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First ever Accident (Updated w/new issue)
Kyougu
Registered User regular
Registered User regular
So yeah, got into my first accident. Pretty sure it was my fault too. We both switched from outside lanes to a middle lane at the same time. Since I was in front I figure I should have made sure no one was switching at the time. His front bumper ending up catching my rear bumper and pulling on it, which caused the damage.
We turned into a gas station, called the cops, who just told us to exchange info, and that was it. No ticket, no report. The other car was actually a tow truck, so apart from a couple scuffs on his metal bumper, there was no damage.
So what's next? I filed a partial claim while I was waiting for the cops to arrive, but I won't speak to an adjuster till Monday most likely. What should I say/shouldn't I say when speaking to him.
Kyougu on
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Take a dose of Advil tonight. It'll help if there's any pain tomorrow.
Currently painting: Slowly [flickr]
Is this actually gospel? I keep seeing this in threads but I don't really see how that could be.
No, it's not. From what Kyougu is describing, the truck didn't hit him but rather he changed lanes into the front right fender of the truck. Then the fender of the truck caught on the side of his rear left fender and partially separated it from the body. I don't see how that's the truck driver's fault unless possibly he didn't signal. Even then you'd pretty much need witnesses to verify he didn't signal and if he was already in the lane when Kyougu changed lanes that still probably wouldn't matter. Some people mistakenly assume that anyone who's generally behind you when you impact each other means they're at fault.
Currently painting: Slowly [flickr]
edit: oh wait, you just said you both merged from outside lanes and I assumed you meant you were both in the same lane. So it sounds like you were merging from the right lane to center and he was merging from the left lane to center. In that case, it looks pretty clear that you're at fault. Though again you don't necessarily need to outright say so, but describe what happened to your insurance company.
No.
The person behind does not have a huge blind spot and could easily slow or stop if they need to when they see a car coming over at the same time.
Here's how it works.
You report to your insurance company, he reports to his. You tell your side of the story to both. The insurance companies fight it out. You state what happened, and you let them decide.
DO. NOT. ADMIT. FAULT.
we also talk about other random shit and clown upon each other
There are many other factors which could make this not possible or more difficult than needed.
No. Merging into someone that you didn't see does not make them at fault for not getting out of your way.
They work this stuff out. Which is why you just need to talk to them. I mean.
Why would you even go to a forum for this. You pay an insurance company big money every year for exactly this purpose, to both handle it and tell you what to do.
we also talk about other random shit and clown upon each other
It's also possible they will look at the prospective cost of repair versus potential dispute and just pay for it. But again, that's their decision and their numbers to run.
Edit: You should also consider whether it's worth reporting at all.
Did you look at the photo?
Yes I did. It's a bumper on a previous generation Corolla, worth less than $200. I do see now that he already reported it to insurance though.
However, I think that you have a case for at least partial liability against the guy who you ran into (or visa versa), meaning that you could get some or all of that deductible back. And to do that, you have to actually file the claim and get the work done, and then cross your fingers. An insurance company will not fight for you if you don't file the claim and get the work done.
we also talk about other random shit and clown upon each other
They merged into one another. He didn't dive into the lane already occupied by the description. Either way, did the police report assign fault in a report? Did you say it was your fault?
we also talk about other random shit and clown upon each other
Because, like he said, it's his first wreck? Not everyone instantly knows what to do.
Anyway, it's not up to you to determine fault. That's up to the insurance companies. Like mentioned, you tell your side of the story and let them work it out.
With that said, it probably varies by state but I know in Texas that in this situation, the car in the left lane would have right of way. I believe it's because they have less visibility of the middle lane than the person in the right lane.
I heard that mentioned by the truck driver, which is another reason why I assumed I was at fault.
And yeah, this is my first wreck, so that's why I'm posting here. Never gone through this. Now my deductable is high, (Around a grand). I'm guessing that fixing the bumper will probably be around that. Could I tell the insurance that I'm going to pay for it, so my rates don't go up?
No, if someone runs into you from behind at a set of lights or a junction then the evidence is very strongly against them but it doesn't mean that all accidents from behind are open and shut. Certainly not this one.
Anyway if you're genuinly not sure whoes fault it was then DO NOT ADMIT FAULT. Report it to the insurance companies and leave it to them to fight it out.
Insurance companies are not your friends. You don't get extra brownie points for being honest with them, and they won't go easy on you, just because you manned up and told the truth. Do not admit fault ever. Stick to the facts, and only the facts.
I doubt fixing your bumper will be around a grand, unless you are absolutely set on it matching colors exactly, and even then it's doubtful. Unless there was significant frame damage that we can't see, it shouldn't cost much at all.
This is sort of what bumpers are for anyway, maybe if it were an old school chrome bumper or some heavy metal bumper on an old Z or something hard to find, but a recent model should be really cheap, especially if you have a pick-n-pull type salvage yard where you can go buy your own salvaged part off a junker.
So after the accident and the insurance researching it they found me at no fault. Didn't have to pay a deductible, had no rise in payments, and my car was fixed. So yay, least I thought.
Fast forward to this week when I got a called from the attorneys representing my insurance claim agaisnt the other driver. Seems they're having trouble with the info that I provided, as they can't match it up. They asked for a police report, but as I mentioned no report was ever taken. And sadly I don't have the other driver's info anymore to verify that I gave my insurance the right info (99.9%) I did though.
Anyone know what kind of hassle I'm looking at now? Could the insurance reverse their original decision? I should mention that no claim was ever done agaisnt me, so that's also why they're having difficulty tracking the other driver.
Direct them to your insurance company. Don't discuss the accident details with them over the phone, direct them to your insurance company.
It sounds like things are looking good for you, OP. Let your insurance company fight the fight for you, that's what you pay them for.
Limed. So hard. Do not give them statements. Do not answer their questions. Direct them to your adjuster/ins. company contact. I work for an insurance company. Unless they have a subpoena or YOUR insurance company tells you to, do not do anything but confirm your name. What will probably go down is the 2 co's will hash it out and it won't count against you. Depending on the reputation of the firm and the solidity/value of the case, they'll most likely toss the lawyer/driver $1500 bucks and tell them to leave you alone (cheaper than drawing it out).
And Viscountalpha, that's exactly what I'm worried about.
Oops!
I'd still go through your contact to confirm. Any information your company's attorneys need can hopefully be, at least, confirmed by your insurance rep.
If his towing company is a smallish business, your company will probably have a hell of a time recovering your damages. My insurance company said cab companies are notoriously uncooperative, i'd imagine tow trucks to be similar.