Car Accident - Sideswipe on Freeway

Joined
Mar 2, 2004
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3,232
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Kentucky
Today somebody nailed me in the front passenger quarter at interstate speeds. This was a four lane (2 each direction) divided highway, a beltway around Louisville, pretty much an interstate but not signed as such. I was in the left lane going about 65, following a line of cars that were passing a slower vehicle in the in right-hand lane. Out of the corner of my eye I see an SUV approaching at a high speed (about +15 faster than I) on the right hand side, he's about even with me when I first notice him. I can't tell where's he's going but he's gotta slow down or make a move because he's quickly approaching the slow car in front of him. I stay at my speed following traffic and he suddenly swerves left into my lane in an attempt to get in front of me, nailing me in the front fender with his rear quarter. I don't know why, he either timed the maneuver wrong (there was probably room to squeeze in, I don't tailgate), or didn't notice me since I was in his blind spot (hard to believe since he just passed me). His cut to the left was so aggressive that I had no time to react- got on brakes, I swerved left as much as I reasonably could (without running off road or losing control), no time for the horn. He tried to drive-off, but I stayed behind him about a half mile until he got into heavy traffic, then decided to pull over. My interaction with him was less than stellar. He got out of his car shouting expletives and his reaction to my asking for his information was "I don't have to give anything to you, call the cops." Call the police I did, which I would have anyways, and they took my statement and filed a report. I ask the officer about his statement and information, she tells me that I need to order the police report which will be available in a few days. She did say he had the same insurance as I (Progressive). So now I'm questioning what this [censored]'s story was, for all I know he could have said I hit him. Is there a way they can tell what happened from the damage? I filed a claim with my insurance company, naturally they have to wait for the police report to assess fault. I don't have full coverage on this vehicle ('96 Maxima), so I have to wait and see if they'll reimburse me for the damage at least. Car definitely needs a fender which is crinkled up pretty good, the side of the bumper cover just looks like it's been doused in black paint from all the rub-off, and it got my side marker light. Tire and rim were hit but no real damage evident other than contact/scratch marks. Car still drives fine no weird pulling, shaking or anything of the sort. I just had four brand new tires put on and had alignment done literally yesterday, this is just my luck. Curious how the insurance company will deal with this, or if anyone has ever been in a similar situation.
 
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Mar 30, 2014
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Reasons like this I have dashcam. Hope it works out for you. Don't think you're going to get your car fixed for free but you never know.
 
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NoVA
Yep without a dashcam, or something obvious/proof, insurance will just say 50/50. Insurance companies love split faults. That way every-bodies insurance goes up and they do not have to worry about depreciated value claims. Get a dashcam. I have 1 in each of my vehicles. A cheap but good and reliable dashcam is the Blueskysea B1W.
 
Joined
Dec 30, 2006
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Dallas,Tx USA
What a total [censored] bag pos! I wonder if you can get him for attempted hit and run? I'd definitely consult with a property damage attorney. Are you feeling any aches or pains? You usually have 10 days to file a case with a personal injury attorney.
 
Joined
Dec 8, 2006
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Columbus, Ohio
Originally Posted by Jimzz
Get a dashcam. I have 1 in each of my vehicles. A cheap but good and reliable dashcam is the Blueskysea B1W.
Was looking at this online. Can you pop it off base to take inside? I am afraid of car breakins.
 
Joined
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Kansas
I'd bet money that his version to the cops will be completely different than yours.
 
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Ohio
Without witnesses (and considering you two pulled over so far from where it happened, I'm guessing there are none), the police aren't even going to cite him. Since you have the same insurance, it will be interesting how Progressive treats you.
 
Joined
Oct 26, 2015
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Pittsburgh
I use a dash camera now too. I am also considering getting one that has a separate camera for the rear window. I saw someone today pass a tow truck using a turning lane. I am just glad I did not have to see an accident happen although it would have served that driver right!! This turning lane is not like a firth lane on a 4 lane road but the kind that you sometimes get an arrow signaling your turn to go. If that happened to me personally a rear camera would prove that the driver was behind me and being very careless and also endangering everyone nearby. It would just make it much harder to make up some sort of lie and try to get out of it. The camera I use can be removed from its base but since I never really "install" it that makes it very easy for me to get it off the window. I just unplug the power and release the suction cup then it comes off easily enough and I can fit it in my glove box easily enough.
 

Nick1994

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Definitely get a dashcam now. I have the one in the below link in my Genesis and have another one I need to hook up in my Jeep. My brother drives my Camry but I did today for the first time since October and was almost T-Boned bad in it today. Amazon Link
 
Joined
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NJ
Originally Posted by aquariuscsm
What a total [censored] bag pos! I wonder if you can get him for attempted hit and run? I'd definitely consult with a property damage attorney. Are you feeling any aches or pains? You usually have 10 days to file a case with a personal injury attorney.
In NJ you have two years to file a personal injury case. Never heard of a property damage attorney. The firm my wife works for doesn't bother with property damage unless it's real significant. A '96 Maxima's worth isn't significant.
 
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Jul 9, 2008
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British Columbia, Canada
I had pretty much the same thing happen to me, though the speeds were slower - about 50 KmPH (30 MPH). The young lady whacked me pretty hard as she went by and then took off in heavy traffic. I followed flashing my lights until she stopped. "Oh, did I hit you?" She had several people in the car and I was alone. There were had dents all over her car. So I filed a claim with my insurance company. My insurance company determined that she was responsible. They asked me to pay my deductible while they got the money out of her, on a monthly payment plan. After a month I got a cheque for the whole amount. She missed her first payment and the insurance company told her to "Pay up now or we'll report you for failing to have insurance". Done.
 
Joined
Feb 26, 2014
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597
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Ontario, Canada
We went to no fault insurance, and most here don't even realize until they get their renewal following the accident and seeing their rates have gone up. They figure it was not their fault, so no reason to consider inquiring as even it says so on police reports. And you would figure the agent would tell them, but nope....they open their new insurance letter for their slip, only to find that it went up X amount of dollars. Everyone get screwed, premiums go up and service is junk.
 
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Joined
Jun 11, 2003
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Hedgesville, WV
It would be nice if you had a dash cam, but a real accident investigator can tell who was going faster than who by the body damage and the way the paint transfers. I dont know if Progressive has their own investigators or if they use sub contractors but if they have been doing this long enough they will know whos story rings true.
 

gathermewool

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New England
I have a dashcam that recorded nothing of use when I was hit a few months ago. I was hit by some numb nut who refused to yield when his lane ended (not a single vehicle behind either of us, by the way), but in the rear corner panel, so the cam didn't catch anything conclusive. I was hit by some bro-dude in a lifted truck with monster truck tires and wanted more than anything to follow him (after I pulled off and he proceeded to VROOM past me, with nary a second thought to the collision that had just occurred), but I had a meeting to get to that I honestly could not miss, so I let him go. Luckily, the only damage was a 2.5'X2' patch of rubber rubbed onto my corner panel. I was completely taken by surprise when I felt the initial contact, unable to comprehend that this dude wouldn't fall in line with the rest of us in traffic (four+ cars ahead of me) - he just HAD to get ONE MORE car ahead. I guess with tires that big and wide, you don't have to give a crap about contacting your neighbors on the road, since "rubbin's racin'", right!? I would have done the same thing as the OP, but unless he has proof that the other party is at fault he will likely regret having followed and confronting the other party. I hope I'm wrong, but I don't think I am, based on the information provided in the OP.
 
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He is going to say you hit him ... And you say he hit you. Without a witness, the insurance company will usually allocate fault 50 / 50. You may be able to withdraw your claim, but the damage may already be done. And chasing the guy down sometimes get you dead ... I get that the red mist (adrenaline + anger ) is powerful, but getting shot over a fender bender is not worth it.
 
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The land of USA-made Subies!
As long as he stated he moved into the left lane and your story was that you were already there, your story should stick. No other way can that kind of impact happen. Good luck, get a dash cam, and still drive like every idiot around is going to do the dumbest thing possible- because experience proves this to be true!
 
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Originally Posted by SubieRubyRoo
As long as he stated he moved into the left lane and your story was that you were already there, your story should stick. No other way can that kind of impact happen. Good luck, get a dash cam, and still drive like every idiot around is going to do the dumbest thing possible- because experience proves this to be true!
And if he says he was in the right lane and our hero changed lanes without looking and hit him?
 
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Originally Posted by geeman789
He is going to say you hit him ... And you say he hit you. Without a witness, the insurance company will usually allocate fault 50 / 50. You may be able to withdraw your claim, but the damage may already be done. And chasing the guy down sometimes get you dead ... I get that the red mist (adrenaline + anger ) is powerful, but getting shot over a fender bender is not worth it.
The OP has no collision insurance so how can he make a claim? 50/50 sounds right. The insurance company or police are not sending out forensic experts for a fender bender.
 

Pew

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Mar 12, 2018
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Illinois
+1 on the dash cam. I could have used it in the evo a few times but so far I've gotten lucky in the focus to not have to show anybody any footage yet after 180k miles.
 
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