| mitsubitchy |
So.... the other day this woman didnt see me while changing lanes... so I was forced to avoid the crash by climbing a curb and going on a sidewalk... Although it doesnt matter much cause the lady is paying for the damages (just damaged rim).
Just wanted to know if insurance would cover any of this cause my friend said like its better to crash then to avoid a crash... |
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| newaccorddriver |
| im not sure how the insurance companies would view that, but if you didnt try and avoid an accident, wouldnt they be able to get you for that? |
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| TrevorK |
I've always been told that if someone is going to hit you, and you swerve to avoid that you are still responsible for the damages to your vehicle because you are always supposed to be in control in the eyes of the insurance company.
Now, in the eyes of a civil court I think you'd stand a better chance. But with insurance companies you'd have a tough battle. |
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| JonJonPoPong |
Is she really going to pay for that?
Damn your lucky, most people would of told you to fuck off, regardless of if its thier fault or not.
A damanged rim is better then body damage though. |
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| GT34 |
yeah, insurance will see the accident on paper. Although she technically caused the accident, you we're the one who was driving that did the damage. What if there was a kid playing (in the middle of winter) on the sidewalk and you hit the kid to avoid the accident?
There is so much enphasis on accident prevention, but if the other party's at fault, why try and help avoid their problem. They're the one's causing the accident, so for insurance purposes, make sure it happens that way. |
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| mitsubitchy |
| Well... I avoided the accident cause of course nobody would like their car to be really damaged... My car is fairly new (2004 celica) just got it like 3 months ago. So if i ended up crashing, my whole drivers corner woulda been messed bad.. and the lady was driving a jeep cherokee as well, and as you know the celicas are practically hollow and so it would crumple so bad. |
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| bam88 |
| ya if you did hit her u have to remember that your insurance would of gone up. so since i am a 17 year old driver i would rather avoid cuz i am already payin 3800 a year. already have had to avoid 2 guys this winter, one damaged rim, second this morning and almost ripped off my bumper. neither of them stopped. |
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| GOT BOOST |
quote:
Originally posted by mitsubitchy
So.... the other day this woman didnt see me while changing lanes... so I was forced to avoid the crash by climbing a curb and going on a sidewalk... Although it doesnt matter much cause the lady is paying for the damages (just damaged rim).
Just wanted to know if insurance would cover any of this cause my friend said like its better to crash then to avoid a crash...
Hi Mitsubitchy,
As others have said, you are lucky she has stopped and offered to pay for the damages. Most people are not that honest. She still has the opprotunity to turn this on you and not pay anything. If you do not have witnesses and she does this, you are out of luck. She could easily say that she saw you crash, offered to help out, but denied offering to pay for the rim.
My theory is this. The insurance companies usually want someone to go after. You need to prove to them, that the collision was not your fault. Ie) A dog walked on the road, you swerved and hit a tree. In your mind, you are fine. As for their perspective, no dog it is your fault.
If it was me, and I did not have room to safely manouver in my lane, I would have let the deadbeat hit me, or come real close to her doors and blast my horn. Afterall, I get new paint and parts at his expense.
Not too sure on the insurance claim. Best you speak with your insurance co.
Mike |
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| mitsubitchy |
| Hmmmmmm maybe some of you misunderstood... This was right before high level bridge in HEAVY traffic, so no person could of just ran away. It was I that was just going straight, while this woman changed lanes at the last minute while being able to see my car. I would probably guess that I was in her blind spot cause she was in a jeep cherokee. Dont see any part in being my fault cause i was just going straight and avoided cause I dont want to damage my front end instead and wait for my car to be fixed... |
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| GOT BOOST |
quote:
Originally posted by mitsubitchy
Hmmmmmm maybe some of you misunderstood... This was right before high level bridge in HEAVY traffic, so no person could of just ran away. It was I that was just going straight, while this woman changed lanes at the last minute while being able to see my car. I would probably guess that I was in her blind spot cause she was in a jeep cherokee. Dont see any part in being my fault cause i was just going straight and avoided cause I dont want to damage my front end instead and wait for my car to be fixed...
Hi mitsubitchy,
I understood you correctly. The location nor the conditions were not disclosed. We were making a few assumptions based on a lack of information.
Anyways, the person could still run. No witnesses, no licence plate at the scene, you are done. No damage to their car, you need to prove they did it. If they deny it, it is your word agains theirs. Like it or not, that is how the cookie crumbles.
How do we know there was really another person and you did not slip on some ice and hit the curb? See where I am going. These are the things the insurance co will be questioning.
I do not think you will have an issue with the other lady as she appears to be honest, but apperances can be missleading.
Also you need to look at your deductibles. Is it worth while for putting a claim on a rim?
Anyways is she said she is going to pay for it, why involve your insurance co? It is her co, or her pocket book you are going to deal with.
You were fortunate that only your rim was damaged and you did not hit a pedestrian, bus stop, pole, or bridge.
Mike |
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| mitsubitchy |
Yep, meeting with her tonight to get it all paid for, so it doesn't matter.
Just wanted to know this in case it happens again, so ill probably just go and crash into the person instead in the future haha... |
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| GOT BOOST |
quote:
Originally posted by mitsubitchy
Yep, meeting with her tonight to get it all paid for, so it doesn't matter.
Just wanted to know this in case it happens again, so ill probably just go and crash into the person instead in the future haha...
Hi mitsubitchy,
One last word of advice. Get cash or a money order or draft (depending on the amount of payment). I would be hesitant on accepting a personal cheque as you do not know if it is good or not. It can take up to a week to clear her account. She will more than likely ask you to sign a waiver releasing you of anyfurther property or bodily damage to you and your car. I would suspect that she may have researched this quite a bit. Go with a friend as a witness to verify you recieved your payment and to sign the form if need be.
Hope that helps,
Mike |
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| SilverNeonRacer |
Just a comparison for you, I was run off the road a few years back, well I was in the left lane going around the 142st exit from westbound yellowhead traffic, guy int he right lane moved tot he left lane over top of me, I swirved, missed him, but it came to a corner and I didn't manage to recover in time, slammed into the curb(yes it was winter) Buggered 2 rims, destoried the drivers side suspension/hubs.cross members etc,e tc.
The other guy didn't stick around, I had a vehicle description and a partial plate #, cops filed it as a hit and run, my insurance paid for it out of my comp.
Sooo...if she does back out and you want to claim it, thats what will probably happen.
And actually similar thing happened to my wife with her car, some punk driving with a 1ft circle of clear windshield did what the lady did to you, my wife went up on the curb and avoided. cept the punks didn't stop, I got a call from my wife telling me what happened, what the car looked like, I found a similar car, call her she ID's it, I blocked it in and called the cops.
The punks father turned out to be a local bussiness man who always preaches on about good driving, so he ended up buying her a new rim, and paid to have her rubber transfered over.
So as you can see it happens both ways. |
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