kry01

Hey if anyone with any experience at all can help I'd appreciate it.

This occurred on a 3-lane interstate (all travelling in the same direction). The SUV was in the middle lane and I was driving in the far right lane (where the exits are). The SUV suddenly came perpendicular/sideways (close to 90 degrees) in my lane as I believe she was trying to take an exit she had missed by going though a patch of grass that would still allow her to get the Union turnpike exit (28B). The driver mentioned she lives in the area and when it was time to leave she took the exit in question to do so.

The pavement had been wet since it had been raining.

She however claims someone else hit her, but there is no other damage to her car (as can be seen in the pictures I've attached) besides where our two cars collided. There was no other car that hit the SUV from my view neither was there any noise/bang that could be heard. The suv only has damage along the right passenger side doors and I have damage mostly at my left front end.


Her insurance company denied my claim blaming the phantom car for liability. They said the phantom car hit her the same place the maxima did. My car is pretty much totaled (> $5,000 damage) and I nly have liability for my 97 max. I don't know what to do anymore.

Sounbwoy

iTrader: (2)

no pics...

natty99

iTrader: (6)

wtf.....assuming you're telling the truth, that **** makes me mad. I hate hearing about people who drive so recklessly like that and get away with it. At least you're alive and well bro, I guess in the end that's all that matters.

It may be costly, but I'd def get a lawyer to take care of this. If you're that positive of the exact events (after all, she did hit you from behind so how could you have seen the entire episode?), then do it. Good luck

kry01

Police reports were filed, and it reads as:

"Driver #1 (suv) swiped by Driver #3 (phantom car) same direction caused driver #1 to "fishtail" causing a collision with Driver #2 (me), into driver #1. Driver #3 fled location without exchanging information. Police Officer didnot witness accident."

Cdg2125

iTrader: (7)

That bull. How the hell could she be hit on the right from some other car and then hit you on that same side? That makes no sense at all. If she got hit right front she wouldn't fishtail and hit you on that same spot. It just wouldn't happen. She's being a b!tch about it. It's entirely her fault. I can't believe a cop would write that story up. Well maybe I can... Unfortunately there is nothing you can do besides court. If her insurance won't pay then you gotta make them pay haha. Good luck with it. Sorry to hear about the car.

urmab

iTrader: (7)

Well thats good that no one got hurt, but from what I undestand that her insurance is liable for your damages and the phantom car is resposible for her damage.

kry01

I'm trying to find a place to host the pics.

Cdg2125

iTrader: (7)

Yeah I thought that no matter what happened to her car, the damage she caused to you still had to come out of her pocket.

kry01

She didnt hit me from behind. It's more like this...

SUV
M
Y
C
A
R

This is on 3 lane interstate (cross island pwky) with all lanes travelling in the direction I am.

wuzzy

iTrader: (3)

That same thing happened to me once. On I4 in Orlando, traffic was getting heavy so I had to break ( going about 40-50pmh ) so the car behind me plows in the back. Three teeangers from the area that werent paying attention. They said someone hit them in the rear, but no one did. No damage and no one else saw them get hit. Sorry about your max.

kry01

Cdg2125

iTrader: (7)

She was driving an escalade too? No doubt it's her fault. No offense to women drivers but I've only met one woman that could drive an SUV.....

Dexter

werd, by law if the phantom car isn't in the scene and caused her to hit you she is liable for your damages and she has too look for phantom car to cover her damages and what she had to shell out to cover your damages... consult a lawyer, she can't just pull phantom car card and get away clean, don't trust what her insurance says since they will try anything not to pay (especially now that the year is ending)

kry01

First, I'd like to thank everyone for their response.

As far as I know, if the other person claims there was a 3rd party that hit them, they no longer have liability. Please correct me if I'm wrong! If it matters, I live in NY.

Has anyone been or heard of a similar situation? Has anyone ever had to goto small claims court? What's the procedure?

natty99

iTrader: (6)

dude, you really need to be aggressive with this. Call their bluff, because this is all bull****.

Trajiksmax

I would definately talk to a lawyer and get back what is deserved. From what I see, looks to me as an illegal lane change. From this point on make sure you document everything e.g. pictures,write down names, keep documents, get police report, etc. Cross Your T's and Dot ur I's. It looks to me as if she's at fault.
Best of Luck.

ffcbairn

Just want to back this post up. Seriously, be aggressive. I am pretty sure it is standard insurance policy to deny all claims that are not obvious. In this way they filter out people who are not willing to pursue their claim. Beyond that there are then two groups of people who are. Those with a clear cut case (they will pay without being forced) and those who's case is not so clear cut (will require litigation to attempt to be reimburced).

The first part though is you have to make it clear to them that you will not simply accept this. Continue to pursue them.

I'm sure they have some sort of internal company appeal you can try. This will most likely fail but it looks better that you attempt to rectify the situation with them.

After that, find a lawyer. Maybe the simple act of having a legal representative contact them will convince them you are ready to go all the way.

If that still doesn't move them then you sue. Unfortunately there is a real risk you will have to do this. If you do then you might not see your money for years but in the end if you do get reimbursed I would think there would be additional money involved besides what you were owed for damage/medical.

Really though how far you take it is up to you but I hope justice will be served whatever you do. I would think your case in the end would be relatively easy to prove. (remembering that civil cases do not require guilt beyond a reasonable doubt to be found in your favor) If you can prove that more than likely she was attempting to take that exit (for example she takes that exit everyday) then that would tend to lend doubt to the phantom driver then it is easy after that because she recklessly engaged in a multiple lane change causing the accident.

ffcbairn

Oh and BTW nothing anyone can tell you here can replace the thoughts/knowledge of a lawyer about what to do. If you cannot quickly rectify things with the insurance then contacting a lawyer should be your next step.

NYC32798

iTrader: (3)

I'm no expert on situations like this but have you spoken with your insurance company about it yet? When I got rear ended, the guys insurance company wanted me to bring it to their "service center" to let them bring it somewhere to fix it. I contacted my insurance company and told them I wanted to bring my car to my body shop and did not want the other insurance company to fix it. They fought with the other guys insurance company about it and got them to send me a check to bring it to my local body shop. Like I said i'm no expert when it comes to insurance but it's just a thought.

talisman311

This is definately her fault, she ran into you, not the phantom car. You were in the lane of travel and she went into it causing a collision. I know at this point it's like beating a dead horse with a stick, but be aggressive and pursue this. Contact your insurance co. an tell them what happened and they ought to give you the proper course of action, the escalade's insurance is responsible since she hit your car, don't fall for that BS.

MOHFpro90

iTrader: (11)

Get a paint analysis, they'll examine the side of the SUV for different paints not the color of the SUV. They can tell you how many donors of paint, and exactly the make, model and generation of the cars that made contact. If only one is present, then voila. You have won your case.

SunMax

iTrader: (2)

Take the advices here.

Many years ago, there was a 3 cars accident (I wasn't in that accident). Car A rear-end car B, which rear-end car C in front of car B because of the momentum. Even though it was car A who cause the whole accident, car C should sue car B, and car B should sue car A for its own damages plus the damages of car C.

So, call a lawyer.

the_3d_man

iTrader: (1)

I don't know how it is there, but here car A is at fault and pays for the damage of all cars.

Scruit

Their insurance is BSing you.

If your own insurance covers collision then have them fix ur car and they'll got after the other insurance company. If you have liability only then you can at least talk to them for advice.

Better yet, consult with a lawyer in your state.

Dexter

but if Car B claims Car A is at fault for Car B & C damage and Car A isn't at the scene Car B is at fault and has to pursue Car A for damages caused to Car B & C.

this is all too complicated, which is why I carry colision coverage.

matts95max

iTrader: (11)

Get a lawyer! now! and get this taken care of..As long as you are telling the truth and there was no 3rd car.

sky jumper

do you have pictures of the OTHER side of the SUV?? that would be some pretty good evidence that the police report is BS. if you don't have pictures, find the truck and get them!! or find the body shop / insurance adjuster (they will have pics of any damage on file). without those pictures your life will be much more difficult.

challenge the police report and GET A LAWYER

CRiME

iTrader: (21)

you really need pictures of the other side of her truck. i hope you took some. if something really did swipe the side of that escalade with enough force to send it flying into you, there has got to be at least a dent or a significant scratch in the other side. if the other side of her car is fine, then that should seal the deal for you meaning she just made an illegal lane change, lost control on the slippery pavement, and is trying to cover her ***. get those pictures ASAP if you can.

didn't the cops ask you for your version of what happened? when I was involved in a wreck a few months ago, the report stated both my side and the other guys side of the story (turning collision, he was at fault, ended up paying). It's odd that they would just write the report out like that without examining her vehicle for any evidence that would be indicative of a phantom car.

Either way, I know what you're going through right now and I hope everything works out in your favor. Keep us posted.

ethnic6

iTrader: (5)

I hate women who drive SUVs because its just the fact that they're not tall enough to see their blind spot...2 out of 3 of my accidents were with women who drove SUVs...

Scooobay

iTrader: (5)

Women cant drive...story dun. good luck.

Rydicule

While my sympathy is with you in this matter as you described... I'm skeptical this is the whole story. They story you have told clearly places liability on the part of the SUV. Without a doubt. You don't fishtail to a 90 degree angle at highway speeds like that, and this would be clear to police. Upon any motor vehicle incident report, the police must determine A.O.I. (Area of Impact) which requires analyzation of damage and/or debris in the road. The LACK of damage on the side of the SUV would clearline that there was no impact there, and the report would clearly state that A.O.I of vehicle 1 and 3 could not be determined due to lack of debris/damage. Without some PROOF of a phantom car collision, liability becomes smokey. I know how it works in CT, I will do a little research and get back to you with NY rules. I just don't feel you're giving us the WHOLE story... I apologize if you are, there just seems to be so many things about it that are off pace...

Rydicule

Some passages I have found in New York law journals that could point you in the right direction:

This precedent tells you that in order for her to place liability on a hit-and-run vehicle, there MUST MUST MUST be some evidence (damage) of physical contact between the two vehicles.

Actually, McKinney's Law (by which NY law is interpretted) brings us two prior cases involving rear-ending incidents, however these incidents can be related to your case as analogies are drawn concerning liability arguments. It basically tells us that the presence of a phantom car MUST be proven through physical contact that FORCES her car into the position it was.

In this case, you would be the front guy, and you are involved in an accident where the person who hit you (or caused the accident) claims that it occerred due to a third party, however it was ACTION taken by their part that caused the accident with you, and hence they are liable for that accident and the third party is NOT liable for damages to YOUR car. Sooo, this means that if she SAW a phantom car and got spooked, or even if the phantom car did hit her but not FORCE her into the position she was in and she put herself in that position (that caused her accident with you), SHE is still 100% liable for the accident between her vehicle and yours. However, in an entirely unrelated case to the above:

"prima facie" literally means "first face", however it is interpretted as "inarguable evidence". This pretty much states that if the SUV was physically propelled into the position it was in when the accident between the Max and SUV happened, then the driver that caused her car to get into that position is responsible for BOTH cars, and the driver of the SUV owes you nothing. However, I'm pretty sure her vehicle being FORCED into that position would have damaged her vehicle significantly.

I would say that if the facts are as you stated them, according to New York Law (these quotes come straight from the NY statutes, you can look up the cases if you like, I drew them form the WestLaw Campus database), you have a pretty substantial litigation against her and I would contact a lawyer immediately. However, it must be done quickly. There is a Statute of Limitations, and I'm not sure how long it is, but if you wait until it's passed, you will have no legal anchor to recover damages for your car (and your injuries if any were sustained.)


Best of luck to ya.

Brudda Bob

iTrader: (3)

Kry, like everyone else here I'm sorry about the accident but like someone else also said, " the MOST" important thing is that you arent injured. Another Maxima or vehicle will come in due time, however, serious injuries can last a lifetime.

Browse the yellow pages and call one of those lawyers whereby nothing is paid unless you win the case. Do NOT hesitate and if youre feeling pain of ANY sort go to the emergency room. NY "no fault" will pick the tab up which doesnt have ANYTHING to do with comphrehensive coverage.

I was rearended on April27th of this year by a Ford F150 (those things are strong man) going no more than 25 miles per hour in my brothers "Batmobile" (1990 Oldsmobile, another pc. of steel that doesnt buckle and makes you absorb all the energy). I refused any treatment (resent hospitals, doctos and medication) at the time even though I couldnt move my neck and thought it would disappear. It didnt and worsened. To precis this "story". I called a lawyer and saw a doctor only to learn I sustained 2 herniated discs in my neck and 1 in my back. I just finished therapy about 2 weeks ago and the case is still in progress.

Call a lawyer and seek medical treatement if you feel ANY pain.

Best of luck!

Preet S 22

Hi man,

Sorry about ur accident. Hope it all works out.

These other guys on here have some good info........a lot more than I can give......but one thing i do know is that her insurance is supposed to pay for ur damages and then go after the "phantom" car for her damages and the damage they paid for your car.

This is making me sick reading this........is your insurance agent cool?.........mine is really nice and he has helped me out a lot over time in which he would get nothing out of it............but nothing beats legal representation.

Please dont settle........like others have said "be aggressive".

Good luck.

Dexter

I dunno about NY, but here Statue of limitations lasts 2 years after the date of the event occured.

Rydicule

It differs for different things even within the same state. I could look it up, but any kind of legal research is painstaking just because so much info is out there. Lawyers know how to sift through it, I don't. Anyway, I believe the statute of limitations for filing a claim for the car damage, as you said, is a matter of months (anywhere from 12-24...), however, the statute of limitations for filing a personal injury lawsuit seems like it would be 30 days or less without proper medical documentation, seeing as how after such a period of time it would be difficult to ascertain where any existing injuries actually came from.

kry01

The accident occurred on December 1st, 2006. My insurance agent (Allstate)HAS NOT been of any help since I only have liability coverage.

The SUV has no damage on the opposite side and the driver pointed to the same side where our collision occurred when the PO asked where the phantom car hit her.

I have the SUV driver's husband (who was also in the car) recorded stating the phantom car hit the suv twice. If you look at the pictures of her suv it clearly shows no dents/scratches except where our two cars collided.

kry01

She is vehicle #1 and I am #2

Dexter

maybe I'm not interpreting this correctly, but according to that little diagram you hit her...I'd seriously get a lawyer on it ASAP

kry01

Well the SUV came into my lane so it became a t-bone scenario. According to all involved I had no liability (mine and her insurance company). Here is a diagram that may better show it. Keep in mind the SUV was originally in the middle lane then came to be close to 90 degrees in relation to my lane.