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[mrivard]

The accident happened on the freeway, the roads were very icey. I was going about 15 to 20 mph so were the few cars ahead of me. I lost control of my car, luckily there was no one traveling beside me and the only vehicle behind me was back about a half of a mile, but the headlights were visible through rear view mirrors. My car spun around and my back bumper barely scraped the concrete median causing minimal damages. The police said my damage done was not even reportable. Then my car was struck by another vehichle on the front passenger side. He was going at least 45 to 50 mph. We both drove our vehicles to the side of the road. His car had minimal damages to the driver side. This man asked me to write down my name and number then when I did he quickly jumped back in his car and left the scene. I proceeded to call 911 and report the accident. This man did call me a few days after the accident he does not believe he is in fault. He has insurance, but I do not. Can I contact his insurance company and file a claim?

 

[VeronicaLodge]

yes.

why dont you have insurance?

 

[ecmst12]

He may NOT be at fault, based on your description. Was your car still moving/spinning when you were struck? If not, how long after you stopped moving were you hit? If you entered his lane due to your loss of control and he could not reasonably have had time to react before hitting you, then you would be at fault.

 

[VeronicaLodge]

but i would not rely on the what the other driver thinks as to fault, i would file a claim with his insurance and see what they say.

 

[racer72]

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE

 

[mrivard]

Yes, my car was still spinning

I had almost came to a complete stop, but was still spinning. He was traveling too fast for the conditions of the roads. He had clear site of me loosing control since this happened mid hill and his lights were in plain view but at least 1/2 mile back.

My insurance expired and I just haven't had the means to renew it.

My state is WASHINGTON, sorry.

 

[ecmst12]

Ok. This accident was YOUR fault, not his. Your car lost control and spun into his lane of travel. Whether or not he was driving "too fast for conditions", it's not the conditions that caused the accident, it was YOUR car going into HIS LANE. As I see it, you were the one who was going too fast for conditions - you are the one who lost control!

You can still file with his insurance, but expect them to say the same thing. Also expect them to send you a bill if they pay to repair the other guy's car.

 

[mrivard]

MY Fault?

This man left the scene of the accident and had plenty of time to avoid hitting me are you sure it is my fault?

 

[shiningforce]

It is not for you or for him to decide who is at fault, that's what insurance companies and lawyers deal with. Admit no fault even if you think it is your fault! Just file your claim and let the judge and jury decide.

 

[ecmst12]

Clearly he did not have plenty of time to avoid hitting you. You made an unsafe lane change while spinning out of control. Definitely majority your fault, if not 100%. If, say, your car had come to a rest in his lane 10 seconds or so before you were hit, then you might be able to put the blame on him. But your vehicle was still moving when it was hit, meaning he couldn't have had much time at all to react to you suddenly arriving in front of him.

He was wrong for leaving the scene without providing his information. You were wrong for not having insurance. But neither of these factors have anything to do with the CAUSE of the accident, which was your car losing control on the ice and entering his lane of travel.