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I was hit (car accident) by a moron, now what?

So this morning I was side swiped literally in front of my house less then 2 minutes after leaving. I pulled onto my street just as the kindergarten bus was stopping to let a little girl off, so lights flashing red, stop sign out, I stopped. I had been stopped for 10-15 seconds already when a truck came around the corner of our neighborhood, way too fast, and apparently thought I was just parked on the curb or something. Instead of stopping for the bus, he tried to go around me and turn make a right hand turn onto a side street, but he turned too close to my car and side swiped my right front end. Then, after realizing he'd hit me, backed up and did more damage. There was a huge dent in his truck, and my front end. He decided he needed to call the police, instead of just exchanging information. 2.5 hours later (yes, 2.5) the cops FINALLY showed up. However, because we gave conflicting stories (the guy is saying i lifted my foot off the brake and hit him) they cited no one. The police told me they would call in the morning with the info needed to obtain the report they will file, and then we both would make an insurance claim and let them decide who's at fault. I had witness statements from both the bus driver and parent who was picking up their child, stating I was stopped for the bus before he even entered the street, and he ran flashing red lights. I also have video/pictures of the damage. What do I do with this information? Do I submit to my insurance company, or the police? I don't want to get blamed for this, because it clearly was not my fault. I'm really irritated he wasn't cited. Since the police took conflicting statements what;s going to happen? I've never been involved in an accident so I have no idea what actions to take here to avoid being at fault and taking the hit financially.

 
ba13ygrl1987

Asked by ba13ygrl1987 at 5:30 PM on Mar. 3, 2011 in Just for Fun

Level 19 (7,805 Credits)
This question is closed.
Answers (8)
  • One if there were two people saying he ran flashing bus lights I can't believe they didn't at least site him for that. I would keep the info you have and ask the police if they want the info when they call tomorrow (or you call them because they haven't called). Likely since the cops are leaving it up to the insurance companies the insurance will want the info. As for what is going to happen that is hard to say, but likely what will happen is your insurance will pay to have your car fixed and they other guys will pay to have his fixed and then they will fight it out with each other and decide if either needs to pay the other insurance company back. You would probably get a letter letting you know what happens in the end, but it could be years from now that they finally agree on that. Now that is if the other guy had insurance. If he didn't then it could get interesting. Good luck and I hope everyone is okay.
    aeneva

    Answer by aeneva at 5:39 PM on Mar. 3, 2011

  • Make sure you have contact info for both of the witnesses so that way you can give that to both the police AND the insurance company. Same with the pictures.
    It's better to cover all of your bases and give them more information than they might need rather than not enough info and risk not getting what you're entitled to.

    Laila-May

    Answer by Laila-May at 5:37 PM on Mar. 3, 2011

  • Submit it to the insurance company. This is what they are paid to do. They will do everything to get the blame on the other guy so that he will be responsible for the damage to both your car and his.
    tootoobusy

    Answer by tootoobusy at 5:37 PM on Mar. 3, 2011

  • You'll have to pay your deductible if you want your car fixed, it doesn't matter whose fault it was.

    Depending on the laws of your state you may be able to sue him for your portion of the deductible and lost wages if it caused you to miss work but it sounds like a judegment in your favor would be unlikely since it's just one person's word again another. Unless you've got a witness a picture of the damage doesn't really mean anything.
    UpSheRises

    Answer by UpSheRises at 5:36 PM on Mar. 3, 2011

  • You need to call your insurance company, yes. It's something that needs to happen as soon as you're in an accident. They will help you out.
    gdiamante

    Answer by gdiamante at 5:36 PM on Mar. 3, 2011

  • UpSheRises: I have 2 witnesses and their statements. One from the bus driving stating he saw me stopped, the lights were red and flashing, and he actually saw the truck hit me. The other statement is from the parent who was getting his daughter off the bus, he stated he saw me stopped there before a truck was even present, and saw the truck run the bus lights. He heard the accident, but did not specifically see who hit who. But both gave statements to me with their names, addresses and phone numbers, so I'll submit those to the insurance and ask the police when they call if they want them.
    My next question, do I have to claim the damage on my car? It's all cosmetic and I'd rather just leave it alone, because it's a spare car that we keep only the state minimum on, I have a much better car getting its alternator fixed. I'd rather just leave the damage because the cars a POS anyways.
    ba13ygrl1987

    Comment by ba13ygrl1987 (original poster) at 5:48 PM on Mar. 3, 2011

  • You can let the damage go... although if it's determined (as should be) that you were NOT at fault then the other driver's insurance would have to pay for the repair. (In fact, state minimum on your insurance probably doesn't handle comp/collision.)

    You might want that repair work done should you ever try to sell the car. You have to let a buyer know it's been in an accident, but it doesn't have to LOOK that way. Better to do that n the other guy's dime.
    gdiamante

    Answer by gdiamante at 5:57 PM on Mar. 3, 2011

  • Thanks ladies, everything was super helpful! I know nothing when it comes to cars/insurance/accidents. I feel a little more enlightened now :)
    ba13ygrl1987

    Comment by ba13ygrl1987 (original poster) at 6:58 PM on Mar. 3, 2011