Car Accident Advice

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monte

Joined
Dec 21, 2006
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CA
Hi all,
I was in a car accident the other night. Basically, we were both getting going after a red light. We had just crossed an intersection and she slammed into the side of my car, denting the fender and a small part of the door. She was in the lane to the left of me and was on the cell at the time of the accident. Of course she denied it was her fault (through communication w/ her teen daughter, as the mother/driver doesn't speak English).
So, I gave the info to my insurance co. and they gave me a place to have them check out the damage and send in pics. So, now I am curious as to what happens next. Give me some pointers to protect myself if anyone knows some good ones, as this is my first accident.
BTW, this happened in CA.
Thanks
 
First things first. It all depends on what kind of coverage you have. Only liability, or also uninsured motorist collision, and collision.

Are the police investigating? That will play into who is considered at fault and therefor, who's insurance pays.
 
Only have liability insurance. No investigation. An officer just so happened to be nearby so I was able to "honk him over". He said they can't take a report b/c there were no injuries. He also made us move our cars to the roadside. Which I didn't want to do b/c it clearly showed her car was about 2-3ft in my lane and my car 2-3ft in the next lane over. Shame I hadn't packed the camera, that would have sealed the deal as to who was at fault as far as I am concerned.
 
Were there any witnesses? Any marks left on the street? And also as Drew mentioned was there any police involvement? Seems like if it could be proven she came into your lane it'd be a pretty easy case. But then I'm not an insurance agent or anything...

EDIT: Cross posted.. Just saw your previous reply.
 
Last edited:
Yep, turned it all over to my insurance co. I guess they will now call me to get my side of the story.
Do you guys think I should go the the shop recommended by my insurance or what? Also, since the fender and door are dented in pretty good (not terribly) do I have a right to new parts or whatever they recommend? I am also worried about alignment, as I was literally push from the side into the other lane.
 
No report??? [censored]. When my car was ruined, granted the guilty girl caused a 4-car pileup, the police took a report. No injuries there.
So I take it this was one of our friends to the south that caused this???

If the cellphone thing is an issue, demand in court the call records. I assume this person used their cell to call the police right after? If so, then you can see the calls made just before this, and use it as proof. At least in NJ, driving and using a cell phone is illegal.

I assume that the driver wasnt paying attention and just went ahead changing lanes.

Keep us posted.

JMH
 
Not from the South, more like far East. They were so rude too. Totally denied that she was on the phone or she was at fault. I believe she either was confused about the lanes, thought the lane veered off to my lane or was trying to get into the starbucks parking lot. Either way she was obviously distracted on the phone.
Is it typical to go to court for such accidents? Unfortunately I see a fight ahead, unless the insurance co's can decipher who was at fault.
 
wow, dude. if she denies fault, police didn't make a report. it's your word versus her word. your on your own since you have only liability. I would not have moved the car until an on duty cop made the police report or until you pointed out to him the damage. write his badge number and name down. Use him as a witness in a small claims court case. cops could care less about making accident reports. it's like writing parking tickets.
 
I got the police's name and badge # but he said it was not his jurisdiction (next city over). He called for the police in the city it happened but warned me it would probably be a looong wait, and assured me they too would not be able to do a report. I was pretty surprised too, thought it was just a part of their job.
 
I had some debris fly out of a parked pickup truck, in a home depot parking lot, into my mother in law's buick.

Cops refused to come, saying it was an act of G0D. After they got my name and address, and figured out I didn't live in that town.

You could try going to the police station of the town the accident happened in, and filing a report after-the-matter. The other driver probably won't know to or care to figure out how to do this. Include the cops info as a witness. This may go nowhere but your insurance or theirs may later say "was there a police report" and you can smugly say "yes".

Read your long boring policy for your liabilities in a wreck, they may demand you file a report within 48 hours. Do not fall "off the wagon" as far as your liabilities to your own insurance company.
 
This happened on Saturday. Actually, the police station is almost directly across the street from the accident. I didn't bother to go as the officer told me in absolute certainty that they couldn't do a thing. He was a nice enough guy, I took it-it was simply out of his hands (policy).
 
In my state (NH) you are required to report accident to police if damage appears to be over $1000. Good luck...
 
Originally Posted By: Cutehumor
wow, dude. if she denies fault, police didn't make a report. it's your word versus her word. your on your own since you have only liability. I would not have moved the car until an on duty cop made the police report or until you pointed out to him the damage.

I agree, except the part about refusing to move the car.

Once the cop is on the scene and observes the situation thats sufficient enough to write up the report for a small fender bender. No sense antagonizing the guy, and you may end up cuffed and stuffed for interfering in the performance of duties or failure to observe if you make a stink.

However, that fact that he refused write a report is bizzare as it sounds like there was siginficant damage, must be a Maine state thing, or he was full of you know what.

Unfortunately, without a police report in your favor it going to be a "he said, she, said" deal and neither insurance company wants to pay if they don't have to.
As mentioned, since you don't have collision I don't know what your insurance company is going to do for you. Had you collision converage your instance company would repair your car then try to recover the cost from the other drivers insurance company.

Moreover, tying to going after this lady in small claims court will be an uphill battle as well, again because of the lack of the police report.

Been there, done that, a woman crashed into the back of my mothers car causing $350 worth of damage, the cops showed up but no police report was made.
After a lots of hassle and wasting time off from work we got a big $100 from the lady through a mediator in small claims court, (not worth it).
 
My wife got in a hit-and-run with an illegal, cops came, took a report, then a year later she gets a call from her insurance company saying her rates were going up because she got a point on her license for it. She called the DMV and they pretty much blew her off saying if she wanted it fixed, she'd have to go to court.
 
So, I am going to a shop my insurance co. recommended tomorrow. They are going to asses the damage and send in pics to the insurance.
Now I would like to know if I have the right to get money for the damages to fix at my will or if the insurance will only give the damages to an auto repair shop to repair the damages.
If all goes well, and they find her at fault I would probably just want the money and have the dents popped out the best they could be.
 
I know some of you must know the answer to my question. I would like to know if I can simply get the money for the damages from her insurance co., as opposed to having the insurance co. just forwarding it to a shop to have my car fixed.
Please let me know what you know/think about this
Thanks
 
Legally insurance is supposed to make you whole, not better off than before you wrecked.

You may be able to say that the value of your car was diminished as an excuse to pocket the $$$$.

Best thing is to tell the body shop you're getting another quote elsewhere. Their eyes will bug out of their heads and they'll stammer and try real hard to sell you on using them.

If you mention you're pocketing the money, they'll read you some sort of riot act.

Sometimes body shops direct-bill insurance companies, great sometimes, not so much in your example.
 
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