douchebaggery of giving false info.)

Last edited by blaen99; 12-31-2013 at 01:27 PM.
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Old 12-28-2013, 03:49 PM   #2
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Your word against theirs now, and you gotta prove to the Ins that you're the one not lying.

If you win consider yourself lucky, if you lose consider this a valuable lesson.
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Old 12-28-2013, 03:51 PM   #3
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Quote:
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Your word against theirs now, and you gotta prove to the Ins that you're the one not lying.

If you win consider yourself lucky, if you lose consider this a valuable lesson.
I can prove they gave me fake info, in their own handwriting no less. This is the part that baffles me. With any other situation, that would instantly tank any story the other party has, but it seems to be different in this situation.
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Old 12-28-2013, 03:52 PM   #4
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That means nothing IMO. Instead of being Nancy Drew, you should focus on proving to the insurance company that the other party is 100% at fault and you were just too stupid to take proper action like call the cops as well as contact their insurance right away.

If you really are not at fault and not making this sound less incriminating than it really is, then you should be able to show them with pictures, diagrams, etc.
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Old 12-28-2013, 03:54 PM   #5
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Quote:
Originally Posted by 18psi View Post
That means nothing IMO. Instead of being Nancy Drew, you should focus on proving to the insurance company that the other party is 100% at fault and you were just too stupid to take proper action like call the cops as well as contact their insurance right away
I contacted their company as soon as I got valid information from their company, which they can validate on their end. No worries on that end, even their company is not disputing that I contacted them as soon as I physically could.

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If you really are not at fault and not making this sound less incriminating than it really is, then you should be able to show them with pictures, diagrams, etc.
It's a he said/she said situation right now.

Last edited by blaen99; 12-28-2013 at 10:34 PM.
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Old 12-28-2013, 03:55 PM   #6
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It sounds like a bad situation honestly, and good luck with it
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Old 12-28-2013, 04:09 PM   #7
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Thanks Vlad.

I'm just incredibly frustrated with the whole process. I can point to several places where the other driver has lied, mind you with proper documentation, and it's just incredibly frustrating
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Old 12-28-2013, 04:31 PM   #8
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Pre decent cell phone cameras I kept a disposable one in the glove box just for this reason. Hope it works out for you.
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Old 12-28-2013, 06:27 PM   #9
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Definitely should have taken pics of the accident. I'm confused though, it sounds like u were turning and got tboned in the passenger side by oncoming traffic. Even if they were speeding sounds like u didnt check/see them coming at you while turning left. Maybe I'm not understanding what you're saying here but it sounds like u failed to check to see if the road is clear before making your turn.
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Old 12-28-2013, 09:03 PM   #10
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Quote:
Originally Posted by triple88a View Post
Definitely should have taken pics of the accident. I'm confused though, it sounds like u were turning and got tboned in the passenger side by oncoming traffic. Even if they were speeding sounds like u didnt check/see them coming at you while turning left. Maybe I'm not understanding what you're saying here but it sounds like u failed to check to see if the road is clear before making your turn.
The other driver came from behind, Triple, not in front.
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Old 12-28-2013, 09:26 PM   #11
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Quote:
Originally Posted by blaen99 View Post
I called to report it to my insurance company within the hour...

...as I call the other drivers insurance company to verify that the other driver gave me fake info as my agent mentioned was likely based on the insurance info they gave me.

... I also confirmed the other driver had not contacted either my insurance company or their insurance company by a week later.
If all of the above is true then it's on the record and the timeline can be verified. It would be clear the other driver was pulling some BS because if it was your fault they would not have provided fake insurance info and waited a week to report. If you reported within the hour, that would also add credibility to your story, if it went to court.

Last edited by 05pearl; 12-28-2013 at 09:40 PM.
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Old 12-29-2013, 09:06 PM   #12
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Quote:
Originally Posted by blaen99 View Post
The other driver came from behind, Triple, not in front.
Ah i see, yeah misunderstood what happened.

Well the fact that they gave you incorrect info on purpose and didnt make a report asap is a good place to start fighting from. Definitely good luck and hope it goes your way.
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Old 12-29-2013, 09:09 PM   #13
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Dash cam time.
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Old 12-29-2013, 09:11 PM   #14
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Hmm indeed. Wonder what cam to get. Perhaps theres a thread on the forum already discussing dashcams?
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Old 12-29-2013, 10:02 PM   #15
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samnavy...
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Old 12-30-2013, 12:18 AM   #16
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It's in the other insurance company's interest to believe their client because it exculpates them.

Let the insurance companies figure it out. Move on with life. There are a lot of douchebags out there. I hope we still outnumber them, but I grow less and less sure all the time.
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Old 12-30-2013, 03:29 AM   #17
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I got a really weird call from the company Friday. They wanted a recorded statement, and asked about things like "Did I have collision" and "Was turning from the right lane legal"

Anything to worry about guys and gals? In hindsight, it was pretty odd, and I know now that you never give a statement to the opposing company, but hey. Please keep in mind they also wanted a statement from my passenger as well, and the whole situation was awfully weird to me.

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Dash cam time.
+1 to this, although I'm not certain how much good a dash cam would have been in hindsight.
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Old 12-30-2013, 03:32 AM   #18
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Huh? That's completely standard procedure that every insurance company does, so yeah tell them the truth
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Old 12-30-2013, 03:35 AM   #19
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Quote:
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Huh? That's completely standard procedure that every insurance company does, so yeah tell them the truth
Thanks Vlad!

I've never been through this before, so the whole situation is new and weird to me.
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Old 12-30-2013, 08:26 AM   #20
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I had this happen to me once- Approaching a red traffic light, light turns green and so I proceed without stopping, because that's what we do on green lights around here. A driver coming from the opposite direction pulls a banzai move through her now red left turn traffic light, and I tag her hard in the passenger door.

My Cadillac and her brand new Pontiac are both seriously damaged, and I call a cop. Cop comes, writes it up and writes her a ticket for running the red light. A witness stopped to make sure I didn't get the wreck hung on me, as I clearly had a green light and therefore the right of way.

About a week later I get a call from her shitty insurance company saying they were denying my claim, on the grounds that even if I have a green light, it's *my* responsibility to make sure that she's not flying through a light that has already turned from yellow to red long ago.

I started to argue with the Slow Adult on the phone, explaining that here in Florida, a green light means that I have the right of way, and that it's on their driver to not put herself directly into that right of way, but the moron insists. I then remind her that their driver was ticketed, which is mentioned in the police report, to which she replies "that's heresy, and inadmissible in court."

So I hung up, called my attorney and we dropped a lawsuit directly on the driver. She was served with papers a day later, and within 24 hours her insurance company was back on the phone asking me to negotiate a settlement to withdraw the suit. They got VERY motivated at the idea of being counter sued by their insured, who would have had to travel 1000 miles back here to Florida (she was from Auburn NY) to appear in my suit and thanks to my witness, would have likely lost much more than her insurance deductible.

I accepted their offer and got WAY more for the old Caddy than I ever expected, enough to cover the couple hundred it took to file a suit and get a process server at her door.

The other insurance company is NOT the decider here, however, if you just fold up when they say no, they're definitely the winner. They're there to protect their insured from lawsuits, they've opted not to do so. Sue the driver, even if just in small claims court. Odds are it'll never get past the point where the other driver is served paper. People get VERY reasonable when confronted with litigation. If you're truly in the right here, drop paper on them.
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