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question about accident

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landlord51

Member
No - no video of the event - but I will respectfully disagree. The pictures of the damage show evidence to only one scenario: I was driving along in my right lane. The other driver was in the left, fast lane and started changing lanes but whoops there was a car there. Either driving too fast or was distracted or impaired (or "daydreaming" apparently - the cop speculated - daydreaming, switching lanes and going 55+ mph). An alert driver would not have made this mistake. The right front passenger side of his car is where my paint is scraped off. If I was the one attempting a lane change (which he only tried to peg on me for a second and then backtracked) it would be impossible for for me to get a dent of that size on my side like that- impossible. Also - I know it's my word against any else's but I am not a lane changer like that. There were no vehicles in front of me so no one to pass if I wanted to - just driving along in my lane and got rammed by a truck.
 


Zigner

Zigner

Senior Member, Non-Attorney
landlord51 said:
No - no video of the event - but I will respectfully disagree. The pictures of the damage show evidence to only one scenario: I was driving along in my right lane. The other driver was in the left, fast lane and started changing lanes but whoops there was a car there. Either driving too fast or was distracted or impaired (or "daydreaming" apparently - the cop speculated - daydreaming, switching lanes and going 55+ mph). An alert driver would not have made this mistake. The right front passenger side of his car is where my paint is scraped off. If I was the one attempting a lane change (which he only tried to peg on me for a second and then backtracked) it would be impossible for for me to get a dent of that size on my side like that- impossible. Also - I know it's my word against any else's but I am not a lane changer like that. There were no vehicles in front of me so no one to pass if I wanted to - just driving along in my lane and got rammed by a truck.
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Ahh, I am sure that, with your expert knowledge of accident reconstruction, you will be able to prove this scenario, right?

Don't bother answering - it's a rhetorical question. The simple fact of the matter is that this was an ACCIDENT and your insurance company will handle it.
 
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landlord51

Member
HighwayMan
Originally Posted by landlord51
He has almost ZERO damage because of course he hit me.
That's totally ridiculous and not true.
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You are most ridiculous - is it possible to post a picture here?

BTW- based on your tone and your tone to other posts on this forum I'd rather not engage with you. You seem bitter and only interested in personal attacks for no other reason. i have no agenda here other than ask some legal questions about an accident. At this point you just sound vindictive. I'm sorry if you had a bad weekend, mine wasn't so great either.
 
Zigner

Zigner

Senior Member, Non-Attorney
The simple fact of the matter is that this was an ACCIDENT and your insurance company will handle it.
 
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landlord51

Member
If you do not realize that there are always blind spots then you need a lot more driving experience.
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Really? I've been driving for over 25 years - have NO tickets - NONE in 25 years. How is your driving record, Highway Guy?
 
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landlord51

Member
Good question, you'll have to ask the person who tried to make the link in the first place. It's not helpful when you only pull the quote from the answer and not the question.
 
Zigner

Zigner

Senior Member, Non-Attorney
landlord51 said:
Good question, you'll have to ask the person who tried to make the link in the first place. It's not helpful when you only pull the quote from the answer and not the question.
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Funny - that person would be you.

landlord51 said:
...I was in his 'blind spot.' (I thought you could see better in those things?)
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Seriously - it was an ACCIDENT. Your insurance company will handle it.
 
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ecmst12

Senior Member
That you have a good driving record indicates you probably are aware of where your blind spots are and behave accordingly. Bully for you. It doesn't mean you will never cause an accident and it doesn't mean that the other guy's insurance company will be able to believe your story over his, when they are contractually obligated to defend their insured in the absence of clear, objective evidence of guilt (which the damage alone is not enough, I don't care how obvious you think it looks, it's not). The adjuster may believe you even, but they won't be able to pay your claim in a word-vs-word situation. It was one of the things I disliked about working as an adjuster.
 
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landlord51

Member
okay - just to be clear (I feel like I took the bait on this one - you win) - but there was a suggestion that understanding blind spots comes with experience - I responded by saying that I do have experience - a clean record (clearer than most - okay - bully for me - whatever) - not to say I'm immune to accidents - but that if I am driving in a right hand lane and someone is recklessly weaving at high speeds around cars (daydreaming or impaired or distracted as was suggested by the police - not me) and somehow is unable to see me in my right lane - doesn't matter about my 'knowledge' on blind spots at that point - whether I was driving for one day or 25 years - a blind spot is not an excuse for making a high speed lane change - and my knowledge or lack of it wouldn't save me from a maniac who drives like that. An alert driver could absolutely avoid a collision.

Yup - it was an accident. Correct - but a totally avoidable one.

I'll follow up on this for sure - I'll let you know if his insurance agrees it was totally his fault based on the police report and my pictures - well see....but it may take a few days or a week. But I'll follow up.
 
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landlord51

Member
Yes, and it's an accident when a drunk hits you, or when someone is text messaging hits you, or if someone is on drugs hits you. They are all "accidents," aren't they?
 
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ecmst12

Senior Member
It is an accident unless someone INTENTIONALLY crashes into someone/something. And in those rare cases, it becomes a crime and an entirely different situation (because liability insurance only covers accidents, not intentional actions).

Curious, did you actually SEE him weaving in and out of lanes prior to the accident? Did anyone else see it? Were there any witnesses that spoke with the police at the scene? Or are you assuming he was driving recklessly just because he hit you?
 
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