i am just gonna say that i was merging into the lane and as i was merging i saw a car coming really fast toward me so i pulled back into the other lane and thats when i got hit. By looks of the tire mark you can see that the lady started to pull right and hit me.

 

If you were trying to merge into a lane already occupied by someone else and you hit them, its pretty much your fault. I believe you said you were also cited for such, which the insurance company will consider regardless of your statement. If the police come, make your statement to them and make sure its reported then. Its difficult to counter a written officer report and especially a supporting citation after the fact. It doesn't even matter if you think she was speeding and came out of nowhere. You were merging into her lane and its your responsibility to make sure its clear before you merge and make sure it remains clear as you merge.

As for calling the police. My rule is always call the police and get a report regardless. It'll save a huge headache later if someone wants to sue for medical or some other issues later. Its just another bit of protection, especially if its not your fault. Even if it is, its still a good idea most of the time. If its your fault, its your fault. Pay up, or have your insurance pay, and move on. That's what its for. If anyone scratches my car in an accident, its a claim.

 

If she'd have hit your rear bumper, regardless if it was your fault or not... she would be held liable. But since this has nothing to do with the rear end, sucks. You have no damage what so ever, and if she thinks she's getting a new bumper out of this she's off her rocker. Plus what is that some shitty american durango? LOL!

 

Too late. She will take you to court for what the insurance does not pay, and for any other issues (ie medical etc once her attorney has her go to the doctor for whiplash etc...).

And of course posting about this on a forum was a dumb idea, it can be brought up during discovery.

My cousin is an attorney and something small like that happened with a client, it was an angry lady and it was a small scratch, it ended up costing the other person a bit over 5 grand once they ended up settling via mediation before arbitration, since going to court the risk levels would have been in the double digits.

hell hath no fury woman scorned and if you were acting like a cocky 17 year old dipshit, you probably put gasoline on the fire and turned a simple matter into a worse matter.

BTW: hondaonworks, driving your dads M3 on the weekends does not count as owning one

 

If a police report was filed/police were called to the scene, then she has no ground in claiming back issues, etc.