Near Collision...getting screwed over
02-11-2005, 10:43 AM
#1
Near Collision...getting screwed over
So I'm coming home from classes yesterday and I'm driving by an accord. This idiot talking on his cell phone starts coming in and out of my lane, so I back off a bit and start watching him to make sure that he gets back in his lane. Well being a dumbass I'm not payinga attention ahead and theres a green light with a van dead stopped.
I'm going about 45 MPH so I slam on my brakes and skid about 15 feet before I come to a complete stop 3 or so feet behind the van. I pull over and check my tires to make sure everthing is ok.
Long story short she called the cops and told them that I hit her, according to the cop her bumper has "scratches" on it. I went to the police station and they checked out my car and of course theres no damage to it. So by law they have to give her my insurance information so she can file a claim against me. I have no idea what to do, any suggestions?
I'm going about 45 MPH so I slam on my brakes and skid about 15 feet before I come to a complete stop 3 or so feet behind the van. I pull over and check my tires to make sure everthing is ok.
Long story short she called the cops and told them that I hit her, according to the cop her bumper has "scratches" on it. I went to the police station and they checked out my car and of course theres no damage to it. So by law they have to give her my insurance information so she can file a claim against me. I have no idea what to do, any suggestions?
02-11-2005, 10:54 AM
#4
Going to need a witness. Or take some pics of the skid marks. Then take a pic of the cross walk line. Then research how long your/her car is. Then show that the only way you could have hit her car is if she was stopped WELL behind the line. Then consider taking her to small claims court for the time/trouble you had to go though to prove your innocence.
02-11-2005, 11:08 AM
#5
Senior Member
Join Date: Nov 2002
Posts: 1,594
Unfortunately you have to just let the insurance cos fight it out. They will act in their best interest. Even if you did nothing, and they know it, they still may screw you if they think it will save the money (even if it raises your rates).
In any case "scratches" will not be expensive. I detest people like the woman who's doing this to you, but even if your insurance company for some reason pays out, it won't be big, so you'll be fine.
In any case "scratches" will not be expensive. I detest people like the woman who's doing this to you, but even if your insurance company for some reason pays out, it won't be big, so you'll be fine.
02-11-2005, 11:17 AM
#6
Originally Posted by SkoorbMax
Unfortunately you have to just let the insurance cos fight it out. They will act in their best interest. Even if you did nothing, and they know it, they still may screw you if they think it will save the money (even if it raises your rates).
In any case "scratches" will not be expensive. I detest people like the woman who's doing this to you, but even if your insurance company for some reason pays out, it won't be big, so you'll be fine.
In any case "scratches" will not be expensive. I detest people like the woman who's doing this to you, but even if your insurance company for some reason pays out, it won't be big, so you'll be fine.
02-11-2005, 04:12 PM
#9
Let the insurance companies fight it out. Tell your insurance company to send someone out to look at your car and tell HER insurance company to do the same. They need evidence YOU struck her. If you haven't washed or waxed your car since the "accident" don't do so until they see it. Waxing may lead them to believe you're trying to "cover something up."
If they decide you did hit her, take her to court with pictures, facts (like the ones previously stated by Jeff92SE), and make HER produce the evidence that you did hit her. The burden of proof will be on both of you, not just you alone.
Good luck man. I hate to see someone that is going through this. You're right though, she's trying to screw you over.
If they decide you did hit her, take her to court with pictures, facts (like the ones previously stated by Jeff92SE), and make HER produce the evidence that you did hit her. The burden of proof will be on both of you, not just you alone.
Good luck man. I hate to see someone that is going through this. You're right though, she's trying to screw you over.
02-11-2005, 04:39 PM
#10
Originally Posted by MaximaPolak
Well, seems like a fake police report. She'll go to jail or pay fines for that when they find out 
BTW: Her van is a 93 White Dodge Caravan...scratches my a$$!
02-11-2005, 05:36 PM
#11
Senior Member
Join Date: Jul 2002
Posts: 2,836
Originally Posted by PBX
I'm going about 45 MPH so I slam on my brakes and skid about 15 feet before I come to a complete stop 3 or so feet behind the van. I pull over and check my tires to make sure everthing is ok.
02-11-2005, 06:37 PM
#12
Originally Posted by charliekilo3
Do you have a working ABS on your car?
02-11-2005, 06:59 PM
#13
Senior Member
Join Date: Jul 2002
Posts: 2,836
Originally Posted by PBX
Yah, and I just changed my pads about 2 weeks ago. Came to a stop pretty quickly, thank god. I do feel bad tho she had two kids in the van with her, hearing and seeing screaching tires and smoke coming behind you would be pretty freaking scary BUT idk why the hell she would tell the cops that I hit her. She didnt even pull over or anything!
02-11-2005, 07:07 PM
#14
IDK i guess it was a good 15 feet, I was going about 50.
What really pissed me off was that the cop couldnt check to see if the marks were fresh or not. Didnt bother taking pictures or anything, just a report and thats it.
What really pissed me off was that the cop couldnt check to see if the marks were fresh or not. Didnt bother taking pictures or anything, just a report and thats it.
02-11-2005, 08:55 PM
#15
If you hit her wouldn't there atleast be a small dent in both of your vehicles or to a minimum some paint transfer. I have had one accident with a white car. The guy backed into my car at like 5 mph and the only damage was some chipped paint. I wiped it ooff touched it up and told him to be careful. She just over acted and thought the van was hit. Nothing more, this should be an easy win in court. BTW she's only gonna get money for a repair because no other damage was inflicted. Not enough to cause medical issues unless she has a heart disorder or something and it scared the crap out of her .
02-11-2005, 09:02 PM
#16
Senior Member
Join Date: Sep 2000
Posts: 781
Originally Posted by PBX
... I come to a complete stop 3 or so feet behind the van. ...
How could she said you hit her if you didn't. She's on drugs and imagined it all...
02-11-2005, 10:25 PM
#17
Originally Posted by PBX
Yah, and I just changed my pads about 2 weeks ago. Came to a stop pretty quickly, thank god. I do feel bad tho she had two kids in the van with her, hearing and seeing screaching tires and smoke coming behind you would be pretty freaking scary BUT idk why the hell she would tell the cops that I hit her. She didnt even pull over or anything!
by woman, I mean crazy psyco Biatch
02-12-2005, 09:24 AM
#21
U wanna try me young boy?
Join Date: May 2001
Posts: 1,024
He was distracted by the drive of the Accord in the next lane being on the phone. Aslo, her being on the phone is irrelevant to her being rearended.
I always carry a disposable camera - take pictures of the final resting positions of the cars. (Although I would not have thought to take pictures in this case)
Nothing much you can 'sept let the insurance companies fight it out. I don't see it going anywhere though, as her deductable is gonna exceed the cost of polishing scratches out, so her insurance company probably won't even get involved if they don't pay out (sometimes with collision insurance they will pay thier own insured asap and then claim the money back from the at-fault driver's insurance). She would have to file a claim directly with your insurance and for the couple-hundred dollars she coudl collect your insurance co will probably just blow her off knowing she won't sue.
I always carry a disposable camera - take pictures of the final resting positions of the cars. (Although I would not have thought to take pictures in this case)
Nothing much you can 'sept let the insurance companies fight it out. I don't see it going anywhere though, as her deductable is gonna exceed the cost of polishing scratches out, so her insurance company probably won't even get involved if they don't pay out (sometimes with collision insurance they will pay thier own insured asap and then claim the money back from the at-fault driver's insurance). She would have to file a claim directly with your insurance and for the couple-hundred dollars she coudl collect your insurance co will probably just blow her off knowing she won't sue.
02-12-2005, 06:40 PM
#24
Supporting Maxima.org Member
Join Date: May 2004
Posts: 702
Tell this lady if she goes thru with the claim, you will wait by her house for weeks and months and next time she gets in her car kids or no kids, you will make sure she has a real claim this time around and smile and walk away 
and offcourse comment her on how nice her kids look when they walk, cause you never know what can happen to there fragile little lives
dude, dont take this crap, if people play dirty you gotta play dirty.
and offcourse comment her on how nice her kids look when they walk, cause you never know what can happen to there fragile little lives
dude, dont take this crap, if people play dirty you gotta play dirty.
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