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Old 12-22-2009, 05:17 PM   #1
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Lunchbreak massacre

So I was headed home for lunch today on my regular route about to make a right off the major road I was on when: #SMASH#. The car that was in the lane to the left of me decided to merge into my car without looking. His red paint is now scattered across every panel on the drivers side of my once beautiful CGM Camaro...
Luckily, no one was hurt and he did have legit insurance. My first conversations with his insurance compnay went well, but then once my official adjuster got on with me she made me quite nervous, explaining that they are only going to pay if he admits fault. That I should call my insurance company and consider filing a cliam as well, I certianly dont want to be held responsible or have to come out of pocket for my deductable. I can't imagine a situation where this could possibly be my fault but the adjuster said in cases of accidents with vehicles merging it can be hard to determine who is at fault and that if he claims I merged into him than they will not pay the claim.
Have any of you had similar situations? What was the resolve/how did you handle it. The guy admitted it was his fault at the scene but we didjnt call the cops and he could barely speak English so who knows if he knew what was going on, plus he had someone with him in his car if the two of them were to cliam it was my fault would I be screwed cause there were no ther witnesses? Im really frustarted right now.
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Old 12-22-2009, 05:22 PM   #2
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Lawyer.

Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer Lawyer
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Old 12-22-2009, 05:25 PM   #3
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Lawyer.

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Trust me if this guy denies it was his fault my lawyer will be on retainer immediately. I have to hope for the best right now...
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Old 12-22-2009, 05:25 PM   #4
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Quote:
Originally Posted by VT2CA View Post
So I was headed home for lunch today on my regular route about to make a right off the major road I was on when: #SMASH#. The car that was in the lane to the left of me decided to merge into my car without looking. His red paint is now scattered across every panel on the drivers side of my once beautiful CGM Camaro...
Luckily, no one was hurt and he did have legit insurance. My first conversations with his insurance compnay went well, but then once my official adjuster got on with me she made me quite nervous, explaining that they are only going to pay if he admits fault. That I should call my insurance company and consider filing a cliam as well, I certianly dont want to be held responsible or have to come out of pocket for my deductable. I can't imagine a situation where this could possibly be my fault but the adjuster said in cases of accidents with vehicles merging it can be hard to determine who is at fault and that if he claims I merged into him than they will not pay the claim.
Have any of you had similar situations? What was the resolve/how did you handle it. The guy admitted it was his fault at the scene but we didjnt call the cops and he could barely speak English so who knows if he knew what was going on, plus he had someone with him in his car if the two of them were to cliam it was my fault would I be screwed cause there were no ther witnesses? Im really frustarted right now.
:(Very sorry to hear what has happened to your camaro...

I have been in a situation similar to this...you should have called the cops no matter what...i cant believe you didnt call the cops...ive learned from my mistake...i wouldnt let anyone off that easy...im pretty sure ur screwed cuz if they have the option of saying its your fault im pretty sure they are gonna use it...i just hope everything turns out for the best...keep us updated...
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Old 12-22-2009, 05:26 PM   #5
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You call the police! At least then it's documented. Even if you get a lawyer now it's your word against his with no documentation or police involvement. He may have admitted fault at the scene, but you can't count on that in court.

Call them now! See what they can do.
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Old 12-22-2009, 05:29 PM   #6
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Sorry to hear.
Glad you're ok.
Anytime you think the damage is over $500 -- call the police so
they can do a report. Oh yeah, and try to grab a witness.

Good luck with everything.
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Old 12-22-2009, 05:29 PM   #7
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Always call the cops. His word is no more trustworthy as yours now when it comes to the insurance companies. Always have it documented. It is the classic he said, she said deal. Hope everything works out in your favor. Good Luck.
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Old 12-22-2009, 05:29 PM   #8
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ALways call the cops no matter no matter how small the damage is or how much the other guy says it's his fault and he will pay... you need witnesses...and a police report...
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Old 12-22-2009, 05:33 PM   #9
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Only problem with calling the police, is that if they file a report, you all get dinged a point on your record even if you weren't at fault. I had a fender bender earlier in the year where a minivan hit the car behind me whom in turn hit my bumper. Cop arrived and said that we'd all get dinged, or, just let the insurance companies take care of it. Luckily for me, the guy that started the small chain admitted full fault, but it could have gone the other way just as easily.
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Old 12-22-2009, 05:38 PM   #10
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Van Nuys Cops

I know I know, you guys are so right I should have called the cops, I will now and give a verbal report, but all I can say is Van Nuys cops suck and it wouldve taken hours for them to come to the scene Im sure, so in a way Im still glad I didnt waste my day waiting for them...
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Old 12-22-2009, 05:38 PM   #11
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Quote:
Originally Posted by MrE View Post
Only problem with calling the police, is that if they file a report, you all get dinged a point on your record even if you weren't at fault. I had a fender bender earlier in the year where a minivan hit the car behind me whom in turn hit my bumper. Cop arrived and said that we'd all get dinged, or, just let the insurance companies take care of it. Luckily for me, the guy that started the small chain admitted full fault, but it could have gone the other way just as easily.
I have been driving for 12 years now, and I am sure alot of you out there longer. I have never had a single point taken from my license. I would give that point as long as the other driver who is at fault takes care of the damage.
1 Point vs. Money out of my pocket. Point wins.
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Old 12-22-2009, 05:39 PM   #12
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I was a field adjuster for many years. Don't get too nervous. His company will not admit responsibility or agree to pay for the damage to your car until they speak to their insured. He may agree he hit you and you will be OK.
Forget about lawyers for now (unless you have an uncle whose one) as they just want your money. Get an estimate-How much damage do you have ?. If his company refuse to pay you can always go through small claims court if the damage is under the Ca limit. Last choice, go through your own company and let them fight it out.
Good luck.
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Old 12-22-2009, 05:43 PM   #13
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Quote:
Originally Posted by MrE View Post
Only problem with calling the police, is that if they file a report, you all get dinged a point on your record even if you weren't at fault. I had a fender bender earlier in the year where a minivan hit the car behind me whom in turn hit my bumper. Cop arrived and said that we'd all get dinged, or, just let the insurance companies take care of it. Luckily for me, the guy that started the small chain admitted full fault, but it could have gone the other way just as easily.
Sounds like a California thing. around here if your at fault (and you broke a traffic law) you get a ticket, the non fault person dosen't get anything...

Obviously the guy that changed lanes would have gotten a ticket here for "Failure to Yield right of way"
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Old 12-22-2009, 05:48 PM   #14
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Sounds like a California thing. around here if your at fault (and you broke a traffic law) you get a ticket, the non fault person dosen't get anything...

Obviously the guy that changed lanes would have gotten a ticket here for "Failure to Yield right of way"
I concur, I have never heard of getting a point if someone hits you and the police are involved, that's just completely absurd....
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