lying liars who lie.

[mikester]

Got Side swiped yesterday.

I was traveling in the lane next to a left hand turn lane. Someone in the left hand turn lane decides to exit as I'm passing. Their car makes contact with mine from the front of the driver's door to the back of the car.

We pull over, exchange information. I have no witnesses stop to provide information, she has a passenger.

I call my insurance and open my claim. She obviously does the same.

Her claims person indicates that her story is different than mine. She says that her driver was in the lane I was in and that I tried to change lanes into her.

No police because no injuries. F'ing awesome. Damage isn't that bad but I'm going to be quite pissed if I have to shell out for the deductible because this is NOT my fault.

I've been hit like 4 times in this car and all of the incidents have taken place in the same 1-2 mile radius (I would be surprised if it was 2 miles). Culver City near slauson and 405. It's like I'm a target there in that car.

No injuries but man - I hate it when people lie.

What's my recourse here? I mean I could take her to small claims for the deductible and my out of pocket for the rental (all I really care about considering the incident) but she has a witness and I do not (she has a passenger).

[nynor]

here, if the damage is over $500, police are supposed to be called. this means that the most minor of accidents is to be reported and an officer dispatched.

[pwd72s]

two against one...oh-oh!

[azasadny]

Do you have a spoon?

[slodave]

here, if the damage is over $500, police are supposed to be called. this means that the most minor of accidents is to be reported and an officer dispatched.

Same out here.

[nynor]

in short, mikester, i think you are screwed. and not in a good way.

[mikester]

Originally Posted by slodave

Same out here.

You and I are in the same place basically - when I call I get the 'are there injuries? No. No police response.

[mikester]

Yep. Screwed probably.

[nynor]

is there any way that the damage to your car could have happened the way the other party claims?

[Porsche-O-Phile]

Don't talk to her insurance company - talk only to yours.

Yep, in CA (in my experiences) PD has more important things to do (like sit on their asses on the side of the road with radar guns) and will not respond unless there are injuries, and even then only maybe (buddy of mine cycling got creamed by a woman yammering on her phone, broken collarbone, cut/rashed to hell, etc). Santa Monica PD couldn't be bothered.

[Tobra]

+1 on the don't talk to her insurance company at all.

In California, if no injuries, no police respond 99.99% of the time.

I got the CHP to come to my wreck, because it happened right in front of a parking enforcement officer that could not believe I was undamaged and walkiing around. She may have called them because the other driver fled the scene.


When I got the police report, the only thing on it that was correct was the name, license and insurance information of the parties involved and the intersection where it happened. Literally everything else in the police report is inaccurate. They did not cite the other guy for speeding, running a stop sign or running away. They failed to do a sobriety test and let the guy go. I am quite confident he was impaired.

I called them to let them know the report was inaccurate and to ask some questions. Never heard back. I have a bit of trepidation about writing them, because my presumption is that the guy who hit me is retired LEO or related to LEO. I expect at least some retribution from the CHP if I pursue this, and getting hassled by the cops every day for nothing is not my idea of a good time. I am going to speak to some folks who are a bit more knowledgable about this sort of thing and see what they suggest. Just letting it slide is not acceptable to me.

[ckissick]

Recently, I was in the right lane of 2 left turn lanes. The guy to my left didn't turn right. He went straight as I turned left. We got out and he apologized profusely. He said it was his fault, not to worry. A week later, his insurance guy called and said the driver told them it was all my fault. I had to pay for my car, he for his.

I've been in a number of fender benders, all the other driver's fault. Running red lights, illegal U-turns, etc. In every single case they said it was my fault. I prevailed in the other cases because of witnesses or their story made no sense. But I wonder if there are any honest people in the world. Apparently, very few.

[widgeon13]

Happened to me 2 months ago. I had the police enroute before I even got out of the car. I got lucky, the driver said it was his fault. He hydroplaned and hit my driver's side. Trooper said it was minor damage. (estimate was $2000) I made certain he noted it was the other person's fault. He did.

Lucky for me as the other idiot denied it to his insurance company. When his company called me and told me there were discrepancies in the reporting I just said deal with my insurance company. I'm done with this.

Good thing I'm anal in these situations. Hope you make out OK.

[Zeke]

Don't talk to the other ins co, +2. But I would call their bluff and make them prove it that it was your fault. I'd go so far as to filing a SCC suit just for the out-of-pocket deductible.

If the damage is to your car door on back and to the front corner of her car, it won't be hard for the judge to figure that out.

If you win, turn the judgement over to your ins co to collect.

[mikester]

Originally Posted by nynor

is there any way that the damage to your car could have happened the way the other party claims?

My insurance person seemed to feel the same question applied.

Here is my diagram for documentation. I am the green, they are the red. Traffic was backed up in their lane due to the red light so she was stopped when she decided to merge into the space I was occupying (I had a green light).

[widgeon13]

Looks like they are changing into your lane and since you are going straight it would appear the other individual has the obligation to yield to you. In other words, you have the right of way.

[Zeke]

Case closed.

[thingmon]

Did you get any pictures? I always carry a camera... No guarantee that it will be sufficient proof but at least you have something. Wouldn't hurt to keep a pen and paper on hand too. Get them to write out what happened and sign or call the cops.

[Joe Bob]

Just because you are "supposed" to get a PD report doesn't mean the PD will actually show up to take a report.

[svandamme]

that's why you snap pictures the second it happened

Had the same this morning, some big shot banker in a LExus 400 tries to wiggle in to a gap that simply was not there.. He figured i'de brake to let him in, i figured he could try that chit cause it's his insurance that will pay to fix my company car and i really can't be bothered if he wants to bang up his car on mine...

I thought he was bout to have a fit when our cars collided at slow speed. His bigass Lexus vs my smallish 1 series. He seriously threw a temper tantrum.... i chuckled.

Started going off at me, that i should have yielded cause he had his indicator on.
i'm like: Maybe in your world, but not in the real one. you changed lanes, you drove into me, you are an idiot.

So he insisted on calling the cops, after we relocated to no longer cause a T jam. fine, i had my pics

so when the cops come, they are like, whatever dude, we are not in the business of assessing blame, fil in the paperwork and send it to your insurance. As i knew would happen.

So we fill in the form, with standardized questions

For me : Position "adjacent lane, same direction"
For him : "changed lane"

And he signed it..

You're honor, the defense rests.

oh yeah, and the best part? I got a tiny ding, he had to get his Lexus towed...Electro motors apparently are real sensitive about getting banged up..


European accident reports , require to answer standardized questions about the situation
And to draw out a sketch as to who was where when it happened..




Usually very badly written while in the car, so pictures, pictures pictures.