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Car Accident Stressing Me Out

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Original poster
Apr 10, 2007
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OK well ill try to explain the accident without using the real names of the streets.

I was heading west on main st and came to a stop at the intersection of main and washington ave, its a four way stop. So I wait till im clear then I go ahead on my way through, I noticed the other car slowing down and it looked like it was coming to a stop heading south on washington, then when im a little more than half way through I look to the left and see the headlights of the other persons car then BAM, im heading towards the curb but I straighten it out and make a u turn and pull up next to her and tell her to pull into the parking lot next to the accident (she had her cell phone in her hand, im not sure if she pulled it out right after the accident or before).

First I wasn't even worried, she said she didn't see my car because it was dark and my car was black (even though I had my head lights on), but I was happy that she taking responsibility for it at least so it seemed like it would be smooth. The cop arrives and takes our stories, but he takes us to the side to get each story so I don't know what she said. Then today I get a call from her insurance and now she is saying that I didn't stop! And her insurance is saying that it will most likely be split between us 60/40 or 50/50 or something like that.

Now im getting freaked out, I am a very very cautious driver to the point where my friends even joke about it at times, and now her insurance is saying that I might be considered liable too.

Does anyone have experience with this stuff before? Is her insurance just trying to play mental games with me or something? I mean the damage doesn't even match what she says, my car is just smashed in from the back door on the passenger side to back tire, and its not like a swipe.

I would post pictures but im worried that I could get in trouble for posting that stuff when the case is still open.
 
Talk to your insurance company, they will be the ones that will be fighting on your behalf. What her insurance company says doesn't matter, they will try to intimidate you into paying even if you're in the clear.

Moving the accident (unless where required) isn't the best of ideas, it makes it more difficult to reconstruct the accident (i.e. What speed you were traveling at, what speed the other driver was traveling at).

I was almost sideswiped by some asswipe on his phone today too, at 70MPH by him in his full-sized truck.

Your insurance company will probably be able to take care of it, don't be too worried by the intimidation.
 
Aea said:
Talk to your insurance company, they will be the ones that will be fighting on your behalf. What her insurance company says doesn't matter, they will try to intimidate you into paying even if you're in the clear.

Moving the accident (unless where required) isn't the best of ideas, it makes it more difficult to reconstruct the accident (i.e. What speed you were traveling at, what speed the other driver was traveling at).

I was almost sideswiped by some asswipe on his phone today too, at 70MPH by him in his full-sized truck.

Your insurance company will probably be able to take care of it, don't be too worried by the intimidation.
Click to expand...

I didn't want to move it, after the impact I stopped as fast as I could and came to a rest in the crosswalk, she took off through the intersection and pulled over down the street so I made a U-turn because I was worried she would take off.

First thing I did was contact my insurance company, I contacted them even before the police arrived. I would have liked to stay right there, surely it would have gotten the police there pretty fast when the traffic started to back up (on one corner of the intersection is a super wal*mart and im in southern california, so you can imagine how busy the intersection is).

She has Allstate btw, I heard they are real pain in the asses when it comes to getting them to pay for anything.
 
Aea said:
If it's a busy intersection changes are there was a camera pointing at the scene.
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Wow thats a great idea actually, im going to head down and see if there are any nearby cameras that could have caught it.
 
Earlier in the year someone from the USA explained to me what a "four way stop" is. Suffice to say I was shocked that there is no object like a roundabout in the middle. Your sort of accident must be pretty common.
 
neiltc13 said:
Earlier in the year someone from the USA explained to me what a "four way stop" is. Suffice to say I was shocked that there is no object like a roundabout in the middle. Your sort of accident must be pretty common.
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I hate roundabouts, seem more dangerous to me, but maybe thats just because we don't have many here and most people don't know what to do on them.
 
please tell me you called the police and had them get involved then you would have a police report. Other wise you need to file one.

In the state of Texas any accedent with over $1000 (most of them these days) requires a police report. If you do not call the police you will have to file your own.

Plus with a the police involved you do not get screwed when the other driver changes the story and try's to make it look like it is your fault.
 
belvdr said:
Or the left in the U.S. since the cars are coming from there. :)
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maybe i'm mis-understanding, but we drive on the same side as the US and you always give right of way to the vehicle on the right at 4 way stops...

to the OP, check with the city wrt traffic cams. they might have some pics or something. talk to your insurance company as well. type up your story and keep it. good luck.

btw, i would have snapped at the comment that she didn't see your vehicle b/c it's black. that's a load of BS b/c cars do have lights...
 
Roundabouts won't work since many of our streets are way too narrow (i.e. Residential Streets). I'm not sure they'd be a good idea elsewhere, too many drivers will go "OMG WTF" at seeing one :p
 
1) Don't speak to her insurance company- ask them to speak to your insurance company only. They'll try and trap you into admitting something or halfway admitting liability- if they call, be polite but firm- tell them to speak to your insurer.

2) Was there any CCTV near the scene? Even a store camera might've seen something through the window and, in the UK at least, the police can ask for a copy to help resolve a dispute.

3) Any witnesses? People who work/live nearby- any stores you can go in and ask?

Hope you get it sorted and glad you weren't injured in the accident :)
 
Well I called my insurance company to tell them not to accept any liability without contacting me, I didn't want the insurance companies to settle anything without me knowing. My insurance said there is no way they are going to accept liability because its clear from the pictures that it was not my fault, they said if they have to they will have a third party or something come in and analyze it, they used a different wording but thats what I understood from what they said.

I checked and there are no lights on the corner but I was thinking maybe a security camera from one of the stores in the parking lot next to the accident might have caught it.

Would have been alot easier if one of the 5 or so cars that seen the accident would have stopped :(
 
Her insurance company may call you to investigate but simply give your side of the story. If you aren't sure or don't remember, tell them you aren't sure but you know that is addressed on the police report or by the report filed with your insurance company.

Then call your insurance company, speak to the rep assigned to your case, and let them know what's going on. Ask them what your insurance company's view is of the accident, and if there's anything you can supply regarding photographs, police reports, etc that can help them.

Unless you have seriously terrible insurance, and I doubt you do, your insurance company would be paying, not you personally. So your insurance company has a strong incentive to fight whatever hers says. And your company will provide you a lawyer if it goes to mediation.

If her insurance calls repeatedly or tells you to pay, give them your ins rep's number and tell them to speak to him/her. They shouldn't be going after you personally for anything.

I had a nasty accident a few years ago, and my insurance company (Liberty Mutual) handled it incredibly well. They took care of my car repairs, I only had to speak to the other person's insurance company once, and a year later the whole thing went to mediation. Liberty Mutual was really understanding about the fact that I was living several states away from where the accident took place, and made sure to schedule it around when I could get there. The lawyer also convinced them to let me go first so I could get on the road. The point is that even in the worst case (it goes to mediation) your insurance company does all the hard work, and you just need to show up and look nice.
 
The only thing I can think of when I hear "roundabout":

Look kids! Big Ben! Parliament!
 

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Your insurance company would send someone to check your car for damages and should figure out who is at fault.

You should mention that she was on the phone. Your insurance company might be able to get her phone record to see that she is on the phone and not paying attention.

If it's a 4 way stop there probably won't be cameras.
 
First of all, contrary to what some others here have said my insurance agents have always told me do not answer or speak to the other driver's insurance company--that's what your agent and insurance company is for. You should not tell your story to them as any slip up or words you say can be used against you. I agree with the advice others have here: check for cameras with the city, and stand firm on your story.

I had a similar problem taking a left, I was waved through by other drivers stopped for me. There was one car in the other direction around, taking a right turn onto my road. I was in the middle of my turn (about 80% on the other side of the road) and another driver came speeding down the road, around a blind corner, and plowed into the back door of my car. There was a camera (this was near a railroad crossing), but the camera didn't function correctly. I received 50/50 blame because it was a left turn however the other driver had excessive speed.

Finally, don't get too bent out of shape: car accidents are a fact of life even for the most careful driver. You might be very stressed right now, but in a while it will be over and you'll move on--so take it easy.

Steve
 
Yes, it is always your fault when talking to the other insurance company.

"I should have stayed home so your drunk client would have run into someone else."
 
You haven't anything to worry about. The gears of insurance are simply turning; doing what they do. Leave the mediation to your insurance.
 
Would be nice if people simply could be sincere.

I had the following experience about 10 years ago:
Driving along the motorway during heavy traffic on a Monday night about 100 Km/h (the speed limit there) like everyone else getting home from work.
I was driving on the far left lane, and an old Datsun close to me on the lane to my right signaled he wants to change lanes to his left.
I lifted from my gas pedal to give him room, and he inserts in front of me.
Fine.
About 100 meters in front, the lane left to us becomes the car pool lane, and (like they normally do in Holland) they place a concrete wall to devide the most left lane for "normal traffic", and the car pool lane.

This Datsun kept his left indicator on, but there was no way he could reach the car pool lane....
But somehow... he tried... at 100 Km/h...
BOOM!!
Straight into the concrete barrier, and immediately bouncing back onto my lane about straight in front of me... The last thing I could remeber is the underside of the Datsun flying straight at me, with absolutely no time to react. These things happen so, so fast... wow.. :(

Well, as a result there was a multiple high speed car accident on this major motorway (the A1 from Amsterdam to residential central Holland) with many cars and one lorry involved, and I woke up a few (?) minutes later on the extreme right side of this motorway looking at the carnage.

My car (a 2-year-old VW Golf back then) was a complete wright off, and I was rushed to hospital. Luckily I had no real serious injuries, and went home the following day.

I heard the driver if the Datsun was killed instantly.. (I don't want to know if the concrete wall, or my inpact did it..).

Not a lot of paper work, and it was obvious the Datsun driver was the cause of the accident, and let's try to get on with our lives.

Until the bastards of my insurance company gave me the new terms of the following 12 months (these terms came about 3 months after the accident), and had doubled it!!!
I called them asking why this was, and they simply replied that this was due to the accident on that fatal Monday night.
I was outraged and told the idiot how the hell they could get this al mixed up.... after a few minutes, he apologised claiming they had moved offices and some paperwork may have been misplaced etc....

IMHO these insurance companies try ANYTHING to get cash. Even risk losing a client, which they did.
 
I don't know what his opinion was on who was at fault and he was very short with both of us. He took her story first then took mine then told me I was clear and I could leave then he said he wanted to talk to talk to her again.
 
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