Got Hit Today, Not Sure how to Handle, Please Help!

[Jdavidson015]

Re: Got Hit Today, Not Sure how to Handle

You can always try but this may be a situation of letting sleeping dogs lie.

Yea, the alternative it to file, then appeal, which I have done in the past, (hit and run) guy clipped my front bumper on the highway and spun me out into the guard rail) and from what I've found out through talking to body shops, appraisers, and an agent at my mechanics shop, I would more than likely win. But I would still be paying the 1000 deductible and 50 appeal fee. When I could get away with jus paying 900 out of pocket to fix the panels I have, or have them replaced through insurance.... Know what, what do I care if they are replaced, I'm planning on trading it in soon in favor of a pick-up which will have a nice big trailer hitch for those numbskulls who insist on tailgating and rear ending me guess ill try to see if I can get anything out of him and say that I'm going to write everything he said in the report, and if he denies it he's perjuring himself... Yes I have to prove it, but in the heat of it, maybe he will forget that

 

[USF3983]

Yeah its one of those situations where you're not supposed to let people be courteous to you. I too think it won't be a good situation for you.

If they are like Allstate, then the agency should be a separate incorporated business. The agent isn't looking to lose your policy because he ratted you out of something. The insurance companies like when clients aren't calling in every little claim. An at-fault on the record will cost you much more in the long run. If the other person calls in a claim to your insurance company, it won't matter if you notify the company or the agent anyway, the accident will have been called in by the other party.

 

[Jdavidson015]

Yeah its one of those situations where you're not supposed to let people be courteous to you. I too think it won't be a good situation for you.

If they are like Allstate, then the agency should be a separate incorporated business. The agent isn't looking to lose your policy because he ratted you out of something. The insurance companies like when clients aren't calling in every little claim. An at-fault on the record will cost you much more in the long run. If the other person calls in a claim to your insurance company, it won't matter if you notify the company or the agent anyway, the accident will have been called in by the other party.

Yea, but to the contrary, how am I supposed to know he's not actually going to let me go and pull forward into me after I pull out, and am fully in the road. Yet still turning. And again he admitted he didn't look. But who in their right mind would admit that to insurance. So I'm kinda leaning toward all of your points of view and that I'm SOL even though in reality it's his fault... Guess it like that "dead right" saying.... Well it's official, I'm gunna get a dash cam for my future proof of what happens!

 

[xrac]

Re: Got Hit Today, Not Sure how to Handle

Yea, the alternative it to file, then appeal, which I have done in the past, (hit and run) guy clipped my front bumper on the highway and spun me out into the guard rail) and from what I've found out through talking to body shops, appraisers, and an agent at my mechanics shop, I would more than likely win. But I would still be paying the 1000 deductible and 50 appeal fee. When I could get away with jus paying 900 out of pocket to fix the panels I have, or have them replaced through insurance.... Know what, what do I care if they are replaced, I'm planning on trading it in soon in favor of a pick-up which will have a nice big trailer hitch for those numbskulls who insist on tailgating and rear ending me guess ill try to see if I can get anything out of him and say that I'm going to write everything he said in the report, and if he denies it he's perjuring himself... Yes I have to prove it, but in the heat of it, maybe he will forget that

With your driving record or luck whichever it is besides the trailer hitch you may want a cow catcher on the front.

 

[Jdavidson015]

Re: Got Hit Today, Not Sure how to Handle

With your driving record or luck whichever it is besides the trailer hitch you may want a cow catcher on the front.

Hahaha it's just my luck, I've never had an at fault accident or hit anyone, I've been hit many times unfortunately, and of course the majority have been waiting at a stop light or stop sign. This is the first time I've ever had a questionable one, which as I've stated through the description of how it happened, I'm not truly at fault, but am SOL in this case. Cow catcher might not be a bad idea :p

 

[djs]

I agree with VolAgents reply, you are not going to like how this ends.

You did not have the right of way, you pulled into oncoming traffic, pretty straightforward. Yes, the guy stopped and then went. As a driver, when you see someone who looks confused, you need to make sure what their intent is before proceeding. In this case, it sounds like he was looking for something, thought he was there, realized he wasn't and went on. He had the right of way.

You may get a copy of his cell phone records, but even if he was texting/talking, that won't change the outcome of who had the right of way. It doesn't matter.

He may have contributed to the accident, but depending on the state, insurance companies look at who has the majority of fault. When you violate a right of way, whatever the reason, you almost are always the majority of fault person.

Dan

 

[Jdavidson015]

I agree with VolAgents reply, you are not going to like how this ends.

You did not have the right of way, you pulled into oncoming traffic, pretty straightforward. Yes, the guy stopped and then went. As a driver, when you see someone who looks confused, you need to make sure what their intent is before proceeding. In this case, it sounds like he was looking for something, thought he was there, realized he wasn't and went on. He had the right of way.

You may get a copy of his cell phone records, but even if he was texting/talking, that won't change the outcome of who had the right of way. It doesn't matter.

He may have contributed to the accident, but depending on the state, insurance companies look at who has the majority of fault. When you violate a right of way, whatever the reason, you almost are always the majority of fault person.

Dan

Yea that's pretty much what I'm getting, but I live in mass and texting while driving automatically makes it their fault as distracted driving. So that may work, and due to the circumstances surrounding the collision, there is a good chance it could go 50-50 which in mass can't be surcharged. Still not sure whether ill just pay for it, try to fix it myself, or claim it, and appeal if I lose, which according to the claims adjusters and body shops I've talked to I'd likely win the appeal due to the circumstances. From what they've said, if there is even a shadow of a doubt in the appeal they side with the appellant. So guess I just need to think about the risks of reporting vs not. Either way I'm out 1000 if I pay for repair, which was going to help buy my truck in the near future. Hopefully next few months..... So i just don't know

----------

I'm also going to see if I can find the guy in the car behind me to see if he will back me up on this, if he does. Do you think I'll win?

 

[xrac]

I agree with VolAgents reply, you are not going to like how this ends.

You did not have the right of way, you pulled into oncoming traffic, pretty straightforward. Yes, the guy stopped and then went. As a driver, when you see someone who looks confused, you need to make sure what their intent is before proceeding. In this case, it sounds like he was looking for something, thought he was there, realized he wasn't and went on. He had the right of way.

You may get a copy of his cell phone records, but even if he was texting/talking, that won't change the outcome of who had the right of way. It doesn't matter.

He may have contributed to the accident, but depending on the state, insurance companies look at who has the majority of fault. When you violate a right of way, whatever the reason, you almost are always the majority of fault person.

Dan

This accident is about like the time I bumped a guy in the rear. We came to a yield sign. I looked and nothing was coming so I just headed on through only to find that this dummy had stopped at the yield sign with nothing coming. From a police, insurance, legal standpoint I was the driver at fault. However, from a driving skill stand point this guy stopping caused the accident.

 

[Jdavidson015]

This accident is about like the time I bumped a guy in the rear. We came to a yield sign. I looked and nothing was coming so I just headed on through only to find that this dummy had stopped at the yield sign with nothing coming. From a police, insurance, legal standpoint I was the driver at fault. However, from a driving skill stand point this guy stopping caused the accident.

Yes, but you hit him in that instance, he hit me in mine here is a pic of the damage to my car, my paint is scraped forward which also shows he pushed me, and he also hit my wheel well which also in a way shows I was we'll into the road, plus the way the push on the fender is, I was we'll into my turn when it happened. It wasn't like I pulled right out in front of him and it was a "T"

 

[VolAgent]

Yes, but you hit him in that instance, he hit me in mine here is a pic of the damage to my car, my paint is scraped forward which also shows he pushed me, and he also hit my wheel well which also in a way shows I was we'll into the road, plus the way the push on the fender is, I was we'll into my turn when it happened. It wasn't like I pulled right out in front of him and it was a "T"

He hit you on the front driver's side? Short of him telling them it was his fault, you are definitely going to be found at fault. It would be one thing if it was in the rear, but there it is clear you were just pulling out.