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Auto accident, who is at fault

WaTaGuMp

WaTaGuMp

Lifer
On March 31st I had a small accident while coming home. I was at a red light waiting to turn left to get on the freeway. There are 2 left turn lanes and the lane to my left was occupied by another vehicle. I was in the right hand lane. The green arrow came on, I began my turn accelerating to get on the freeway. About 3/4 of the way into my turn, I was hit on the right hand side by another vehicle I never saw.

All the damage was on the sides of both my vehicle and his, of course passenger side of mine, driver side of his. I decided not to file a claim, since my damage isn't major by any means. Of course 5 days later a notice arrives that he filed a claim. I called the claims adjuster and I am waiting to hear back from her.

This fuckwad is trying to say he had a yellow light and was making a left, going the opposite way of where I was facing while waiting at the light. Which means if that is true I would have seen him coming from my right and he would have traveled in front of my vehicle. So in the moment, I am 99% sure he made an illegal left turn from the 3rd lane from the left, thus running into me. What do you guys think?
 
WaTaGuMp said:
On March 31st I had a small accident while coming home. I was at a red light waiting to turn left to get on the freeway. There are 2 left turn lanes and the lane to my left was occupied by another vehicle. I was in the right hand lane. The green arrow came on, I began my turn accelerating to get on the freeway. About 3/4 of the way into my turn, I was hit on the right hand side by another vehicle I never saw.

All the damage was on the sides of both my vehicle and his, of course passenger side of mine, driver side of his. I decided not to file a claim, since my damage isn't major by any means. Of course 5 days later a notice arrives that he filed a claim. I called the claims adjuster and I am waiting to hear back from her.

This fuckwad is trying to say he had a yellow light and was making a left, going the opposite way of where I was facing while waiting at the light. Which means if that is true I would have seen him coming from my right and he would have traveled in front of my vehicle. So in the moment, I am 99% sure he made an illegal left turn from the 3rd lane from the left, thus running into me. What do you guys think?
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From the way you describe it he should be at fault. That being said you may be boned since you didn’t call the cops to get an accident report.
 
Paratus said:
From the way you describe it he should be at fault. That being said you may be boned since you didn’t call the cops to get an accident report.
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That also doesn't help him, as long as my insurance backs me up. He wouldn't admit fault at the scene, he said let the insurance companies figure it out. You cant have the damage the cars have unless he made an illegal move. Any other scenario would have resulted in front end damage to one of the vehicles.
 
LikeLinus said:
Why on earth would you not call the cops when in a traffic accident, is beyond me.
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I did try actually, I should have called 911 even though it was a fender bender. I got the Rancho Mirage Sheriffs department, it went to some automated deal, at least that's what it seemed like, it was hard to hear with all the freeway traffic.
 
The ONLY time you wouldn't call the police after a collision is if there is literally zero damage (not even a scratch in the paint). Even then, it's still probably a good idea to make the call in case someone tries to claim something that didn't happen later on.

While your description sounds like the other driver was at fault, you don't have any witnesses, you don't have a police report, and therefore you don't have any proof.
 
Fardringle said:
The ONLY time you wouldn't call the police after a collision is if there is literally zero damage (not even a scratch in the paint). Even then, it's still probably a good idea to make the call in case someone tries to claim something that didn't happen later on.

While your description sounds like the other driver was at fault, you don't have any witnesses, you don't have a police report, and therefore you don't have any proof.
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We have more proof than he does, I had a passenger and the damage should speak for its self.
 
The other guy seems to be clearly at fault, and having a passenger (witness) should be all your insurance company needs to get this settled in your favor. I mean, who would be dumb enough to risk insurance fraud on some scratched paint? 😀
 
Here is a picture of the area, I was in the lane with the red diamond, the contact occurred at the green circle area.

20180409_173903.jpg
 
Ns1 said:
in CA, unless you're injured or a cop miraculously drives by, you pull over to the side, exchange info, and move on.
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Yup, yet this can come back to bite maybe. My last accident, which was far worse and ended up a total loss for me, still went smooth as butter. The girl turned in front of me, it was a failure to yield, pretty cut and dry.
 
Darwin333 said:
And then some asshole claims he was injured and since there is no accident report you could easily be liable.
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I did what is suppose to be done, if it comes to that, he will be fucking with the wrong person. He could easily be liable also, so I don't see how this can go in his favor.
 
Ns1 said:
in CA, unless you're injured or a cop miraculously drives by, you pull over to the side, exchange info, and move on.
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AFAIK you're still required to report it to the DMV within 10 days if the damage exceeds $1K, which is probably >98% of the time when two vehicles collide.
 
WaTaGuMp said:
I did what is suppose to be done, if it comes to that, he will be fucking with the wrong person. He could easily be liable also, so I don't see how this can go in his favor.
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That depends on how credible your passenger/witness is. The other driver could lie his ass off and state it didn't even happen at the intersection, that you were both at a gas station or something and you tried to pass him while he was parked pumping gas, that you looked drunk and were texting etc etc. No matter what he has already said, if there is no official record of it then his story could change at any time.

Then again I suppose you could have pictures from the scene establishing where your vehicle was in the intersection. It's the first thing I'd have done.
 
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