i was on a road going 35 which was the speed limit, i initiated a left lane merge, i signaled and checked my blind spot. when i got halfway into the left lane i contacted my back left fender with his front right fender at the wheel base. the damage on my car is non-existant and on his there is a ding 1 inch by 2 inches and a half inch deep. he is now suing me for $1350.00 and claiming that i am at fault. there was no police report and no insurance on my side but he didnt call his insurance at all. we had an agreement that i would fix his car but he flaked and we had a settlement price but he flaked... i dont know my next move, ive been surved
2007-02-05 12:28:05 · 8 answers · asked by Daniel W 1 in Cars & Transportation ➔ Insurance & Registration
First off.. completely ignore the first persons advise. 150 dollars for a fender?! What kinda car do they have? an 85 pinto?! 1350 is very fairly priced for that size repairs.
Second- the reason you have insurance is for protection in situations such as this. You are very very lucky he is not claiming injury.. that would open a whole other can of worms.
Third.. im very confused why he is not going through his insurance and having them subrogate you. Could he possibly be as wreckless as you and not have insurance as well? If this is the case and you guys truly do go to small claims court of damages... it doesnt look like he has much proof in the matter.
It is seeming like you are more at fault... you admit switching lanes.... unless he admits switching lanes at the time as well you had more of the duty to yield. No one will be able to prove he was speeding or anything of the like so that wont matter.
Not having insurance is a very very costly lesson. People dont realize what they are getting themselves into and end up in predictaments like this. Your only choice now is to go to small claims court.. tell your side of the story.. and cross your fingers. You are likely going to be found most if not all at fault though so.. time to get a second job and face the harse reality of your actions.
2007-02-05 13:54:05 · answer #1 · answered by Anonymous · 4⤊ 0⤋
No one has mentioned that the other driver might have been making a lane change at the same time as you do that would make this accident a 50/50 split. I'm guessing there are no witnesses so now it's down to I said/he said and who can prove what and it sounds like no one has involved any insurance companies to date. If you admit to the lane change and he does not then it will be your fault and maybe it is. The point of impact on your vehicles does not help in determining who was doing what when the accident happened so that's not going to help either.
The repair cost does not sound out of line to me, yes it is expensive to fix these things but that's the world we are in. I'm surprised that you are already facing court, this must have been going on for awhile. So your choices are simple really, involve your insurance company (and they might not want to help if too much time has gone by) or go to court and present your best case.
2007-02-05 16:57:56 · answer #2 · answered by patti duke 7 · 1⤊ 0⤋
Legally, you failed to make a lane change in safety, so the accident is your fault. The amount of damage determines whether or not a police report is necessary. In Manitoba $1,000 damage or injuries means a police report is necessary. If you report to your insurance, he will have to report to his, or are you saying you don't have insurance period? Without a police report or an insurance claim, I am not sure how he could have you served. Depending on the model of his car, $1350 could be fair, or you could be getting hosed. Call a reputable body shop and ask.
2007-02-05 14:14:11 · answer #3 · answered by Fred C 7 · 1⤊ 0⤋
1st things 1st Daniel never admit to fault no matter what because you could get screwed Ive been there take some good advice from someone who has been there file a police report and talk to your insurance agent do not discuss the accident with the other party until its resolved your attorney would tell you the same thing.gl2u man I guess I read your story wrong you do not have insurance ? oh boy do you or do you not have liability at least? if no insurance your basically at the guys mercy pay him unless he has no insurance as well? before he contacts the police and get yourself some insurance immediately.
2007-02-05 12:39:28 · answer #4 · answered by believe me 3 · 2⤊ 0⤋
There're no rules of how driver should behave when driving. Think about what you stated above: You signaled and checked your blind spot..how did you checked your blind spot? from your left driving mirror ( you can't relied on mirror for blind spot, that's why they called blind spot, its something you need to check it yourself )? or should you turn your head to the back left and check your blind spot ( a quick glance ) ..I do! Remember on your mirror: It said: "Objects in mirror appear to be closer " meaning if you see the object appears in your mirror...you're too close to that vehicle..don't turn. If you don't see an object, that mean the vehicle probably right next to you, that's why your point of contact at his right front.
Also, if your left-front fender contacted the other driver's right back fender at time of accident, you're completely at fault. Since your back left fender only damage his right front..look like he was on your blind spot but he decided to speed up at
last minutes..possibly he spots something and its a lesson he needs to remember next time not to driving next to anybody, what if it was a big rig? he probably dead meat! however, you failed to yield to an oncoming traffics! Since you both agreed with a settlement: ask him to take it to a shop for an estimate then settle it.
2007-02-11 00:45:12 · answer #5 · answered by MINH H 3 · 1⤊ 0⤋
If he was completely in the left lane and had control of that lane then you merged into him making you greater at fault..... did he take any evasive action? blow the horn? swerve, apply brakes? -what were the lighting conditions? were there any witnesses? did your adjuster interview everyone? your insurance adjuster has an obligation to find out those things to determine if you were 100% negligent..... call your insurance carrier
2007-02-10 05:08:27 · answer #6 · answered by Just me 2 · 1⤊ 0⤋
that was his fault for going over the speed limit especially if you were halfway over. Did you check your mirror further back? and 1350$ is stupid a front fender might cost 150 bucks at the most.
2007-02-05 12:39:10 · answer #7 · answered by wulfgar_117 3 · 0⤊ 2⤋
If you haven't already done so, you need to turn this matter over to your insurance company...they will advise you.
2007-02-05 13:37:05 · answer #8 · answered by bundysmom 6 · 0⤊ 0⤋