xxpnoiboi03xx

SO, i have a question. I've never been in an accident before so i'm not really sure what I should do. It isn't anything major of an accident but the guy I rear ended still called police to file a report. Anyways I'd like your input, so here's what happened. I was in the right lane about 20 feet from the light, moving in to make a right turn. the guy on my left side drives right next to me. now, theres a car at the light on my lane. with about 10-15 feet gap between me and the other car in front, he pulls up cuts in front of me without signaling hits the brakes to a complete stop, and i coudlnt brake hard enough in time and ended up rear ending him. We both got out of our cars, acted like adults, didnt make a scene (although i wanted to since in my mind it was his fault for cutting with out signaling and then braking hard) pulled over to an open lot and he called to file a police report since his was a lease. I would have just let it alone, one the damage on my car was just a paint chip and a bunch of scuff marks. his rear bumper on his 09 camry was slightly loose. His didn't look as bad as mine did aesthetically. And at least it was his rear. but the cope came yada yada, explained our stories, gave us the report.

Now my question is, should I even report the claim to my insurance since I probably won't try to get the paint chip fixed, or should i so that it could get looked at to see if theres any underlying damage. The collision was under 5mph. probably 1-3, coz i was just slipping the clutch at first gear. any suggestions or advice?

(mind you he said this was about his 30th accident)

and we both lucked out on tint ticket because I had 20% all around and he had 15% sides and 5% rear. the cop didnt even notice.

Oh1TypeS

It should say who was at fault on the police report. That you really should know.

VIPCLS

From what ur telling me I would just not claim it. The reason being is ur insurance will go up, and u most likely will have to pay a deductable. If I were u I would first off post some pics for better damage viewing, to get others opinions. Anyways I would just get a mobile tech to do the work for half the price, if u can find one. Thats what I did when I had my little incident, good luck!

Ralphie917

I would report it to your inusrance company as soon as possible - the last thing you need is for this guy to start going to a doctor and claiming his neck/back/ass hurts from a 3mph crash ---

play it safe, if even just to inform your insurance company of the accident...

xxpnoiboi03xx

Thanks guys, here's what the Narrative section of the police report says:

(im #1 btw)

#2 east bound w. good hope road at N Port Wash Road. #1 behind #2. #2 stopped in traffic due to vehicle stopping ahead of him and was rear-ended by #1. #1 saw # 2 stopping but could not stop in time and rear ended # 2

so that pretty much says its my fault doesnt it. Cop didnt write the part about me getting cut off. I'll try to take some pics Friday for a better idea of the damage.

VIPCLS

Yea pretty much, I dont know much about traffic citations but u might can get a attorney to deal with it for a better outcome.

Ralphie917

honestly it probably doesnt even matter as the guy himself is either going to go through your insurance company or subrogate through his to get some money for repairs/damage etc...

So one way or another they are going to know about it...

My .02

xxpnoiboi03xx

So should I report the claim to my insurance (Geico) anyways just to be on the safe side?

fuzzy02CLS

iTrader: (2)

1- Report it to your insurance. Say you have no damage but make them aware of this in case the other guy calls your company to file a claim.
Give them a copy of the police report.
2 - Almost all states have a law that makes a rear end collision the fault of the person who rear ended. Insurance Company's will use this & assume fault as such.
However, there's wiggle room in some cases liek your where's it's not a clear cut case.

Did anyone get cited?

I had this happen last year. Search for my posts in Ramblings. I was in my Explorer.

xxpnoiboi03xx

no neither of us got cited. so is my insurance likely to go up?

VIPCLS

Either way ur gonna have to get ur insurance to fix this persons car. If u were at fault of the accident ur insurance is gonna have to cover the other person car, so if u want to get a lawyer to fight the case,to prove otherwise,do it! Otherwise ur gonna be guilty, and have to pay for the damages. What u do about ur own vehicle getting repaired is on u basically

xxpnoiboi03xx

Ah...i see. Well then i'm screwed either way. since i was the rear ender. cut-off or not i suppose it doesnt matter. He better not sue, i have no time or money for that. shit i only have 150 in the bank. (now VIP, just to verify, r u pissed at me?)

Ralphie917

If there were no tickets/written warnings then i dont know how they would establish fault --- usually in collisions (even ones with gray areas) the officer tickets a person to establish fault, if he wants to take it easy on them he issues a written warning...

If you didnt recieve either then i would plead your case with the insurance companies - but whatever you do dont admit fault - that is not for you to decide, its for the cop to decide... or in this case perhaps the insurance companies?

I mean, you guys did pull off to a parking lot so there would be no visual recollection (i.e.. no one saw where/how the vehicles laid to rest)

Usually the only times you see no fault given is when there is no negligence (like a snow storm where two vehicles collided - happened to me once a very long time ago on black ice, no ticket) or on private property.

Are you sure you didnt recieve a warning or ticket?

Edit: i should add in here, that if you know you were at fault you shoudl do the right thing, however if the guy was truly driving like an asshole and the accident happened the way you said it did (cut you off, then lit up the brake lights) then i would fight if at all possible to at least have your own insurance companies handle your own cars.

xxpnoiboi03xx

Thanks for the advice guys i really appreciate it. No tickets were issued, not that I was aware of. I didn't have one, neither did the other guy. I called up Geico and stated my case. They said they will handle it and see just to wait and see what happens with the claim. And the kid really did cut me off without signaling then slammed on the brakes.

Here's the weird part. We both were obviously pretty upset at the situation, and both of us just wanted to deal with it and be on our ways. He was actually asking about my car, if it was fast, how good it is, what year, etc. and him with his lowest level Camry offers with the hub caps, he was saying yeah i just need rims and im set. I told him, dude first drop your car, then get rims, he was all confused why, i explained. I mentioned that he had projector's, and again he was confused. Doesnt know shit about cars. O yeah, and he's only 18 years old.

here's where it gets weird (and where i see how he's gotten into multiple accidents) while waiting for the cop, he asked to ride with him to go to a gas station to get cigs. i said whatever, hopped on to his camry, dude 1) doesnt drive with his seat belt (depends on who you talk to, its not a big deal, 2) he made illegal u-turns twice to get to the gas station, 3) every intersection he guns it on green, 4) on intersections, he's about he has half his car passed the light/line where cars trying to turn in or drive across could hit him, 5) we actually saw the cop that was gonna check up on us on the side of a road, he casually drives up to the cop car, blocks the lane without a seatbelt leans over and starts asking if she's our cop. Man, in my head i was thinkin, shit, no wonder this kids been in 30 accidents!

(The following is a small rant/explanation of maturity level for me saying that he's only 18, don't read if you don't care)
now im not saying coz he's only 18, im any more mature, i think I am. I try to drive as responsibly as possible, hard not to speed in our cars, but i try not to. never gotten a speeding ticket, my friends always blast me for saying i don't like speeding coz i dont want a ticket they say "OOOOH, scared of a little ticket?", and i ask how many tickets theyve had and they shut up, point made. But i also think i am coz ive been living alone without my fam since i was 13 as a sophomore in HS boarding school (parents live abroad) thru college, fending for myself, graduating with a nursing degree and became a Registered Nurse by 19. I've much to learn but I believe that I have a much older maturity level than that of my age. Here's this 18 year old kid who's parents give em pretty much what they want. Car is under his dad's name, drives like with no care in the world . Thats all im saying. (end rant)

VIPCLS

Naw man I aint pissed at u. Why u think that? Im guessin by the reply I replied with, naw were cool

xxpnoiboi03xx

ah ok. yeah, na u just had that pissed face at the end, i thought you meant it like "wtf you fuckin noob!" piss face. all good.

xxpnoiboi03xx

So i spoke with my insurance company and they recorded my statement, as well as the other driver. both our stories are consistent, and from what they can see, the other driver is more than 50% at fault since he cut me off without signaling etc. They said thats what they are gonna run with. They are also gonna try to make it that geico doesnt pay for anything. i'll update you guys on what happens. Thanks for all your help.

xxpnoiboi03xx

So, Geico decided not to entertain the other guys request to fix damage on his car since they see the accident more his fault than mine, 75%, given the circumstances. Here are pics of the damage on my car, like i said, its nothing huge, just cosmetic..sucks, but id rather this than my whole bumper falling off.

all the paint chips and paint transfer isolated in the front

ljmushock

ouch hurts to see that smr in pain... so bud, its almost always your fault when you rear end someone, even in your case where the jerk off cut you off... Find out where he lives and give him a house call.

clpassenubye

iTrader: (20)

That's good but unfortunately it doesn't mean that its over. This guy can use his insurance to fix his car and then they could fight it out with Geico to get the money back and since Geico has that intial stance they probably would go to either court but more likely arbitration depending on the size of the claim. If they go to arbitration and Geico loses its binding meaning no appeals then you would see your insurance go up because of the at fault accident. Hopefully that doesn't happen to you.

xxpnoiboi03xx

yeah he actually called me up bitching that Geico won't pay up and told me he'd take me to court. I told him its not my fault coz he also told Geico in his recorded interview that he did what he did. Either way my insurance is going up.