To the guys that think a camera would not help, the camera does not have to see the other car hit you. It only needs to record you going straight in your lane and then the bump that causes your car to veer off line which will be very clear in the video. You put the direction your car went with the side the damage is on and anyone familiar with driving will be able to tell what happened. In this case you would have seen the Op in his lane with traffic ahead of him and the other car passing and moving into him but even if he had been hit in the rear you would have seen the sudden lurch of his car without him moving from his lane.
Car Accident - Sideswipe on Freeway
- Thread starter 92saturnsl2
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Originally Posted by KJSmith
If they assess any of the blame on you, you get nothing... at least in my state.
Happened to my son, Lady pulled out right in front of him, her view was totally blocked by other vehicles.
It was decided he was 20% at fault.
He did not have full coverage and was not paid at all.
KY is a pure comparative fault state, a driver at partial fault can recover damages, but that amount is reduced by his percentage of fault.
In your case, Texas is a comparative fault state with 51% rule, essentially meaning you can still recover damages even if you're partially at fault, but at 51% or more (majority) fault, you get nothing. Not sure why your son couldn't recover damages, he should have been able to if the other lady caused the accident.
If they assess any of the blame on you, you get nothing... at least in my state.
Happened to my son, Lady pulled out right in front of him, her view was totally blocked by other vehicles.
It was decided he was 20% at fault.
He did not have full coverage and was not paid at all.
KY is a pure comparative fault state, a driver at partial fault can recover damages, but that amount is reduced by his percentage of fault.
In your case, Texas is a comparative fault state with 51% rule, essentially meaning you can still recover damages even if you're partially at fault, but at 51% or more (majority) fault, you get nothing. Not sure why your son couldn't recover damages, he should have been able to if the other lady caused the accident.
Originally Posted by 92saturnsl2
Under "PRE-COLLISION VEHICLE ACTION" she has me as "GOING STRAIGHT AHEAD" and other driver as "CHANGING LANES."
Under "HUMAN FACTORS" she has me as "NONE DETECTED" and other driver "FAILED TO YIELD RIGHT OF WAY"
What do you all make of this?
Disregard what the other driver said at this point. Based on your version, the other guy's version, and the officer's opinion (it's opinion because they weren't there to see what happened), the officer believes your version to probably be what happened.
Even though it says the other driver failed to yield, does it indicate they were cited ? Very possible they were not.
Now, going back to what the other driver said, if you and them had different insurance, their insurance would take his statement and stand their ground as being fact. That's just how they operate. After all, he's their client and is on their side, not yours.
Under "PRE-COLLISION VEHICLE ACTION" she has me as "GOING STRAIGHT AHEAD" and other driver as "CHANGING LANES."
Under "HUMAN FACTORS" she has me as "NONE DETECTED" and other driver "FAILED TO YIELD RIGHT OF WAY"
What do you all make of this?
Disregard what the other driver said at this point. Based on your version, the other guy's version, and the officer's opinion (it's opinion because they weren't there to see what happened), the officer believes your version to probably be what happened.
Even though it says the other driver failed to yield, does it indicate they were cited ? Very possible they were not.
Now, going back to what the other driver said, if you and them had different insurance, their insurance would take his statement and stand their ground as being fact. That's just how they operate. After all, he's their client and is on their side, not yours.
Originally Posted by Leo99
Any follow up to this?
Not yet. Progressive has acknowledged receiving the police report. The lady handling the claim told me they have to review it and interview the other driver, then they will have a determination of fault by Tuesday. I'm keeping my fingers crossed that they don't try to weasel into a split fault scenario, but I don't believe the police report supports this.
Any follow up to this?
Not yet. Progressive has acknowledged receiving the police report. The lady handling the claim told me they have to review it and interview the other driver, then they will have a determination of fault by Tuesday. I'm keeping my fingers crossed that they don't try to weasel into a split fault scenario, but I don't believe the police report supports this.
Lies are hard to keep straight.
The insurance will read the report from police and listen to driver and likely find inconsistencies.
The insurance will read the report from police and listen to driver and likely find inconsistencies.
Originally Posted by Leo99
Any follow up to this?
Took a long time to get a resolution presumably because of the covid stuff and insurance agents working from home. Received a call from my claim rep about a week ago letting me know that 100% fault was attributed to the other driver. Great news. She had me send photos of accident damage through the progressive app. This involved following the on screen prompts which had me take photos at various angles. A couple days later a different person from Progressive E-mailed me and had me upload photos of the car interior, engine, tires, the whole car.
Got a call today from my claims rep and they've determined it's a total loss which I was prepared for. She gave me two options: surrender the car to them and they will pay out $1,760.00, or I keep the car which requires me to surrender my plates to the DMV and file for a salvage title, then their payout is decreased by $118.00. Out of the two choices it's an easy decision, I can sell the new tires I just put on it for more than $118...
Although their assessed value is higher than what I was expecting, I can't necessarily replace this vehicle with something as reliable or well maintained for $1642. It has more than that in value TO ME, as a reliable daily driver for my long commute. Looks like I'll have to navigate the hurdles of repairing it and getting it inspected so that I can get a rebuilt title and plates for it again. Process seems pretty straightforward in KY, notarized affidavit documenting all parts and labor (with receipts) for repair, and taking it to a certified inspector.
Any follow up to this?
Took a long time to get a resolution presumably because of the covid stuff and insurance agents working from home. Received a call from my claim rep about a week ago letting me know that 100% fault was attributed to the other driver. Great news. She had me send photos of accident damage through the progressive app. This involved following the on screen prompts which had me take photos at various angles. A couple days later a different person from Progressive E-mailed me and had me upload photos of the car interior, engine, tires, the whole car.
Got a call today from my claims rep and they've determined it's a total loss which I was prepared for. She gave me two options: surrender the car to them and they will pay out $1,760.00, or I keep the car which requires me to surrender my plates to the DMV and file for a salvage title, then their payout is decreased by $118.00. Out of the two choices it's an easy decision, I can sell the new tires I just put on it for more than $118...
Although their assessed value is higher than what I was expecting, I can't necessarily replace this vehicle with something as reliable or well maintained for $1642. It has more than that in value TO ME, as a reliable daily driver for my long commute. Looks like I'll have to navigate the hurdles of repairing it and getting it inspected so that I can get a rebuilt title and plates for it again. Process seems pretty straightforward in KY, notarized affidavit documenting all parts and labor (with receipts) for repair, and taking it to a certified inspector.
That sounds like it went the best way possible within the type of coverage you had/have and the potential for the other driver to have come up with a better lie than he did.
Thanks for sharing the entire episode.
I see now, the officer took a sloppy version of your narrative that could have fumbled the entire thing. I wonder if it's just best to make a written statement on one's own?
Her version sounds as if she feels (or you stated) you seen the trouble or possibility coming and didn't take evasive action or give up some room to allow space -even though you may legally not have to. More of a calling the other drivers bluff.
As you say, it was not the case.
The other item is having to follow the driver in a pursuit of sorts that left him little choice but to give in and pull over.
That would have been my hammer point just because it casts guilt by the party themselves. They were trying to run except for heavy traffic and would have gotten away. That tells anyone or at least infers who is at fault by the other party's actions alone.
When I see these type of things or that driving behavior, I always wonder what that persons driving or other records are like. I don't believe these are always folks who just had a bad day. I believe many live their life always operating this way- Very aggressive driving or attitudes and probably some hint of this in their file, records or past.
Thanks for sharing the entire episode.
I see now, the officer took a sloppy version of your narrative that could have fumbled the entire thing. I wonder if it's just best to make a written statement on one's own?
Her version sounds as if she feels (or you stated) you seen the trouble or possibility coming and didn't take evasive action or give up some room to allow space -even though you may legally not have to. More of a calling the other drivers bluff.
As you say, it was not the case.
The other item is having to follow the driver in a pursuit of sorts that left him little choice but to give in and pull over.
That would have been my hammer point just because it casts guilt by the party themselves. They were trying to run except for heavy traffic and would have gotten away. That tells anyone or at least infers who is at fault by the other party's actions alone.
When I see these type of things or that driving behavior, I always wonder what that persons driving or other records are like. I don't believe these are always folks who just had a bad day. I believe many live their life always operating this way- Very aggressive driving or attitudes and probably some hint of this in their file, records or past.
Originally Posted by Leo99
Reasons like this I have dashcam.
I would have one of these, but then my car would get broken into, and it would be stolen.
Reasons like this I have dashcam.
I would have one of these, but then my car would get broken into, and it would be stolen.
Where are the pics?
Here's a couple photos:
![[Linked Image from i.ibb.co]](https://i.ibb.co/rFP3rMW/c1.jpg "[Linked Image from i.ibb.co]")
![[Linked Image from i.ibb.co]](https://i.ibb.co/HF2FXjv/c2.jpg "[Linked Image from i.ibb.co]")
Triple_Se7en
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Pics conclude less damage than I expected. Would it hurt to keep the vehicle for $118 less and use the check to replace the front quarter panel and headlight assembly. Then just match some white dealer paint to remaining black scrapes?
That's what I plan to do, hopefully I can find a junkyard fender in white, then a $15 side marker lens would make this an easy and inexpensive fix.
Since you said "beltway that's not really an interstate" am I correct in guessing that it was on the Snyder around the Dixie Highway area? If so, that's not one of my favorite places in town to drive. In the afternoon, it seems to always be bumper-to-bumper gridlock combined with people who think they can jump line and do some dangerous maneuvers doing so.
Originally Posted by bunnspecial
Since you said "beltway that's not really an interstate" am I correct in guessing that it was on the Snyder around the Dixie Highway area? If so, that's not one of my favorite places in town to drive. In the afternoon, it seems to always be bumper-to-bumper gridlock combined with people who think they can jump line and do some dangerous maneuvers doing so.
You'd be correct, it was eastbound on Gene Snyder just after the Stonestreet exit. That stretch between Dixie Hwy. and I-65 is like the Wild Wild West, always a mix of cars doing 85 driving aggressively and white knucklers doing 10 under... bad combination.
Since you said "beltway that's not really an interstate" am I correct in guessing that it was on the Snyder around the Dixie Highway area? If so, that's not one of my favorite places in town to drive. In the afternoon, it seems to always be bumper-to-bumper gridlock combined with people who think they can jump line and do some dangerous maneuvers doing so.
You'd be correct, it was eastbound on Gene Snyder just after the Stonestreet exit. That stretch between Dixie Hwy. and I-65 is like the Wild Wild West, always a mix of cars doing 85 driving aggressively and white knucklers doing 10 under... bad combination.
Originally Posted by 92saturnsl2
Originally Posted by bunnspecial
Since you said "beltway that's not really an interstate" am I correct in guessing that it was on the Snyder around the Dixie Highway area? If so, that's not one of my favorite places in town to drive. In the afternoon, it seems to always be bumper-to-bumper gridlock combined with people who think they can jump line and do some dangerous maneuvers doing so.
You'd be correct, it was eastbound on Gene Snyder just after the Stonestreet exit. That stretch between Dixie Hwy. and I-65 is like the Wild Wild West, always a mix of cars doing 85 driving aggressively and white knucklers doing 10 under... bad combination.
Your description of what happened(along with the location) really clued me in on that.
After living in Louisville for 10 years, there are not many places I mind driving, but that's one of them. I use to go out to Knob Creek to shoot a couple of times a month, but for a variety of reasons rarely go there anymore and haven't driven that part of the Gene Snyder in a while.
Originally Posted by bunnspecial
Since you said "beltway that's not really an interstate" am I correct in guessing that it was on the Snyder around the Dixie Highway area? If so, that's not one of my favorite places in town to drive. In the afternoon, it seems to always be bumper-to-bumper gridlock combined with people who think they can jump line and do some dangerous maneuvers doing so.
You'd be correct, it was eastbound on Gene Snyder just after the Stonestreet exit. That stretch between Dixie Hwy. and I-65 is like the Wild Wild West, always a mix of cars doing 85 driving aggressively and white knucklers doing 10 under... bad combination.
Your description of what happened(along with the location) really clued me in on that.
After living in Louisville for 10 years, there are not many places I mind driving, but that's one of them. I use to go out to Knob Creek to shoot a couple of times a month, but for a variety of reasons rarely go there anymore and haven't driven that part of the Gene Snyder in a while.
Sorry about your car. About 10 years ago my wife was similarly hit on the freeway by a hit-and-run driver. It was late at night and no one saw the accident. She called and reported it to the sheriff but we didn't have much hope to collect on the damage.
The next day I was getting ready to take the van to the autobody shop for an estimate and my wife mentioned that there was a scraping sound from the rear wheel. Sure enough there was a piece of plastic trim stuck in the body back there, and when I managed to pull it free it turned out to be the other driver's license plate in the plastic frame. When he swept along the side of the car it tore off the plate and embedded it in our car.
I turned it over to the sheriff and surprisingly enough the guy had insurance (as well as now a leaving the scene ticket).
The next day I was getting ready to take the van to the autobody shop for an estimate and my wife mentioned that there was a scraping sound from the rear wheel. Sure enough there was a piece of plastic trim stuck in the body back there, and when I managed to pull it free it turned out to be the other driver's license plate in the plastic frame. When he swept along the side of the car it tore off the plate and embedded it in our car.
I turned it over to the sheriff and surprisingly enough the guy had insurance (as well as now a leaving the scene ticket).
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