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Car crashed into me!

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Thread replies: 16
Thread images: 8

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This asshole in my apartment complex completely fucked me up.

>I was pulling out of a parking space to make a left, not backing up since i reverse into the spot.
>stop to yeild to a car i see approaching quicly on my right
>clearly going faster than the 5mph limit posted in my apartment complex
>stop with enough room for two vehicles to pass in front of my hood.
>car smashes in to my right fender.

I know insurance says that the car pulling out is at fault but what if I stopped to give the car enough room to pass and then some but they still hit me?

I also have photos of his car and another car passing him on the right to show that he had more than enough room to avoid me but still ended up colliding with my car.

Do I have a chance of not putting the fault on me with my picture and the amount of damage on my car as my evidence?

Pic mostly unrelated except for expressing my rage.
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>>17248701
>I know insurance says that the car pulling out is at fault
I would think that wouldn't apply here since you weren't backing out. Him coming from your right means you had a much bigger visibility to see him coming.
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>>17248727
I really hope that's the case. I definitely saw him coming which is why i left him adequate room to pass in front of me and the picture I took proves that. It shows his car and a car passing on his right.

Any more input on this matter would be greatly appreciated. I need to calm my mind because I definitely cant afford for my premium to go up.

Driving a 2017 BRZ btw.
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>>17248939
>Driving a 2017 BRZ btw.
kek
rip in peace your premium
>>
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Don't ever admit fault in an auto accident, even if you're at fault. Insurance companies look for the path of least resistance, they don't like messy debates and lawyers/paralegals getting involved.

Did you call the police? If they do an investigation, you will all be required to give sworn statements. Trust me when I tell you that people shape up and are 100x more likely to tell the truth when they know police are involved.

Source: I'm a Propety Claims Adjuster for big evil insurance company, so people lie to me all day long.
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>>17248960
thanks for the the advice. I called the non-emergency line when it happened and they told me that since it happened in the parking lot of an apartment residence, they would not send over a police officer.

Also the other guy's insurance keeps trying to call me but I told them I was at work, which i am. Wont speak to them until I can give my official statement to my insurance.
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>>17249214

You don't need to speak with his insurance company at all.

DO NOT SPEAK TO THEM, EVER.

Your insurance company will deal with them for you, it's part of our job. We NEVER ask a customer to deal with the other person's insurance company.

The fact that the other person's insurer is even trying to contact you is pretty fucking greasy. They should know better than that. I'd be surprised if they actually were his insurance company at all.
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>>17249535
Thanks. I'll leave them hanging the next time they try to contact me tomorrow.

Is there such thing as a black box in a car or can they pull the guys speed from their ecu at the time that impact was made?

Again I really dont want to pay out of pocket for this or have my premium go any higher than it already is.

Also with what i've told you and explained on this thread, do you think I have a decent chance of winning the case and not taking the fault?

The guy was Mexican and could hardly speak a lick of English btw. Thanks again for all your input anon.
>>
As someone who also works in insurance, specifically as a claims adjuster for a damn AUTO insurance company, this other fag is dead wrong.

There is never anything wrong with giving a statement to the other company unless you are lying, which you shouldn't fucking need to do in this case. Yes, they are going to side with their customer's version of the story, but they won't even know your version unless you give it to them. Plus, it sounds like you have reasonably convincing evidence that what happened was not your fault.

Remember, you would ideally have the other guy's insurance accept liability and offer to repair your car. You should go ahead and notify your insurance company (you are required to per your policy agreement), but they will probably tell you to call the other carrier and try to file through them.

If your car was stopped and the other guy had time to stop or go around you, the accident is 100% his fault and the other company will fix your car unless the asshole lies through his teeth.
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>>17249585
>>17248960
it occurred to me that I'm an idiot and that by property damage claims you probably meant that you also work in auto insurance.

curious what legal shithole states/countries you write in that would account for such distrust of other carriers. I take statements from 3rd parties all day long that were run into by our policyholders and we happily fix their shit.
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>>17249579

1.) The estimatics guys have tools that use OBDII data, but the level of detail varies from one car to another. Some will only trigger a backup when safety measures are deployed (i.e. it creates a block file when the airbags go off, or the car rolls, or there's a huge rear impact, etc.)

If it's just a fender bender (i.e. cosmetic damage), there's probably nothing logged in the car's computer.

DASH CAMERAS are your best friend these days, especially ones with GPS. They can keep an on-screen record of your location and speed.

It's hard to say because if your story conflicts with his story, and in the absence of any witnesses/video evidence, they may decide on a 50/50 fault. You'd each have to pay your deductibles, but it won't have quite the same impact on premiums. Again, depending on your carrier and specific policy, it may not affect your premiums. Underwriting looks at a lot of stuff when your policy is renewed, and while claims history is a big component, they also consider your entire record (i.e. were you charged by police for the accident, any speeding tickets, etc.).

You have nothing to lose by fighting it. Just figure out your story and maintain it 100%, do not change once you've given your statement to the insurance company. DO NOT say things like "I think" or "probably". Make assertions, and stand by them.

>>17249585

I worked as an auto adjuster for 2 years before moving to property, but thanks for the rage.

If there's two people with nothing but their own testimony to back it up, it's really up to the estimatics team and adjusters to decide who is at fault.

As for this advice:

>There is never anything wrong with giving a statement to the other company unless you are lying

Regardless, he has no obligation or need to do this. His carrier will do this for him, you would know that if you were actually an adjuster. Unless you work for one of those shitty dollar-policy companies that are trained to jew people left and right.
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>>17249648

We actually look out for our customers, which is why we tell them not to talk to the other insurance company or admit fault at any time. They give their statement to us, and we work with the other insurance company to figure out how it will be handled. That way we have ONE testimony from our client, without ANY discrepancies.

I've dealt with other companies who claim they have statements/video recordings from our clients. Nine times out of ten they're full of half-truths or don't align with what we've been told.

Our job is not to fuck our customers, it's to watch out for them. They don't need to talk to the people who are trying to get them to pay for the accident.

As for which company I work for, I'll give you a hint but I'm not telling you outright:

We have policyholders in all 50 states, and 3 provinces in Canada.
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It's not an obligation, he just isn't doing himself any favors by not telling the other carrier's adjuster what happened. His insurance company will provide whatever facts of loss he reports to them, sure, but only if he files through first party coverage and lets them subrogate.

Specifics depend on your company and your policy, but this could be a straightforward claim if there are photographs showing the vehicle's positions after the impact, and/or the other driver admits to running into a stopped car. What is the drawback to providing a statement? If liability is disputed it's going to end up in arbitration anyway.
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>>17249696
>It's not an obligation, he just isn't doing himself any favors by not telling the other carrier's adjuster what happened.

The exact opposite is true. The drawback to providing a statement to a company that benefits from YOU being at fault is that they'll be asking specific questions. Questions designed to get you to admit fault.

I've dealt with some of these shitty companies before, the adjusters are slimy as fuck. They get kickbacks for every claim they deny/ward off. It's in their interest to get any information they can early on, ESPECIALLY if it ends up in dispute later on.

OP should be speaking with his insurance company first and foremost. If he talks to some shady fuck from ScumBag Insurance Co., he does so at his own peril. If the guy who hit his car is some illiterate spic who rams into parked cars, you really think he's going to admit liability?

Also your post reads like someone who just read an insurance how-to booklet. Is this your first week on the job or something?
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Kickbacks for denying claims? I have never heard of that. We just handle claims, and let underwriting and pricing control the loss ratio.

We ask the same questions of everyone, insured or claimant, since we want to know if we owe for a loss or not. It's not like we want to see things go to arb unnecessarily, or encourage people to hire lawyers over minor traffic accidents.

I've been doing this over a year, but only at one company. Maybe it's done differently elsewhere, but I've had lots of claimants tell me that their insurance company told them to call us, which is why your attitude seems strange.
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So i could say that as i was turning left out of the spot and saw him on my right and i stopped for him to let him pass and all he has to say is that i suddenly pulled out in front of him and so he hit me and instantly we have a 50/50 fault?

I have pictures that show that where the collision happened, he was in the middle of the street and not to the right side where he should have been. Which is also why im saying that if he just was in his "lane"(there arent painted lines separating the two sides of traffic) he could have avoided my car. Also at 5mph, which he was definitely going fater than, he should have had more time to stop.

Wouldn't the level of damage to my fender be enough to prove that he was moving fast?

Again sorry if im repeating myself bit im really frustrated. Ive been riding a motorcycle for 2+ years daily until i got my BRZ without getting into any accidents all thanks to my defensive riding. It sucks because those skills stuck with me and im looking at paying a 2500 deductable because some Mexican decided to speed through my apartment complex and hit me.
Thread posts: 16
Thread images: 8


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