Minor accident, not my fault, what to do?

Lord Evermore

Diamond Member
Oct 10, 1999
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Tuesday morning on the way to work, I got in a minor accident. Nobody was hurt, and the other person's car didn't even take any damage. My car did take some damage though, which I'm still finding more of than I thought (though still nothing major I think).

The accident happened on an off-ramp from the highway, getting onto another state road into the city I work in. The offramp is usually backed up for a good distance, and everybody inches their way forward because whoever's in front has to wait for an opening in traffic before going (and nobody EVER drives in the far left lane so that people on the ramp can get into traffic easily in the right lane).

I got to the front, and I was waiting for an opening, and I glanced up just in time to see a woman in a Taurus right behind me start moving forward very suddenly. Just before it happened I knew what she'd done and that she was going to hit me. I couldn't go anywhere though to avoid her without going into traffic on the road. She hit me, not going very fast but accelerating when she did. Pushed me forward a little bit, not into traffic.

We pulled over and got out and exchanged insurance and license and registration info. We didn't call the police (which I'm now thinking was stupid) because it was a minor looking hit and neither of us was hurt (actually it loosened up my back and I was able to get out a kink that had been there for days). What I saw right then was that my rear bumper had been push in and upwards at an angle, so that the front part of the bumper assembly was pushed downward and the back went upward. So the side panel part of the bumper is loose now and not attached to the car (but not hanging free really). The rear part pushed up against the trunk, so that the trunk door is pushing upwards on the right side, which twists it so the left side is pushed lower than the sides. It still opens and closes okay, but it's not sealed anymore because it's pushed up too far. The metal near the trunk door is also slightly bent, could probably be bent straight again.

Last night I found that the rear passenger door doesn't open and close right now as well. The side panel seems to have been pushed forward just enough to make it a tight fit, so the door doesn't just pop open when you pull the handle.

Neither of us had our insurance info with us, other than the company names which is printed on the registration, so we exchanged phone numbers so we could call with the info.

After the accident, I went to work and called the insurance company about an hour after it happened. They told me I don't have collision insurance, which didn't sound right to me because I thought I was smarter than that. They advised me to call the other person's insurance company and file a claim with them, if they don't call me first.

It turns out I don't have collision insurance. It was something I didn't get when I first moved here because I had a limited budget and only got the state minimums. Then when I got a better job, I was going to add full comprehensive coverage to it, but my father talked me out of it, saying it wouldn't be worth it due to the total value of the car being low (a few thousand dollars). (This just leads into the many reasons I hate my father.)

So anyway, no one has called, either the other person or her insurance company, and now I have to figure out what to do. I'm going to call mine back and find out why they aren't going to file the claim with the other company for me. I suspect it's because no matter what, my carrier isn't going to pay for it because I'm not covered. If I'd had coverage, I think they'd have filed the claim with the other carrier in order to avoid having to pay for it themselves.

I haven't yet taken the car for an estimate, so I have no idea how much it will cost to repair. Probably more than it's really worth, since the car is no longer worth as much as before the accident even if it's repaired.

If my carrier won't do the filing for me, that means I'll have to do it. Which means having to possibly fight the insurance company to pay for the damage. This is where the lack of a police report may bite me in the ass. (Give me some slack here, this is the first accident I've ever been in.) I'm not sure how hard it's going to be to get them to admit it was her fault and pay for it, unless she just admits it to them, which she may do if they ask, she seemed an okay person.

I have a problem with confrontation though, that's the biggest issue. Having to call someone else's insurance company and tell them one of their clients hit me and they owe me money isn't going to be easy for me. And if they fight me on it, I don't know how I'll defend myself.

It's almost enough to make me just say screw it and not even bother to get it fixed or pursue the claim. I've been wanting to get a new car for some time now, but I also hate using this as an excuse and backing down from the confrontation.

I guess it all depends on how much they fight me on it. If she just admits it was her fault, it might be okay. (We didn't discuss the cause at the scene. What it looked like to me is that she just assumed I was going to take an opening she saw and decided to go without making sure I HAD taken the opening.) But even if she does admit it, I fully expect her insurance company to try to think of a way to avoid paying for it.

Just needed to vent. I feel better now. Thank you. Problems like this scare me and I get very emotional very easily.
 

G41184b

Senior member
Aug 12, 2000
201
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I think you should fight it and try to get a settlement because any little bit can help if you need to get a new car. Also in Massachusetts, not sure about your state, if you hit someone from behind it is automatically your fault.

Hope i helped
 

ultravox

Elite Member
Oct 9, 1999
2,072
12
81
If the laws concerning accidents are similiar to the ones here in Quebec, she is responsible if she hit you in the back (unless of course, you backed into her. You shouldn't worry about anything you are obviously not at fault. Can you get in touch with her? If yes, explain the situation to her honestly, and ask her if she's willing to make amends........ ask her if she wants to get her ins. company involved or if she'll take care of it personally. Some times a person prefers that, rather than paying higher premiums for x years later. Don,t let it go because it really is her fault and she should pay for it......if anything it will teach her to be more careful. If there had been a child involved, it could have been worse. She could have pushed you out into the path of an 18 wheeler...make sure she realizes this.
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
Things are probably going to work out fine.

First, get an estimate. Then contact her insurance company. As ultravox said, since she hit you from behind it's not going to be a question as to it being her fault. I wouldn't worry about not having a police report, and chances are if you had called them they wouldn't have come anyway unless someone was hurt or the cars couldn't be moved.

If the estimate is more than the car is worth, so what. You get the value of the car and you can still drive it.

Don't be concerned about contacting her company. Just say "One of your insureds ran into the back of my car and I want to know what arrangements need to be made to get my car fixed." They probably won't cop an attitude. If anything they probably expect to hear from you since she no doubt has already notified them.
 

jeremy806

Senior member
May 10, 2000
647
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Hey dude,

First off, not carrying collision on a car that is only worth a few thousand dollars is a good idea. It is just unfortunate that you got hit. Anyway, insurance laws vary from state to state. However, it is generally not your fault when someone hits the back of your car. Call the other person's insurance company. Call your insurance agent and ask for advice. Just because you don't have collision coverage doesn't mean that your agent can't help you.

jeremy806
 

Lord Evermore

Diamond Member
Oct 10, 1999
9,558
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76
I know it's her fault, I was just sitting there and she accelerated into me. She knew it was her fault too (though of course we didn't sit there and hash it over on the scene, but she apologized a few times), and she said it was the first accident she'd been in too.

By the way, I'm in MA, US. :) And I hate my insurance company but it's been easier to just let this policy finish out since I've paid it off through the end of the contract.

What I'm concerned about is the insurance company trying to say that it WASN'T her fault, since there's no way to prove that I DIDN'T back into her (except maybe with detailed analysis of the damage).

I don't think having her pay for it herself is the best idea, since then it's easy for her to reneg on it and not pay.

I feel better now though. Kranky's exact quote of what to say to the other insurance company helps, it gives me a start because I wouldn't really have known how to start it off.
 

Tominator

Diamond Member
Oct 9, 1999
9,559
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Problems!
I was hit while sitting still in an innersection waiting for a third party to finish an illegal turn....even after she admitted fault to me, her Insurance Company said ...SUE ME! Even after a Police Report...Idiot COP! They will not take sides at all, btw, unless a fatality is involved and they will get a notch up..

Without a Police Report, YOU ARE SCREWED! I'll be proven wrong when she admits the fault after she has talked to her Insurance Company, and they actually pay.

Truely Honest People are hard to find.....there are no honest Insurance Companies...
 

Soybomb

Diamond Member
Jun 30, 2000
9,506
2
81
Well a couple years ago a dude in a Grand Cherokee backed into my car....in the drivethrough! I called the cops and we did get an accident report, but my insurance company still refused to deal with it at all. I had to take care of all the stuff with the other company. It wasnt' hell, but it did take a while and wasn't something I'd look forward to again :) Anyway good luck and try to get your cash. Your father gave you good advice too, why spend another $1000 a year when in years you'd have the amount the car was worth?
 

apoppin

Lifer
Mar 9, 2000
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alienbabeltech.com
Don't worry, get two estimates and file a claim with her insurance company yourself. Your insurance company will not get involved - they don't have to - don't even bother them unless you want to ask your agent for advice.

If her insurance company does't do anything, sue them in small claims court. Make sure you have the estimates and photographs of the rear end damage. The only problem would be if she has no insurance.

A police report is NOT necessary to win in court. Good luck! Let us know what happens.
 

perry

Diamond Member
Apr 7, 2000
4,018
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I was in two accidents where there was no police report filed. Both were covered (one by my company, one by the other guy's company) no problem. If you have her name and stuff, call her company and they may be able to look it up.

Call her if they can't and get her policy number. If she is uncooperative, call your insurance company and ask what to do. It's clearly her fault, she can deal with your [insurance company's] laywers, police, whatever if she don't wanna play nicely.

In some states, it is illegal to drive w/o your insurance info on you (hell, in Georgia the cop says, 'License and proof of insurance' -- no registration). In Maryland, the cops don't file reports if no one is taken to the hospital. They'll show up, tell you to exchange info, give you their badge number, and leave.

Actually, one of the accidents I was in the guy wanted to pay himself. I told him I'd need a money order, cashier's check, or cash. Not unreasonable since he was in his late 30s and told me his was unemployed. No personal checks. He wanted to write me a check so he'd have a receipt later on. Duh. You get a reciept with a money order or cashier's check. He argued. I politely hung up and called his insurance agent. He called back 2 hours later and wasn't happy. Oh well, tough sh*t dude.
 

rahvin

Elite Member
Oct 10, 1999
8,475
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A rear end accident is always the person's fault who did the rear ending unless the person in front was doing something totally illegal (and even then it sometimes is, it's called proper lookout). Providing the lady doesn't lie to her insurance company about what happened they will pay for it. (this is why you always get a police report) Call the lady, find out her insurance agents name (if you don't have it) and call HER agent and file a claim with them.

And your dad was right about the comprehensive/collision insurance, if you get in a big accident and the damage is more than the BLUE book value of the car (which assumes it is a piece of sh!t) then they will total the vehicle and pay you the blue book value. Comprehensive and collision insurance are only worth it on valuable cars.
 

Bleep

Diamond Member
Oct 9, 1999
3,972
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Well if it was a sweet young thing in a mini skirt and the cops had came they would have probably asked her "and just how fast was he backing up when he run into you honey"?
Bleep
 

Imannewbie

Junior Member
Sep 6, 2000
14
0
0
If she Hits your back
That's her fault
She or her insurance company should pay for the repairs.

I think everyone will agree to this right?
 

Croton

Banned
Jan 18, 2000
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good luck..

i would get an estimate and then call her and ask if she wants to pay for it personally, or go through insurance.

you shouldn't let her get away w/this because it is HER fault and this will teach her a lesson not to be an idiot driver. GOD I hate idiot drivers!
 

Croton

Banned
Jan 18, 2000
5,030
0
0
good luck..

i would get an estimate and then call her and ask if she wants to pay for it personally, or go through insurance.

you shouldn't let her get away w/this because it is HER fault and this will teach her a lesson not to be an idiot driver. GOD I hate idiot drivers!
 

Tran23

Senior member
Nov 14, 1999
289
0
0
I belief that its her fault in any state. The only time that a rear-end accident is the car in teh front's fault is if its something like insurance fraud.
I agree with croton. Call her and ask if she'd want to pay for it or go through the insurance. As an accident like this may raise her insurance cost and/or cause her lots of grief.