A guy hit me after I stopped once I entered his lane. There was heavy traffic, and everyone was moving around 1mile/hr...He took off, I got his liscense plate, and went to his insurance through mine, however they are refusing responsibilty saying I made an unsafe lane change....at 1 mile/hr, is this possible? I signaled and everything. His insurance refuses to look at pictures of damage, I don't know what to do, they also wanted witnesses, which I couldn't get since I was too busy trying to get his liscense information...my insurance seems like they could care less one way or another. What options do i have, and does he really have a case??
2006-11-22 19:17:47 · 18 answers · asked by fbdonkulator 1 in Cars & Transportation ➔ Insurance & Registration
So I didn't cut him off, I was completely in lane and stopped when he hit me, he took off by that I mean in bumper to bumper traffic he moved over a lane and refused to give me his insurance info. i filed a police report, however most minor hit and runs cops will not chase from what I was told. Also its not a scratch, I do need a new bumper. I guess I am wondering why the insurance company won't look at pictures, also won't consider looking at traffic cameras where accident occured which i suggested..if I have to take this to small claims, do i take the guy or Farmers insurance?
2006-11-22 19:29:03 · update #1
so i signaled went in lane, again remember traffic is at a CRAWL, I would think when one is going that slow, there is no reason for anyone not having enough time to stop, he let me in then I stopped due to car infront of me, that's when he hit me. Lane lines were standard...again he admits hitting me, but claims unsafe lane change, there are no witnesses due to me trying to get his info since he didn't stop or try to pull over, all I have is the screwed up bumper and a live traffic camera showing the speed of traffic, and if I am lucky, the accident itself...again, which his company refuses to see.
2006-11-22 19:43:23 · update #2
oh and one more funny note, he called the california highway patrol and hour and a half after the accident saying he hit someone, however there should be minimal damage
2006-11-22 19:48:45 · update #3
call police and report a hit and run IF there was damage to your car. I mean, if he just touched your bumper, get over it.
2006-11-22 19:20:21 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Generally speaking yes, the person hitting you from behind is usually at fault because they haven't controlled their vehicle or are following too close. But in your case, I fail to see how he could have hit you hard enough to do much damage at -- according to you -- 1 mile per hour.
But there can be circumstances which will change the general rule. In your case those circumstances being the lane change. Why at that speed would you even try to change lanes?
Nonetheless, if you were stopped and hit you should be able to collect your damages from the person who hit you. Unless you have collision on your insurance, and make a claim through your own insurance which they would try to collect from the other party, your company has no responsibility or interest in your accident. Insurance is there to cover damage you do to others.
You do have the option of court, and if the amount is not terribly high, small claims might be your best option. If you go that route, you would name the driver in the summons to appear. The insurance company wasn't driving. In reality, one of two things will happen, they will either pay you because you are a nuisance to them and they want you to go away, or his insurance company will send in attorneys to delay things.
2006-11-23 10:55:38 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
No, you are not always at fault when you hit someone from behind. There are situations just like what you described where the traffic is heavy, there is not enough space between vehicles and a car moves over into your lane and with those conditions this car has now shortened the distance from almost none to none at all, you have to try to stop, you can't, and you hit it.
It's not enough to get into the lane. You have a duty as well to other motorists to move into the lane giving enough clearance for vehicles to react. So I can understand how you were found at least partially negligent in this situation. By your own admission you moved over and stopped your car.
2006-11-23 08:56:29 · answer #3 · answered by Chris 5 · 0⤊ 0⤋
Check with your insurance company. Put a claim on your policy. Have them fix your car and let them go after the other guy. That is why you pay the big bucks for insurance. I have several questions to ask of you. Did you signal your lane change, how far was he behind you when you started your change. The lane that you changed into was it divided by a solid line? In several states when there is a hit and run driver the burden of fault is placed on him. Did he realize that he hit your car to cause any damage?
2006-11-23 03:37:26 · answer #4 · answered by cm f 3 · 0⤊ 0⤋
At 1 MPH, there would not have been any damage. Making such a claim hurts your case.
If he did in fact leave the scene, file a hit-and-run complaint with the police.
At any rate, you should NOT be dealing with his insurance company. You should ALWAYS deal with your own insurance company. They have a legal obligation to defend you and act on your behalf. They will work out fault with the other driver's insurance company
2006-11-23 11:00:01 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
In most cases a rear-ending is the fault of the car in the rear, however, it is possible for the other driver to be at fault if they fail to properly signal a turn or lane change, or if that change is in an unauthorized location. While it is probable that they were at fault, if he did a hit and run, regardless of the damage or who caused it, he should be to blame. The only other possibility would be for both parties to accept a no-fault statement.
2006-11-23 03:24:56 · answer #6 · answered by Gray 6 · 3⤊ 0⤋
No not always. If you do something to cause the accident you are at fault, even if you are hit from behind. Since you called the police, get a copy of their report, it should show who was at fault. As far as his insurance is concerned, they are looking out for their best interest. If you decide to take him to court, be sure and get a copy of the tape from the traffic cameras, of course you might want to watch them first......
2006-11-23 18:06:40 · answer #7 · answered by crashguy351 2 · 0⤊ 1⤋
sounds like you cut him off, you might have to bite the bullet on this one man. maybe switch insurance companies and get full coverage, but if you swear you are in the right, then you can sue him in the civil courts. the person that rear ends somebody is not always at fault, just depends on the situation, I rear ended somebody because the guy in front made an unsafe stop at high speeds, did'nt have to pay a dime.
2006-11-23 03:23:44 · answer #8 · answered by Anonymous · 0⤊ 1⤋
yes, someone that rear ends you is always at fualt for failure to control thier vehicle, even tho you might have done an unsafe lane change. As soon as you got his plate you should have got the police involved to obtain a report. Then when his insurance doesn't want to pay you can sue thier a$$es, then i would dump the $hithole company you got, and maybe even sue them.....
2006-11-23 03:23:44 · answer #9 · answered by Anonymous · 2⤊ 0⤋
He left the scene--so it becomes his problem, he rear ended you, you have the case, not him.
if you had heavy damage, go after him.
of couse his insurance company doesn't want to pay.
no insurance company ever wants to pay.
ask the insurance company where are their witnesses that you made an unsafe lane change?
get a lawyer...
2006-11-23 03:30:54 · answer #10 · answered by Kismitt 6 · 3⤊ 0⤋
The reason your insurance doesn't seem to care is because your deductible covers your own damage. So ther eis no reason to file a claim for something so minor as "they don't want to listen to me". Now if you were is a big accident.... different reaction/story
2006-11-23 07:17:13 · answer #11 · answered by zaitsev_v1 3 · 0⤊ 0⤋