lemme try to condense this, i wanted to change lanes kinda fast (i wasnt weaving, just one lane to another) and while i was signaling and starting to go right, there was a car 2 lanes away on the right signalling to get into the same lane. I saw her and thought she saw me before she came into my blind spot so i went in, got all the way in and noticed she came back into my view and was REALLY close to my car... she wasn't even looking over at my car so i kinda freaked out. Just as i was slowly veering back out and thinking "is she gonna hit@#$@#)....... yeah. I got behind her and she stayed in the middle lanes... i was like wtf so i got next to her and honked... she ignored me. I honked like 5 times and she finally pulled over.

At first i was freaking out about my car then i asked if she was okay, it was all good till her mom came out and said i was my fault...then me and the driver got into a little argument about who hit who... i was honestly only worried about my car so i didnt think much of it. Then she starts walking back to her car saying "well im late to a place so.." and i was like... ARE YOU SERIOUS? Then she looks all angry saying "Do you really wanna do this?" it sounded like she was gonna shoot me or some crazy shit so i was just like fine whatever. I didn't get ANY info down but luckily i thought about getting her license plate down before we pulled over.. but that's all i have.. oh and i know she had a silver toyota matrix

Basically she made it sound like i hit her and i believed her... But looking back im sure i was in the lane first, even if it was just for a fraction of a second. i only have scrapes on my mirror and some paint came off my bumper... Should i leave it alone or pull a lawsuit? I really dont care too much but im just kinda angry she had the nerve to say i hit her and that she had no intention of pulling over till i got next to her and honked

 

Lawsuit? It's a little too premature for that.

Contact the police and file an accident report. Tell them exactly what happened. They should be able to get you her info and try to go through her insurance first.

The fact that you contacted the police first and that she wanted to leave the scene may play out in your favor.

Good luck!

 

Yep, she was definitely at fault if she was involved in a minor accident and tried to run. Make sure the police report has that down.

 

I think you're pretty much screwed. Even If you do get their info, its gonna be 50% your fault. So unless it's a lot of damage I wouldn't even bother.

 

Sorry to hear about your accident. Maybe just ask your insurance agent what they would recomend. My agent will usually give me his recomendations on how I should proceed.

 

Wrong! Trying to run from an accident in itself is a violation. It does not establish who was right or wrong in causing the accident.

In the absence of any witnesses you have a he said, she said (swearing match). Your insurance company will support you if there is no evidence against you and her insurance company will support her if there's no evidence against her.

Talk to your insurance agent. He will give you the straight story; not the wierd stuff you will read on a forum.

 

I think it would be her fault since you were in the lane first.

 

accordguy-man you're weak. you remind me of that one japanese guy that recently married his DS anime character. hahahaa. jk lol

yah, just get it fixed and call it a day.

 

felony hit and run...

 

You sound unsure. If you were in the lane, and she moved over and hit you, her fault.

If you both moved over, both at fault. You mention that you saw her blinker and went anyways. IANAL but that doesn't sound like something you would want to point out

I would recommend filing a police report and going through the insurance cos.

(hi gimme)

 

yea i think we probably both moved in but i got there first, and she was not head to head with me, she was a little behind me. I'll call the police station and see what could be done.

 

you shoulda called to file the report when she was leaving.... now its going to be harder.

 

i was a little hesitant cuz i didnt want my parents knowing about it.. lol i have to drop them off at LAX next weekend and they already are a little worried.. no need to worry them more. But i think it's a good idea to call the PD or insurance company to see what should be done after hearing everyone's opinion.

 

I think that all in all it is kinda both of your faults. Now she did...if she left before police showed up with technically you did to if you never called the policy. It sucks but I think that it is going to be a 50/50 thing....your only up on her would be filing the report but I don't even know that will help you. You might just want to count your losses and just get your car fixed.

 

hi bowkr

who are you?

And Jason, file a report regardless. it is something you need documented for the "just incase" scenario

 

even if you had called the cops when it happened, it still would have been 50/50 (unless you had a witness).
u stil havent said how much damage was incurred, but if its less than 1000 bux i wouldnt bother (assuming your deductible is $500).

like someone else said, best bet would be to consult with your insurance agent,.. don't expect a miracle tho..
technically she DIDNT hit and run, because she pulled over. Had you called the cops and informed the other party of so, and she left, then it would be considered hit and run. the fact you guys talked about it eliminates the fact it was a hit and run.

 

Sorry to hear about your car and sounds like she knew that she was at fault and just wanted to get back on the road and out of there. If this ever happens again, call the police and have them come and look at the damage and get both sides of the story. You need the documentation and if you had called the police and she just left - the law would be on your side and so would the insurance.

Hope you get it fixed and just as good as new!

Cat :x

 

okay i guess not much could be done then.. sigh yea some paint just came off my mirror and some off my bumper, most of the scrapes came off with claybar, scratchX, and some elbow grease. i really think she hit her car with someone elses before hitting me... her entire side of the car was scraped up pretty good and i had only mirror, fender, and a little front bumper.. honestly her ENTIRE side of the car had marks all over it.. and she was saying it was all me. Either the Fit hates toyota Matrixs or something is up. haha

oh or maybe my 205 width tires came up against her car........

 

What this person says is the most accurate. If the other driver claims that they did not know they were in an accident then they will not be held accountable for not stopping. The burden of proof here is the other driver's intent. Did she intend on evading you after being in the accident? Most likely not, she was just oblivious to what was going on around her.

I hope you photographed your car immediately after the accident as well. Due to the time lapse from when the incident occurred and when you contacted the police to file and accident report you have given her an opportunity to dispute the damage. She could allege that the damage was old and could have been present prior to the accident or that it was new and not from the accident involving her.

A police report at this time would only be for documentation purposes. Sorry to say it but you are going out of pocket on this one most likely.

 

I am a claims adjuster for AAA, and I can tell you what would happen if you were to report this claim (if you have AAA, all insurance companies are different, they may have different policies).

What coverages do you have? If you have collision and UDW (uninsured damage waiver), your deductible should be waived regardless if the other insurance carrier accepts liability. UDW allows your deductible to be waived if 1) you are not principally at fault and 2) you have some identification on the other car/driver, such as license plate, drivers license, name, etc.

When they take your recorded statement, things to say: You were in your lane for at least 3 seconds and saw her merge into your lane. You honked, but the other vehicle continued to merge into your lane. Don't say "I think i was there first" or "I'm not sure who was in the lane first". And especially do not say "I did not see her prior to the impact" That automatically puts you at least 50% at fault, especially if you were making a lane change.

The point of impacts to both vehicles will certainly work in your favor. Yours being the mirror and front bumper and hers being the side of the car shows that you were in HER blindspot. Why would you make a lane change into a vehicle who was in your plain sight?

Like Whapp said, your insurance company will support you if there is no evidence against you, such as a witness. You know for sure there is no witness, as you guys did not even exchange information. Sure, she can fabricate a witness, but just make sure that you say that she left the scene and no information was exchanged on your recorded statement. Even if you lie, your insurance company will side with you unless they can prove you are lying. I've had some obvious lying insureds, but we still set him 0% fault because we couldn't prove it. Bad faith in an insured will get you sued!