by Guest » Sun Jan 03, 2010 09:15 pm
I was in a car accident a few days ago. I was standing still for several seconds at a red traffic light on a turning left lane when I was hit from behind pretty harshly. I also hit the car in front of me but he had no damages. The driver in front of me stepped out of the car looked at his bumper, said it was fine and left (I wrote down his license plate though).
The driver behind me came out of the car, acknowledged he was at fault, said he was really sorry, gave me his insurance info and said he would pay for the damages, however, he asked me not to call the police and I didn't.
I'm insured and called my insurance company right away. My car was totaled and I already got the settlement. However, the other driver is lying to the insurance companies saying I changed lanes unexpectedly and that he was not at fault!
My insurance contacted the driver in the car in front of me and he said he was not involved in any car accident and is not a witness.
So now I'm having trouble in getting my deductible back and taking the risk of having my premium increased! I really can't believe that!!!!! By the way my car was hit I don't think that there is any chance that I could be changing lanes at all!!! Not to mention that it was pretty hard and it is obvious that the other driver was driving in high speed, not slowing down to stop at the traffic light at all!!!
What can I do??? Can I take him to small claims court even if the claim is still not closed (my insurance is trying to get the deductible back and it might take around 3 months or more)?
What bothers me is not even the money, it's the hassle. This person destroyed my car (which was only 1 year old), gave bruises and neck/back pains for over one week, messed up with my holiday plans, made me pay my $1,000 deductible... and is lying... He really deserves some headache, so next time he will think twice before lying and screwing up someone else...
What can I do?
The driver behind me came out of the car, acknowledged he was at fault, said he was really sorry, gave me his insurance info and said he would pay for the damages, however, he asked me not to call the police and I didn't.
I'm insured and called my insurance company right away. My car was totaled and I already got the settlement. However, the other driver is lying to the insurance companies saying I changed lanes unexpectedly and that he was not at fault!
My insurance contacted the driver in the car in front of me and he said he was not involved in any car accident and is not a witness.
So now I'm having trouble in getting my deductible back and taking the risk of having my premium increased! I really can't believe that!!!!! By the way my car was hit I don't think that there is any chance that I could be changing lanes at all!!! Not to mention that it was pretty hard and it is obvious that the other driver was driving in high speed, not slowing down to stop at the traffic light at all!!!
What can I do??? Can I take him to small claims court even if the claim is still not closed (my insurance is trying to get the deductible back and it might take around 3 months or more)?
What bothers me is not even the money, it's the hassle. This person destroyed my car (which was only 1 year old), gave bruises and neck/back pains for over one week, messed up with my holiday plans, made me pay my $1,000 deductible... and is lying... He really deserves some headache, so next time he will think twice before lying and screwing up someone else...
What can I do?
Posted: Sun Jul 27, 2014 11:30 pm Post Subject: Call the cops
I read this over and over again about calling the police at the scene of an accident. I had a driver make a bad left turn and slam me and my new car across traffic. It was clearly 100% her fault. She apologized and we exchanged all the necessary information. I called 911 twice from the scene asking the police to come out and make a report. I was advised very clearly that the police don't go out to accident scenes to make a report unless it is a major injury accident. If they do come, it is only to facilitate the exchange of information between drivers, nothing more, no report. I literally could not get them to come. I have been told that the police haven't done this for 15 years. The other driver, who had basically acknowledged what she'd done at the scene, is now telling her insurance company I ran a red light and caused the accident. She is of course lying. There was no light at the intersection and the front of her car hit the driver's side of my car. What she said happened isn't even physically possible. My insurance company tells me that without a police report-which they acknowledge the police no longer come out and do-it is my word against hers. Forget that what she said happened couldn't have happened and that the car damage shows that. Her insurance company is accepting her statement and claiming I am responsible for the accident. I was literally driving straight down the street and I got slammed into, as if the other driver didn't even see me. And her insurance co. is saying I am 100% liable. The worst part is that my agent is telling me this is just how it works these days and there isn't much that can be done. The insurance companies don't even really investigate. They came out to take pictures of my car, which I had already done. I have done all the investigating. I have a perfect driving record and am in my 40's. So this will go to arbitration and my insurer tells me it is possible that I will be found liable for 50% or more, even though he knows I am telling the truth. At least in California, people need to stop thinking the police will come out and make a report, they won't, Go ahead and call them, but in the end there will be no report and people can say whatever they want happened, even get people to be false "witnesses" to support their claim! I want to be clear that I have no negative feelings toward the police for this, nor do I hold them responsible for this problem. I have been told time and time again through this process that there just aren't resources for the police to do this anymore. That is not the fault of law enforcement.
Posted: Mon Jul 28, 2014 12:35 pm Post Subject:
A police report can be helpful, but a person can still lie about what happened. A police report is inadmissible in court. The police officer cannot testify as to what each party stated. If a citation is issued, it's better.In that your city/county would not send anyone out simply means that they feel they have better things to do with your taxes.
The other driver, who had basically acknowledged what she'd done at the scene, is now telling her insurance company I ran a red light and caused the accident. She is of course lying. There was no light at the intersection and the front of her car hit the driver's side of my car.
Then simply have the other carrier look at Google Street View or take a photos of the intersection yourself and send it to the other carrier to show them that their insured is not telling the truth. Should take but a few minutes to address this matter. I suspect these is more to this story.
I fail to see why people don't use their phones at the time of an accident. Does no one have a camera in their phones these days? Does no one have a recorder or voice mail on their phone? Record the conversation at the time of the accident. If it's not legal, deal with that later. It only means it can't get to court... no one is going to file civil suit over a recording that should not have been done. Take photos and video at the time of the accident.
Posted: Mon Apr 20, 2015 05:36 pm Post Subject:
You have to cover your own behind in these situations. The other person in the accident is not going to take your side. Take pictures, record conversations, call the police. If I was in an accident and the other person requested that the police not be called, I'd take that as a red flag and call them immediately.
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