So I Got In A Car Accident Tonight - Advice

[nando714]

This is how it happened.

I was driving in the #2 lane and just ahead of me on my right (#1 lane) and car was trying to make a illegal u turn crossing my lane. I didn't have time to break and make a complete stop (but broke as much as I could ) nor swerve into another lane. I clipped their back driver side tire and bent their wheel in.

We exchanged info, I called the cops they took down our info. I put a claim in with my insurance and theyre coming bY tomorrow to look at my car.

My passenger side headlight in busted. Cracked bumper not smashed in though at least not a lot. My hood is kinda bent. The car was good enough to drive home.

The other cars passenger claimed I was speeding (speed limit was 40). I just had made a right onto that street and started excelerate maybe to about 30-35mph. My airbag didn't even go off.

What do u guys think? My fault? I personally do not want to pay a dime to fix my car.

Oh ya I have 1 car payment left before it's paid off. Fml. This is also the first accident I have been in so I'm new to dealing with insurances and all that

Thoughts?

Edited December 10, 2014 by nando714

[Sully151]

Well, I would think if the other driver was making an illegal U turn, you should be all right.

[mancini79]

So what did the jacka$$ say about making the illegal u-turn? See that the damage to your car wasn't sever, good luck trying to prove you were speeding.

Edited December 10, 2014 by mancini79

[sneaky_flute]

Are you saying they were in the process of making a left u-turn from the right lane? If that's the case then they were completely at fault. If they had made a u-turn from the left lane then both of you probably would have been found liable. 

[nando714]

So what did the jacka$$ say about making the illegal u-turn? See that the damage to your car wasn't sever, good luck trying to prove you were speeding.

He honestly was a lost for words. He said he was trying to pull into a drive way to a shopping center but it was closed. He then said he drove up and tried to turn around.

He obviously didnt see me. I was totally on his blindside.

How long does it take for insurances to prove who's at fault?

[tennischmp]

There is no way he can prove you were speeding. If he pulled into your lane when you had the right of way, it's his fault.

[Blarg]

First off the number 1 Lane is the far left lane on all city streets and highways. Second, your speed is inconsequential to another driver making an illegal turn in front of you causing the accident unless your speed was considered reckless. The amount of damage to either vehicle should prove what speed both cars had to be traveling at.

I know this is too late but in the future turn on your phones video camera and tape all conversations with the other driver and document where the cars came to a stop so that all the details remain fresh like the intersection, closest landmarks and even a witness if you can get one.

Making a u turn from the right lane on a two Lane Street means this a hole is toast.

[Lou]

you have absolutely nothing to worry about. The fact is he made a turn in front of you. What is not a fact is that you were speeding.

PM me if you have any more questions.

[nando714]

First off the number 1 Lane is the far left lane on all city streets and highways. Second, your speed is inconsequential to another driver making an illegal turn in front of you causing the accident unless your speed was considered reckless. The amount of damage to either vehicle should prove what speed both cars had to be traveling at.

I know this is too late but in the future turn on your phones video camera and tape all conversations with the other driver and document where the cars came to a stop so that all the details remain fresh like the intersection, closest landmarks and even a witness if you can get one.

Making a u turn from the right lane on a two Lane Street means this a hole is toast.

Got it. I took pics of his car and my car. I'd post pics but I never seem to on here

[nando714]

Are you saying they were in the process of making a left u-turn from the right lane? If that's the case then they were completely at fault. If they had made a u-turn from the left lane then both of you probably would have been found liable.

I wasn't turning. He said I was speeding. I had made a complete right turn onto the street and excelerating to gain speed again.

I was going straight in my lane and he was crossing mine. Hence why I hit his back driver side tire

[Adam]

Lost the guess-the-OP game.

 

Total happybat subject

[gotbeer]

Did the cops show up?  Or did you just call them?   If the cops showed up, then they will be making a report and putting blame.  

 

Insurance companies will figure it out.  It may take a few days though if the other driver is saying you were speeding.  Although with them making a U turn in front of you, they may deem it to be a open and shut case.  Especially since your airbags didn't deploy.  Which might be a good thing, considering all the bad things that might happen if one blows up.

 

I know when I was a witness to an accident, it took them a good week+ to contact me.  And by the time I called them back, they settled it since someone in their car coroborated that they were in the wrong.  

 

Guess this is the main reason so many in Russia have dash cams.  

[Brandon]

I lost the who's at fault.

[Lou]

Listen to Blarg. He's either a cop or a lawyer so he should be the best to give you advice about such things.

 

not one of your better efforts

 

you don't want to end the year on a bad note

 

don't be the TCU of AW

[TobiasFunke]

If you both gave statements to the cops, they will decide who is at fault. Either way your insurance is going up.

[nando714]

If you both gave statements to the cops, they will decide who is at fault. Either way your insurance is going up.

Even if it's not my fault?

That's some BS

[TobiasFunke]

I believe so, but I'm not 100% sure so don't take my word for it. But with the whole who's at fault thing, if the officer took both statements at the scene which he should have, they will determine who is at fault.

[nando714]

I believe so, but I'm not 100% sure so don't take my word for it. But with the whole who's at fault thing, if the officer took both statements at the scene which he should have, they will determine who is at fault.

The cop was a total dick (oc sheriff) he was so adamant about not taking a report down. He said no one was hurt it's a basic traffic accident I'm just doing a collision report.

Now I'm ****ed I think. Because it's his word against mine. But if you look at the pics and look at our cars you can clearly see he made an illegal u turn cross my line.

I think in the end I'm gonna get screwed

Could I still file a report if I go to the station?

[arch stanton]

Your first call should have been to your insurance agent.

[Schildog]

Where was the accident?

[nando714]

Where was the accident?

Stanton.

No pd. They have sheriffs

[mancini79]

Your insurance probably won't go up if it wasn't your fault. A couple years ago the other party was 100% at fault and my insurance went down a little. Just make sure to keep the story the same as the police report.

[mp170.6]

I think you'll be fine.  We've had 3 accidents in the past year on the same car.  None were our fault, and we never got police reports for any of them.  I haven't noticed any change in insurance premiums so far. 

 

As far as body shops go, the insurance company may suggest their "preferred" body shop or have you go there for an estimate.  You're under NO obligation under California law to use that body shop, and if I was you, I would research a good body shop and have the repairs done there instead.  The "preferred" shops don't advocate for your best interests -- their business model revolves around keeping the insurance company happy, which means keeping costs to a minimum. 

[GoodTimesGoneBad]

If they're at fault their insurance will pay for your damages, your insurance company doesn't pay anything. Your premiums should stay the same.

[nando714]

I think you'll be fine. We've had 3 accidents in the past year on the same car. None were our fault, and we never got police reports for any of them. I haven't noticed any change in insurance premiums so far.

As far as body shops go, the insurance company may suggest their "preferred" body shop or have you go there for an estimate. You're under NO obligation under California law to use that body shop, and if I was you, I would research a good body shop and have the repairs done there instead. The "preferred" shops don't advocate for your best interests -- their business model revolves around keeping the insurance company happy, which means keeping costs to a minimum.

Cool so I can take my car anywhere to get fixed. Still waiting for insurance to come look at my damage.