How would you proceed?--car accident

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MnyGrl
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How would you proceed?--car accident

Post by MnyGrl » Wed Oct 31, 2018 1:38 pm

I was involved in a car accident on my way home from work yesterday. I was in right lane, a truck was in left lane, and the trailer ran into my left front end as they seemed to be trying to get into my lane so as not to miss a right turn. :oops:

I have clear pictures that show the truck on my left coming into the right lane and hitting my car. I do not have witnesses since the driver was so volatile I was afraid to get out of my car. I called the police and they had us fill out forms to exchange information. I called my insurance company (Erie) and recorded a brief interview; they said it was fine to talk to other insurance company (Progressive) so I talked with them briefly.

There were no injuries to either of us. His trailer was not damaged. The car is driveable and I'm guessing no more than $1000 worth of damage to front bumper area.

Anything else I should be thinking of? Since car is 2018 model, should I consider asking for loss of value from Progressive? Thanks for any help, I have never been through this before.

Thegame14
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Re: How would you proceed?--car accident

Post by Thegame14 » Wed Oct 31, 2018 1:43 pm

be prepared for his insurance to say that their client says it was your fault. The insurance companies goal is to pay as few claims as possible and will try to do the no fault thing...

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fortfun
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Re: How would you proceed?--car accident

Post by fortfun » Wed Oct 31, 2018 1:44 pm

MnyGrl wrote:
Wed Oct 31, 2018 1:38 pm
I was involved in a car accident on my way home from work yesterday. I was in right lane, a truck was in left lane, and the trailer ran into my left front end as they seemed to be trying to get into my lane so as not to miss a right turn. :oops:

I have clear pictures that show the truck on my left coming into the right lane and hitting my car. I do not have witnesses since the driver was so volatile I was afraid to get out of my car. I called the police and they had us fill out forms to exchange information. I called my insurance company (Erie) and recorded a brief interview; they said it was fine to talk to other insurance company (Progressive) so I talked with them briefly.

There were no injuries to either of us. His trailer was not damaged. The car is driveable and I'm guessing no more than $1000 worth of damage to front bumper area.

Anything else I should be thinking of? Since car is 2018 model, should I consider asking for loss of value from Progressive? Thanks for any help, I have never been through this before.
Curious? How do you have pictures of the truck coming into the lane? Dash cam/some new feature in 2018 vehicles?

Rupert
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Re: How would you proceed?--car accident

Post by Rupert » Wed Oct 31, 2018 1:49 pm

Thegame14 wrote:
Wed Oct 31, 2018 1:43 pm
be prepared for his insurance to say that their client says it was your fault. The insurance companies goal is to pay as few claims as possible and will try to do the no fault thing...
+1. Don't assume the insurance companies won't assign some percentage of blame to you. Just in case that happens, research whether diminished value (DV) is covered under your collision coverage. In most states, it is only covered under liability. If you are able to claim DV, keep in mind that you will have to raise the issue with the insurance company (they'll never mention it) and that the insurance company will make an initial low-ball offer that you should reject. There are lots of webpages devoted to DV claims and how to make them. So Google is your friend there.

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MnyGrl
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Re: How would you proceed?--car accident

Post by MnyGrl » Wed Oct 31, 2018 1:49 pm

fortfun wrote:
Wed Oct 31, 2018 1:44 pm
MnyGrl wrote:
Wed Oct 31, 2018 1:38 pm
I was involved in a car accident on my way home from work yesterday. I was in right lane, a truck was in left lane, and the trailer ran into my left front end as they seemed to be trying to get into my lane so as not to miss a right turn. :oops:

I have clear pictures that show the truck on my left coming into the right lane and hitting my car. I do not have witnesses since the driver was so volatile I was afraid to get out of my car. I called the police and they had us fill out forms to exchange information. I called my insurance company (Erie) and recorded a brief interview; they said it was fine to talk to other insurance company (Progressive) so I talked with them briefly.

There were no injuries to either of us. His trailer was not damaged. The car is driveable and I'm guessing no more than $1000 worth of damage to front bumper area.

Anything else I should be thinking of? Since car is 2018 model, should I consider asking for loss of value from Progressive? Thanks for any help, I have never been through this before.
Curious? How do you have pictures of the truck coming into the lane? Dash cam/some new feature in 2018 vehicles?
Sorry, I meant clear pictures of our stopped vehicles. It shows him half in left lane, half in my lane, trailer hitting my front end. A dash cam seems like a good idea but I don't have one yet.

I do expect some pushback although I don't know how anyone could argue with the pictures!

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fortfun
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Re: How would you proceed?--car accident

Post by fortfun » Wed Oct 31, 2018 1:52 pm

MnyGrl wrote:
Wed Oct 31, 2018 1:49 pm
fortfun wrote:
Wed Oct 31, 2018 1:44 pm
MnyGrl wrote:
Wed Oct 31, 2018 1:38 pm
I was involved in a car accident on my way home from work yesterday. I was in right lane, a truck was in left lane, and the trailer ran into my left front end as they seemed to be trying to get into my lane so as not to miss a right turn. :oops:

I have clear pictures that show the truck on my left coming into the right lane and hitting my car. I do not have witnesses since the driver was so volatile I was afraid to get out of my car. I called the police and they had us fill out forms to exchange information. I called my insurance company (Erie) and recorded a brief interview; they said it was fine to talk to other insurance company (Progressive) so I talked with them briefly.

There were no injuries to either of us. His trailer was not damaged. The car is driveable and I'm guessing no more than $1000 worth of damage to front bumper area.

Anything else I should be thinking of? Since car is 2018 model, should I consider asking for loss of value from Progressive? Thanks for any help, I have never been through this before.
Curious? How do you have pictures of the truck coming into the lane? Dash cam/some new feature in 2018 vehicles?
Sorry, I meant clear pictures of our stopped vehicles. It shows him half in left lane, half in my lane, trailer hitting my front end. A dash cam seems like a good idea but I don't have one yet.

I do expect some pushback although I don't know how anyone could argue with the pictures!
Hard to say if his insurance company will believe him or you. In my experience, the insurance companies will usually go with the more believable story but it's hard to say. At least you have the pictures. Good luck!

barnaclebob
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Re: How would you proceed?--car accident

Post by barnaclebob » Wed Oct 31, 2018 2:06 pm

Filing a claim for diminished value after its fixed can't hurt you.

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Blueskies123
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Re: How would you proceed?--car accident

Post by Blueskies123 » Wed Oct 31, 2018 2:11 pm

Last two times this happened to people I know the other driver said my friend drove into their lane. Good luck and be emotionally ready. There is no consequence when bad people lie, even when subsequent a video recording shows who was at fault.
A bad person does not get a ticket for lying and their insurance company does not drop them.
They just have the consequence of being a bad person.

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dm200
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Re: How would you proceed?--car accident

Post by dm200 » Wed Oct 31, 2018 2:58 pm

I think I would try to let my insurance company deal with this - unless the truck's insurance company agrees to pay for the full repairs.

123
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Re: How would you proceed?--car accident

Post by 123 » Wed Oct 31, 2018 3:05 pm

I think you are better off having been hit by a commercial vehicle than a passenger vehicle. When our vehicle was damaged by a commercial truck it was resolved very easily and quickly (as long as there is no personal injury involved).
The closest helping hand is at the end of your own arm.

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dm200
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Re: How would you proceed?--car accident

Post by dm200 » Wed Oct 31, 2018 3:05 pm

123 wrote:
Wed Oct 31, 2018 3:05 pm
I think you are better off having been hit by a commercial vehicle than a passenger vehicle. When our vehicle was damaged by a commercial truck it was resolved very easily and quickly (as long as there is no personal injury involved).
I tend to agree with this.

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MnyGrl
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Re: How would you proceed?--car accident

Post by MnyGrl » Wed Oct 31, 2018 3:08 pm

dm200 wrote:
Wed Oct 31, 2018 3:05 pm
123 wrote:
Wed Oct 31, 2018 3:05 pm
I think you are better off having been hit by a commercial vehicle than a passenger vehicle. When our vehicle was damaged by a commercial truck it was resolved very easily and quickly (as long as there is no personal injury involved).
I tend to agree with this.
That is good news. It was a commercial truck (small car carrier trailer attached).

megabad
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Re: How would you proceed?--car accident

Post by megabad » Wed Oct 31, 2018 6:14 pm

MnyGrl wrote:
Wed Oct 31, 2018 1:38 pm
I was involved in a car accident on my way home from work yesterday. I was in right lane, a truck was in left lane, and the trailer ran into my left front end as they seemed to be trying to get into my lane so as not to miss a right turn. :oops:

I have clear pictures that show the truck on my left coming into the right lane and hitting my car. I do not have witnesses since the driver was so volatile I was afraid to get out of my car. I called the police and they had us fill out forms to exchange information. I called my insurance company (Erie) and recorded a brief interview; they said it was fine to talk to other insurance company (Progressive) so I talked with them briefly.

There were no injuries to either of us. His trailer was not damaged. The car is driveable and I'm guessing no more than $1000 worth of damage to front bumper area.

Anything else I should be thinking of? Since car is 2018 model, should I consider asking for loss of value from Progressive? Thanks for any help, I have never been through this before.
Just to be clear diminished value responsibility is typically controlled by state regulations. Keep in mind that sometimes you get diminished value OR repair costs, not both. Every state is different, so YMMV.

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Kenkat
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Re: How would you proceed?--car accident

Post by Kenkat » Wed Oct 31, 2018 6:40 pm

Did the police cite the other driver? In Ohio, police will typically issue a citation to the driver they consider at fault if it is clear from the accident scene. This is good ammunition in a dispute.

spitty
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Re: How would you proceed?--car accident

Post by spitty » Thu Nov 01, 2018 6:52 am

Since he was irate, he probably thinks you sped up to prevent him from getting in your lane to make his turn; this will be his only defense. So his company will take on the "no fault" fight with your side. Depends on rules and regs in your area of course. Will be interesting to see how it turns out so let us know.
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MnyGrl
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Re: How would you proceed?--car accident

Post by MnyGrl » Thu Nov 01, 2018 8:23 am

Kenkat wrote:
Wed Oct 31, 2018 6:40 pm
Did the police cite the other driver? In Ohio, police will typically issue a citation to the driver they consider at fault if it is clear from the accident scene. This is good ammunition in a dispute.
This was in Virginia--the police said that they only do an official report if there is a certain amount of damage or if there are injuries.

I Googled the guy and he is the owner of the company, but the company has only been in business for a few months. He is from another state.

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Re: How would you proceed?--car accident

Post by jadd806 » Thu Nov 01, 2018 9:01 am

spitty wrote:
Thu Nov 01, 2018 6:52 am
Since he was irate, he probably thinks you sped up to prevent him from getting in your lane to make his turn; this will be his only defense. So his company will take on the "no fault" fight with your side. Depends on rules and regs in your area of course. Will be interesting to see how it turns out so let us know.
If the other driver was intent on lying he would likely say that OP was distracted and drifted into his lane. Sounds like a commercial driver so he probably knows enough about the rules of the road to lie effectively in this situation if he chose to. But the location of the damage in his truck's blind spot combined with the OP's photos should shut that down quickly.

Speeding up to block a merge is not illegal in any state that I am aware of. It is the responsibility of merging traffic to do so safely. You have the right of way when continuing straight in your lane of travel and are not required to facilitate the merges of other vehicles regardless of how long they've had their blinker on, how important they seem to think they are or whether their lane ends directly into a concrete barrier.

I highly doubt claiming his merge was blocked would lead to a no fault case, since merging traffic never has the right of way this is equivalent to admitting to "failure to yield" which means the other driver is 100% at fault.

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MnyGrl
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Re: How would you proceed?--car accident

Post by MnyGrl » Thu Nov 01, 2018 9:31 am

jadd806 wrote:
Thu Nov 01, 2018 9:01 am
spitty wrote:
Thu Nov 01, 2018 6:52 am
Since he was irate, he probably thinks you sped up to prevent him from getting in your lane to make his turn; this will be his only defense. So his company will take on the "no fault" fight with your side. Depends on rules and regs in your area of course. Will be interesting to see how it turns out so let us know.
If the other driver was intent on lying he would likely say that OP was distracted and drifted into his lane. Sounds like a commercial driver so he probably knows enough about the rules of the road to lie effectively in this situation if he chose to. But the location of the damage in his truck's blind spot combined with the OP's photos should shut that down quickly.

Speeding up to block a merge is not illegal in any state that I am aware of. It is the responsibility of merging traffic to do so safely. You have the right of way when continuing straight in your lane of travel and are not required to facilitate the merges of other vehicles regardless of how long they've had their blinker on, how important they seem to think they are or whether their lane ends directly into a concrete barrier.

I highly doubt claiming his merge was blocked would lead to a no fault case, since merging traffic never has the right of way this is equivalent to admitting to "failure to yield" which means the other driver is 100% at fault.
Thanks so much, I didn't know this! He tried to argue that he had his turn signal on to let me know he was trying to merge (he didn't), but I didn't know the law about merging.

Both insurance company reps asked questions related to distraction (was I on phone, etc.). I wasn't and take that road every day home from work.

setancre
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Re: How would you proceed?--car accident

Post by setancre » Thu Nov 01, 2018 9:41 am

I would also double-check your state laws regarding passing on the right. The commercial driver might argue that you were trying to pass him on the right side, and you were in his blind spot while he was trying to get over to the right lane since he was the slower moving vehicle. I don't know if that would impact liability, but I would double-check your state laws in case it might be relevant, so you have time to prepare a counter-argument.

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Re: How would you proceed?--car accident

Post by FlyAF » Thu Nov 01, 2018 9:43 am

I can already tell you how this is going to end, had a similar thing happen. His insurance will claim no fault and since there is so little damage, your insurance won't try and fight it and will cut you a check for the damage minus your deductible. $1,000 in damage - $500 deductible = $500 check for you and $500 out of pocket to fix damage. It sucks that it was clearly his fault (same thing in my case), but it's just not worth it for your insurance to pursue it.

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Re: How would you proceed?--car accident

Post by Jack FFR1846 » Thu Nov 01, 2018 9:48 am

1) Dash cam.

2) In the police report, there is usually a check box for "injury". If I'm hit, my feelings were injured, thus I would always check the box. This pretty much insures you'll have a check in miliseconds with the requisite disclaimer for any further claims when you sign the check.
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spitty
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Re: How would you proceed?--car accident

Post by spitty » Thu Nov 01, 2018 9:50 am

jadd806 wrote:
Thu Nov 01, 2018 9:01 am
spitty wrote:
Thu Nov 01, 2018 6:52 am
Since he was irate, he probably thinks you sped up to prevent him from getting in your lane to make his turn; this will be his only defense. So his company will take on the "no fault" fight with your side. Depends on rules and regs in your area of course. Will be interesting to see how it turns out so let us know.
If the other driver was intent on lying he would likely say that OP was distracted and drifted into his lane. Sounds like a commercial driver so he probably knows enough about the rules of the road to lie effectively in this situation if he chose to. But the location of the damage in his truck's blind spot combined with the OP's photos should shut that down quickly.

Speeding up to block a merge is not illegal in any state that I am aware of. It is the responsibility of merging traffic to do so safely. You have the right of way when continuing straight in your lane of travel and are not required to facilitate the merges of other vehicles regardless of how long they've had their blinker on, how important they seem to think they are or whether their lane ends directly into a concrete barrier.

I highly doubt claiming his merge was blocked would lead to a no fault case, since merging traffic never has the right of way this is equivalent to admitting to "failure to yield" which means the other driver is 100% at fault.
Very informative...thanks for posting!
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bighatnocattle41
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Re: How would you proceed?--car accident

Post by bighatnocattle41 » Sun Nov 11, 2018 11:46 pm

I was involved in a car accident back on 5/25/2018. My husband was not at fault, the other driver was. We called AAA (the other parties insurance) and received the claim info. We submitted all our bills. AAA repaired our car. They however are going very slow in regards to my husbands hand injury. The bills are coming in. We have paid some of them and my husbands health plan has picked up many of them too. We paid a lot in deductibles. Is there a statue of limitation in TX that we have to worry about? Should we get a lawyer now and not wait for the 3rd party insurance? Is this normal wait time? Why does it take so long to process the claim?
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