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Minor Car Accident - Am I at fault?

auto car accident fault

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#1 thomastmc

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Posted 17 April 2014 - 04:19

Of course, I was there. I know exactly what happened and I know that the accident wasn't my fault. However, whether that is evident to others (such as the insurance company) is what I'm wondering.

 

The car in front of me crossed the double yellow line into the oncoming lane as if they were turning into a gas station located right there. I continue in my lane. We are almost even and parallel (my front end at or past their passenger side door) when they abruptly come back into my lane. We both brake hard. They clip my driver side front end with the rear of their passenger side as they turn into a driveway, which was their destination. They didn't use a blinker during the course of events, but obviously there's no way to prove that.

They refused to exchange insurance information and were very argumentative. They told me they were leaving the scene. I called police and they stayed. A police report was made on the scene.

This is the location: https://www.google.c...4.6312022,187m/
 - The accident occurred going south on Northwood from Prairie View Rd, across from the Prairie View Phillips.    




#2 canadian

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Posted 17 April 2014 - 04:28

You were behind them so yes... you're likely at fault.  Sometimes that's just the way it goes.  Circumstances obviously do matter but at the end of the day your role is to safely anticipate what the crazies are going to do.  

 

Of course the rules in your area may be different than the rules in my area so that isn't a guarantee.



#3 T3X4S

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Posted 17 April 2014 - 04:28

They hit you, pretty clear there.  How did the cop write up the accident ?  Did he show them being across the double yellow, then coming back over ?

If so, that is pretty cut & dry. (I think) Regardless, your insurance will go up even if you are not at fault - trust me.

If you are wondering about money to fix your car - you get that too regardless of fault.  Unless your insurance is USAA - drivers get screwed regardless of fault.



#4 OP thomastmc

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Posted 17 April 2014 - 04:35

You were behind them so yes... you're likely at fault.  Sometimes that's just the way it goes.  Circumstances obviously do matter but at the end of the day your role is to safely anticipate what the crazies are going to do.  

 

Of course the rules in your area may be different than the rules in my area so that isn't a guarantee.

 

I was behind, then I wasn't :) When the accident occurred I was actually beside them.

 

They hit you, pretty clear there.  How did the cop write up the accident ?  Did he show them being across the double yellow, then coming back over ?

If so, that is pretty cut & dry. (I think) Regardless, your insurance will go up even if you are not at fault - trust me.

If you are wondering about money to fix your car - you get that too regardless of fault.  Unless your insurance is USAA - drivers get screwed regardless of fault.

 

I've got full coverage, and the damage is really minimal. They had no damage, and I've actually got them on video saying that I never hit them (or vice versa). I started recording when they told me they were leaving. I think they were drunk, which is why they wanted to leave the scene and not exchange insurance info.

 

I have to wait to see the report. I just got a "Request for Report Production" at the scene.

 

I'm probably not even going to file a claim, as it does seem that it will be me who is seen as being at fault. The damage isn't worth the deductible.



#5 MDboyz

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Posted 17 April 2014 - 05:10

We are getting closer to Russia.  There are so many bad drivers out there.  It's time to get the dash cam.  If there is no witness, it will be your words vs their words.



#6 OP thomastmc

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Posted 17 April 2014 - 05:20

We are getting closer to Russia.  There are so many bad drivers out there.  It's time to get the dash cam.  If there is no witness, it will be your words vs their words.

 

It's funny. I often do drive with a dash cam. I call it my "GhettoPro" :) It's just my phone held to my rearview mirror with rubber bands, which works remarkably well. Unfortunately I don't record most of my drives.

 

There should be a law made requiring small inexpensive cameras with something like 2 GB of flash to be mounted to the front and rear of vehicles to be used as evidence in the event of an accident.



#7 Turk.

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Posted 17 April 2014 - 06:34

I agree that every bump needs a 2GB camera, lengths 2-hour movie :)
btw, he cut-off your way.

#8 MDboyz

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Posted 17 April 2014 - 06:58

Yah, I bought it to protect myself from other idiots here in Wash DC.  People either go into the parking lane, or cross over the yellow line, and then cut you off.  I got so many close encounters. Also, pedestrians cross in front of you, even when green light. 

 

 

It's funny. I often do drive with a dash cam. I call it my "GhettoPro" :) It's just my phone held to my rearview mirror with rubber bands, which works remarkably well. Unfortunately I don't record most of my drives.

 

There should be a law made requiring small inexpensive cameras with something like 2 GB of flash to be mounted to the front and rear of vehicles to be used as evidence in the event of an accident.



#9 +Vykranth

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Posted 17 April 2014 - 07:15

You are not at all at fault: they changed lanes. The driver changing lanes has to be sure that the lane they are going to is clear.

You did the right thing by calling the police and have a report



#10 watkinsx2

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Posted 17 April 2014 - 07:27

I would not put you at fault here. 



#11 dipsylalapo

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Posted 17 April 2014 - 07:51

It doesn't sound like you're at fault but realistically if it's your word against his, it'll probably be a 50/50 split.



#12 Brian M.

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Posted 17 April 2014 - 08:01

The fact that he left the scene and refused to exchange insurance details will put him at a disadvantage, especially if you have a police report saying this. Plus, you have them on video admitting it was their fault.

 

That's not taking the politics into account - your insurers might just go 50:50 if it's minor to save $$$ arguing, or if you both have the same insurer they'll push for the same thing.



#13 dipsylalapo

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Posted 17 April 2014 - 09:24

The fact that he left the scene and refused to exchange insurance details will put him at a disadvantage, especially if you have a police report saying this. Plus, you have them on video admitting it was their fault.

 

That's not taking the politics into account - your insurers might just go 50:50 if it's minor to save $$$ arguing, or if you both have the same insurer they'll push for the same thing.

This exactly, I was involved in a small accident a few years back, he admitted at the scene it was his fault but later changed his tune. A year later we split the the liability. Sucks



#14 +riahc3

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Posted 17 April 2014 - 09:33

A police report was made on the scene.

I fail to see the problem. A police report was made, I imagine you read it, you signed it, and thats it.

If you signed it, means you agreed with it. If it said "it was the other guys fault" and you signed it...then?

Maybe Im missing something.

As a tip, always call the cops for everything traffic related. This way you have a official statement should you need to go to court in the future or something.

#15 leesmithg

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Posted 17 April 2014 - 10:11

Ask Judge Judy to decide, then we can see it on the T.V. and see the board with the streets and cars on and the berk that crashed with you.