Jump to content

Car Accident: Insurance Liability Question


BStowers023
 Share

Recommended Posts

Calling anyone who knows anything about insurance liability. So I'm driving down I-70E right where 315, 70 and 71 merge. I'm in the far right lane which is a single line lane going about 50mph. The lane next to me is going slower and a guy in the lane directly to my left slams on his brakes out of nowhere trying to avoid rear ending someone and he swerved into my lane. I slam on my brakes and swerve to the right hitting his rear right quarter panel. The Police come by and seems like they don't want to deal with it so they don't write a ticket to either of us telling us that our insurance companies will have to determine liability. Just curious if anyone has had something similar happen? There is absolutely no way I should pay a dime for this. It was CLEARLY his fault, I'm just worried that each insurance company won't want to deal with it and will make me file and individual claim and him file and individual claim essentially determining we were both at fault.
Link to comment
Share on other sites

Not sure about Ohio but in Texas no police report you are screwed. It's your (word) insurance vs his and they'll ultimately do nothing since you're liability only. I hope that's not the case for you but what I've seen here with several people.
Link to comment
Share on other sites

A police report was filed and I have full-coverage. The Police just didn't ticket either of us because they didn't want to deal with it. I think they were getting off their shift or something, or at least that's how it seemed.
Link to comment
Share on other sites

maybe the guy is a honest person and will tell them and you are worrying for nothing. Just wait and see casue stuff like this is on a case by case basic.

 

Its 2016 you are a spud if you think anyone you dont know will be honest when it will cost them money.

Link to comment
Share on other sites

maybe the guy is a honest person and will tell them and you are worrying for nothing. Just wait and see casue stuff like this is on a case by case basic.

 

The dude was basically admitting fault until the cops showed up. He didn't lie, he just didn't say much to the police then told me when we were about to leave that he'll tell his insurance and have them determine who was at fault.

Link to comment
Share on other sites

I went through the same thing. Fought it for months. My insurance paid for mine and his paid for his. They would not fault either side.

 

Had a guy turn left in front of me and because I was paying attention and swered and he glanced off the side, the Subrogation Arbitrator wouldn't assign fault because the damage "was not typical" so we paid for our own

Link to comment
Share on other sites

About a decade ago I had a lady sideswipe me on the highway and take off. She called in soon after, which likely saved her from it being a hit-and-run (I called the cops, chased her down for her plate #, then pulled over and waited for an officer). She actually admitted to the reporting officer over the phone that she hadn't been paying attention when she swerved into me. Even with this, the reporting officer wouldn't file a report because the damage was "too minor."

 

The lady went on to make a false statement to her insurance company saying that I swerved into her, and neither side could determine fault based off the conflicting statements so each paid for their respective parties.. live and learn.

 

This will likely be the outcome in your scenario unless there is definitive evidence showing otherwise, or he admits fault.

Link to comment
Share on other sites

I went through the same thing. Fought it for months. My insurance paid for mine and his paid for his. They would not fault either side.

 

Yep, this will be the outcome.

Link to comment
Share on other sites

This is why i run a dashcam, idiots be everywhere.

 

I havent had to use it but I got another guy out of a jam, some lady wasnt paying attention and went over a lane and hit him in the side, I stopped as I was right behind them and she got out yelling he hit her. I just smiled at the guy and said whats your email i will send you the footage. She was not happy and said i couldnt record her car without her consent... I laughed and said i can send her a copy as well to remind her of being an idiot.

Link to comment
Share on other sites

Not sure about Ohio but in Texas no police report you are screwed. It's your (word) insurance vs his and they'll ultimately do nothing since you're liability only. I hope that's not the case for you but what I've seen here with several people.

 

When the guy in the vette hit my DSM a few years back...no one was cited, but we each received and incident report and I filed a claim with his company. The conceded fault and I proceeded to collect $7700.

Link to comment
Share on other sites

Good. Fk his insurance. I hate insurance companies. Necessary evil.

 

Did you negotiate the settlement amount, or just take what they gave you for repairs?

 

Also, have you filed a depreciation of value claim yet? If not, you need to do that as well.

Link to comment
Share on other sites

maybe the guy is a honest person and will tell them and you are worrying for nothing. Just wait and see casue stuff like this is on a case by case basic.

 

Update: State Farm (his insurance) took liability and wrote me a check. Surprisingly a very easy and fast process. I'm just glad the correct thing was done.

 

See there are good people in the world. Glad you were able to get it taken care of quicky.

Link to comment
Share on other sites

Good. Fk his insurance. I hate insurance companies. Necessary evil.

 

Did you negotiate the settlement amount, or just take what they gave you for repairs?

 

Also, have you filed a depreciation of value claim yet? If not, you need to do that as well.

 

I took what they gave me but it's not a set amount. The total damage claim is like $3600, so they wrote me a check for that, but if it ends up being like $4500, State Farm will write a check directly to the body shop so I don't pay for anything.

 

They tried to put me in a compact car for my rental (Chevy Spark, Toyota Yarus) but I was like ummm no. So they're giving me a full-size which is nice.

 

I did ask about the depreciation claim and they are looking into it, but I guess they can't determine an amount until after the car is fully repaired?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...