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What do I do? Car wreck--she told her insurance it was my fault, when it is ACTUALLY HER FAULT!!

I got in a car wreck today. I was driving along a straight road, I never turned or anything. I was in the right of way. There was a side street to my left, and she turned left into traffic, trying to go the direction I was going. Instead of turning into the middle lane, and waiting for me to pass, she came all the way into my lane, and we collided sides. We called the police and filed, etc etc. She kept telling the police she didn't know who's fault it was, because "neither one of us" was paying attention. Well, I was, and after she left, I told the police what REALLY happened. I honked at her and even slowed down before the wreck, because I didn't know if she was coming into my lane or the middle lane.

Afterwards, I came home, and my husband went to the insurance company, and said she had already filed with her insurance company and was filing for me to pay, since it was "my fault". What do I do? Illustration below!

 
srhmldndo

Asked by srhmldndo at 1:36 PM on Jun. 19, 2009 in Just for Fun

Level 4 (32 Credits)
This question is closed.
Answers (11)
  • I would not count on your insurance company doing what's in your best interest. THey are in it to make money and pay as little as possible. DO not trust them to do what's best for you-- get a lawyer!
    danielp

    Answer by danielp at 4:42 PM on Jun. 19, 2009

  • Photobucket
    srhmldndo

    Answer by srhmldndo at 1:37 PM on Jun. 19, 2009

  • Well what did the police say about it? Who's fault did THEY say it was? If they said it was her fault, or if it could not be determined then I would take that police report into the insurance company. I would explain what happened to the insurance company also if the police report isn't of help. You may have to end up taking her to court. Was there any witnesses of the accident that stopped and talked to the police?
    amy31308

    Answer by amy31308 at 1:39 PM on Jun. 19, 2009

  • The police decides who's fault is.
    louise2

    Answer by louise2 at 1:43 PM on Jun. 19, 2009

  • First if you are hurt AT ALL go to the Dr, I mean sore neck, small headache anything...get it documented. Also the police should have given you the report number, here they are available in a day or two, go get the report, and send copies of it (or give them the number so they can get copies of it) to your insurance company and her's. Take pictures of your car. I wouldn't talk to her insurance company at all except to say you are waiting on the report, and tell them your side of the story, dont get roped in to the whose fault it is, just the facts, you were driving straight, you got slammed into, the end. Dont put emotions into it or anything like that, they will use it against you if they decide to really fight it. If all else fails consult an attorney if it looks like thay are taking advantage of you, or arent going to pay, but I would wait till after you get the report, because an attorney is going to want a copy of that
    AK_aries

    Answer by AK_aries at 1:46 PM on Jun. 19, 2009

  • I was in a situation like this before, draw out what happend like write all the side side streets and the main road use as much details as you can, and then write everything down what happend and how it happend to the last detail and make sure you take pictures of your car like were it's been wrecked and take a picture of the area were the wreck happend, then fax a copy to her insurance and a copy to yours,there will be an investigation, it's a pain in the as* but you stick to your story and don't change any details cuz they record the conversation they have with you, it will be a pain in the as* it will take some time and nerves but if it's her foult then you will win and her insurance will have to pay.
    It don't matter that she filed first you just have to make sure you get all your details of what happend to her and your insurance a.s.a.p. just stay strong and good luck
    looovemybabies

    Answer by looovemybabies at 1:47 PM on Jun. 19, 2009

  • No there weren't any witnesses that stopped. I can't collect the police report until next weekend, because it takes 5 business days to process. But in the meantime, she is trying to make me pay. I'm not really sure what the police officer decided because she didn't tell either one of us.
    srhmldndo

    Answer by srhmldndo at 1:47 PM on Jun. 19, 2009

  • I don't know what state your in but the insurance companies usually decide whose fault it is with the help of the police reports. From what I see in the picture and from what I remember from driving school(years ago lol) the person driving straight on a road has the right of way not the person pulling out of a street, and SHE hit YOU. Usually when you hit someone else your responsible. Don't give her a dime and don't speak to her on the phone. You tell what happened and let the insurance companies hash it out, that's what you pay them for. You had the right of way, remember that! Good luck.
    Anonymous

    Answer by Anonymous at 1:55 PM on Jun. 19, 2009

  • I've had this sort of thing happen before. Relax. No money is going to come out of ANYONE'S pocket today.

    Talk to your insurance company. They are going to fight like hell to keep you from having to pay.

    We wre hit in a similar fashion some years ago, and the other driver pulled the same stunt. THEY ended up paying US. It took a few months to get it settled, but it was indeed settled.
    gdiamante

    Answer by gdiamante at 2:38 PM on Jun. 19, 2009

  • Get the police report and let your insurance company handle it. They have lawyers to handle this stuff. The police aren't as "stupid" as they sometimes look. (S)he can look at the accident site and tell who was were, when and why. I would write it all down while it is fresh so that you can refer back to those little details that we all forget. Go out and take pictures of the site and make detailed notes. That's what we did when a woman hit my son and tried to say it was his fault. Her insurance ended up paying but we referred to his notes several times.

    jesse123456

    Answer by jesse123456 at 2:39 PM on Jun. 19, 2009