Was in an accident

[aarkwilde]

In California.

I was in an accident this weekend. A woman in a white SUV merged into my lane without looking or signaling (I was in her blind spot, I guess) and bumped into me. There are a couple of paint scrapes on my finder, but nothing major (saturn's are good for this). However, the nudge pushed me partway into the next lane. A car (Toyota with three people) in the fast lane was apparently speeding, fishtailed and lost control, hit my left front bumper as they went past and spun out of control. They hit a retaining wall and stopped.

I stopped, helped (no one was apparently injured, they were out of the car and talking. Possible bruises, but seemed ok) and called 911. The SUV that bumped me out of my lane did not stop.

The CHP officer examined my car, noted the paint on the front right bumper and the damaged front left bumper. As my car was drivable, after taking down information from my license, registration and insurance card he told me I was free to go. The Toyota and it's occupents were still there, I didn't see them leave.

I made the report to my insurance company, but this morning received a call from the Toyota's insurance company asking for more information. I took his name and number and gave it to my insurance agent.

Since the other car didn't stop I have a feeling they're going to go after my insurance policy for the damage to their car. Also, as I didn't see them leave I'm now considering the possibility that they went to a hospital by ambulance for any injuries, though they seemed fine when I left.

What should I do? I didn't cause the accident and it wasn't avoidable (I wasn't speeding and there was plenty of space between myself and the car in front of me) but as the SUV left will they come after me?

I need advice.

 

[ohfiddle]

*edited since the other driver apparently does have insurance **

Aark,

Unless some quick thinker got the license number of the SUV that hit you, looks like that driver may get off scot free.

Several things could happen. The other driver may have seen the SUV sideswipe you. They may present a claim to their own insurance company, and if they have no serious injuries, just get the damage repaired and their medical bills paid. Or they could figure - well, we have this guy's name and number, a bird in the hand is worth two in the bush, and they may submit a claim to your insurance, or maybe go straight to lawsuit.

The paint transfer on your vehicle will help you. Get it photographed and documented. Sounds like the traffic collision report will also document that. Did anyone else stop, any witnesses who can verify your story?

Good luck.

 

[aarkwilde]

No one has come forward as a witness yet. Traffic was heavy but I was the only person who stopped (which I found suprising given the severity of the accident).

This is the first time I've been in a serious accident, and I wasn't thinking about liability at the time. I knew I had been bumped and it wasn't my fault. I was just happy no one had been hurt. Damage to my car was minimal considering the high speed the Toyota was travelling, and though their car was totalled they told me they were ok.

I have a bad feeling about all this now. I'll get photographs as soon as I get home.

 

[spawn_x]

serves you right for letting the other driver get away.

i see your kindness will make you pay, no offence. next time care more about yourself than someone else.

If they come after you - present pictures of the paint of the vehicle that hit you on the side and state that you have been hit however you stopped because you wanted to call 911.

don't be surprised though if you're found at fault.

 

[ohfiddle]

Aark,

In my opinion, you handled the situation as best you could, and were right to pull over at the scene. You may be found at fault, but you have insurance coverage that will take care of it. It will be a hassle but would it have been better to take off after the SUV that hit you? And do what, run them down? Maybe cause another accident?

I have worked in civil litigation for years and have seenmany different kinds of accidents-turned-lawsuits, but the one that I'll never forget is when an employee of an auto body shop was driving one of their customer's vehicles from the paint shop back to the body shop. A truck tapped his rear bumper, then took off. The driver sped after him and got caught up in the chase, weaving in and out of traffic. It ended up in a 5 car collision, and resulted in the death of two innocent children and their mother. leaving a third child severely injured and the father to raise him alone. Was the stupid fender bender worth it? Hell no! So look at the big scheme of things, be thankful no one was seriously injured and that you have insurance coverage if a claim is presented against you, and let your insurance carrier dispute your liability.

 

[aarkwilde]

ohfiddle:

You're right, and I appreciate your advice. It didn't even occur to me to not stop, and I was happy that no one was seriously injured.

I'm having problems letting it go; it feels like I'm being blamed for something I had no control over. But my insurance company is handling everything for me. No witnesses have come forward yet, and if they were going to do so it would have happened by now. I've documented everything I can with photographs.

Now it's a waiting thing, and I guess there isn't much I can do about that.

 

[spawn_x]

I'm having problems letting it go; it feels like I'm being blamed for something I had no control over.

You did have control over it.

Why do you have problems letting it go? It was your choice to stop, and you did.

 

[aarkwilde]

I didn't have a choice to stop. It would have been illegal to keep going, and I had a moral obligation to stop and help. The obligation would have been there even if I hadn't been involved.

As for having control over the accident, I've played it over and over in my head, and there isn't anything I could have done differently. I don't drive in people's blind spots intentionally, but it's sometimes unavoidable. They didn't look. They hit me. I was knocked into the next lane and the third car hit me. They spun out.

Life isn't Speed Racer. When someone bumps you on the freeway you don't grit your teeth and smash them back. You stop and look over the damage, make sure no one is hurt, and exchange information. If you witness a serious accident you stop and help.

 

[ohfiddle]

Aark - it's pretty normal not to be able to let it go just yet, as the accident happened only recently. Give it time, life has a way of forcing you to move onto the next thing