As the title said, I just had an accident couple weeks ago. So here is what happen. I was headed to downtown for a meeting. I was traveling westbound. There are 2 lane. Lane 1 have an option where I can go westbound or turn right. Lane 2 is a right turn lane only. I was on lane 1 to turn right onto northbound and make a left onto the freeway. As I was turning, there is another vehicle on Lane 2 making a right turn as well. I was slightly ahead to make a right turn and all of the sudden the other vehicle hit my passenger side fender, front door and rear door. So as we got out of our car, the other party accuse me of turning into his lane. So I said how the heck would I turn into his lane when my lane was wide enough for me to make a right turn. So, I was about to tell him I was going to call the police but what can they do since there is no serious injury. Then all of the sudden he changes his story and said it was his fault. Regardless, I took his info and then hire an attorney. Then today, the attorney called said the other insurance sent them a letter and said it was my fault for causing the accident because there was no witness and claim that I was the one who cut into his lane. In my gut feelings, I know it wasn't my fault because I was turning wide enough I can go over the southbound middle island.

At this point what action should I take since now the other insurance said it was my fault.

here is the diagram that I sketched out of my accident. Would appreciated if someone can give me some feedback so I can back this up my story if I contact my own insurance. Thanks.

NOTE: Red box is designated as my vehicle.

 

Should have gotten a police report of the incident right after. Especially if the other driver was willing to admit it was his fault at the time.

What does your attorney and insurance company say to do next? I would follow that.

 

Eventhough I call the police, they would say if there any serious injury, if not they won't file a report. I did that before. They are just plain lazy. As of now, I contacted my attorney and have them fax a copy of my denial claim from the other party insurance to MY insurance and see what they would say. I also have my attorney to fax a copy of my diagram to specify what happen on the accident.

 

Tell them you need a report for an insurance claim. If they refuse then I suggest a slight white lie and just say yes I hurt my hand or something. Do whatever it takes to get documentation by the police (within reason).

Now it's too late for the report, but you should write a letter to your local councilman or mayor or elected official about the police simply brushing you off and now incurring legal expenses that you wouldn't have had to if they had come out. They are civil servants meant to protect and serve and enforce the law.

 

Thanks for the info. But now I just want to see what my insurance can do now since I had my attorney faxed them the paper works. Or what other action I should take now.

 

did you take any pictures at the scene of the accident? If yes, your attorney can show the other attorney and as well the insurance company how the cars collided and it can be shown who is at fault.

Is the car still damaged? If yes, take some photos of the damage and it can help your insurance company and the lawyer. All you can do is really sit and wait besides trying to get stuff like that together to help your lawyer and insurance company.

 

I have pictures of my damage and the other party's damage as well. As this point, I don't think the other party have an attorney. My car is in the bodyshop. Accident happened coincidentally, it was on Friday the 13th of May. I don't know if my attorney submit any paper work to the other insurance. But just had a verbal conversation over the phone. Do you think it is something my attorney should do? Submit any pictures of damage to my and the other's insurance company?

here are the pictures

 

this! You should have taken a picture where the accident happened. And then move over to the side. I hope you did this. Did your car slide side ways when he hit you leaving tire marks on the road? Go to the spot and see if you can get a picture of the road. This can also prove where your car was at the time of the incident. If I think of something else I'll let you know. But if there's no witness then you can just say he went into your lane. I dunno what happens if you contest though. But I dont see either side winning in that case.

 

There is no tire mark. We both were making the right turn at the same time so I assume around 10mph-ish or so since it was a green light and I did have my signal blinker on. I google map the site of the accident as well. After the accident, he parked on the side of the bridge and I didnt move my car for another 10 second or so because I don't know if there was any car behind me. I do know after the accident, there were car passing by me but NOT during the accident.

 

Should've gotten a police report. Almost always. 100% of the time when it's not your fault.


And I would've gotten my insurance company involved, not some outside attorney. You pay insurance for a reason and they have TONS of attorneys.

At this point your best hope is "no fault" and each gets their claim from their own insurance company.

 

Well the other insurance company said 100% my fault based on there's no witness at the scene and for cutting into the other's party turning lane.

 

that makes no sense, I would get in touch with your insurance company like someone else just posted. Tell them your side of the story, and have them contact his insurance agency saying its his fault 100%, saying its his fault based on there's no witness at the scene and for him cutting into your lane.

If you havnet contacted your insurance yet, do it asap. They would know how to handle it, and tell them your side of the story. With no witnesses or police report I dont see them able to put 100% of the blame on you. It shouldnt work like that.

 

Of course THEY said that. They don't want to pay!

YOUR insurance company/attorney will advocate on your behalf.

Under no circumstances should anyone even move the cars until the police have arrived and taken a report. If not possible, TAKE PICTURES PRIOR TO MOVING THE CARS.

The mere fact that the other car's headlight glass/plastic ended up on the roadway IN YOUR LANE could be the difference between 100% payout from them or from you. One cell phone pic of his headlight glass in your lane on the roadway would be all it takes.

 

Sucks that this happened KB, but ALWAYS call the police.

I got burned twice by this. No more.

 

1. Glad no one was hurt.
2. Noooooooooooo! Not your awesome RL!
3. Always, ALWAYS call the police. Even if they don't come, most departments willat least log the call.
4. I agree with what others have said. Your insurance company has lots of attorneys. You pay all that money for a reason. Use them to make the other guy go away so your insurance will at least cover your damage...which is likely the best you'll get since it's your word against his.

 

You have insurance, their job is to fight about these things. I don't know why you would pay extra to hire a lawyer when your insurance company should be taking care of this..

 

Isn't this why you said you hired an attorney?

They would know best, as would your insurance company.

 

I had my lawyer faxed in the paperwork from the other insurance to my insurance in regards to my denial of the claim. Since I am not obligated to talk to my insurance directly since I am being represented by my lawyer. So my lawyer will contact my insurance and view my side of the story. I will keep in touch with my lawyer later today.

 

My insurance already cut a check to the bodyshop to fix my car. I was just there this morning to check on the status and should get this week. It's sucks because the other insurance blamed me just because no witness and for the other party cut into my lane. I know for the fact that I was making a wide right turn. But like I said how can you justify that since the other party insurance totally blame me.

 

Whats the benefit of having your attorney talking on your behalf with YOUR own insurance company.

Im so confused.

 

Since I am still under my lawyer's behalf, I can't talk directly to my insurance regarding this claim unless they call my lawyer to have it authorize that my Insurance can contact both me and the lawyer.

 

 

It's a complete waste of time and money to have your own insurance company working through a lawyer as a middle-man.

Now if your insurance company was trying to screw, yeah, maybe then get a lawyer involved, but I totally do not see the point in your case. Unless you've just got money to burn, in which case, more power to ya.

 

I forgot to add that keep a disposable FILM camera in the car as digital tends not to hold up quite often. Take a photo of the cars at the time of the accident, the offenders plate and face, your plate and the cars from a mid shot and a further away shot. Also take a picture of the street name signs in case there is an issue with the police report.

 

Well my phone have camera. So I took picture of my damage and the other party damage. Right now I just need to wait what my insurance adjuster would say. Paper has been faxed. So just sitting here and wait.

 

That's what I was saying, a digital camera won't hold up in any sort of situation as anyone can plug it into their computer and edit the image with photoshop. Film is film and is processed almost universally by a machine so there's no editing the film unless you have darkroom equipment and all the stuff to develop color film and stuff. But then again the film negatives would tell the original story.

 

Well...I just wait what my adjuster say about this situation. See if there's enough proof to back up my claim.......

 

Yah the problem is Why do you have a Lawyer in the first place? you are not suing anyone then why do you need a lawyer?


If there is no witness and there is no police report, chances are you will fix your car and they will fix his. End of the story. It will be his words vs. your words.

just pay the deductible and be over with it. No big deal a few thousand dollars repair is not going to raise your premium much... unless you are 18 years old.

 

I sell encyclopedias and carpet care products. What's your address?

 

Don't know how cops are in other places but things may be different out here. In my city they don't come out on traffic accidents unless someone is injured and/or the cars can't move and are blocking traffic. So it's not lazy, it's policy. Been that way for years. They are laying off from most departments here and claim to not have the manpower for minor stuff.

We also have "catch and release" for auto thieves. Ain't life grand?