Teenager Runs into my car near an intersection

[ucf3]

What is the name of your state? Maryland

Hi!

I'm having a bit of a problem. A few months ago(Sep 07) I was driving my car down a four lane state route (2 lanes per side). I was in the #2lane(closest to the median) at about 40mph(posted limit) and a teenager pulls her car into the right lane(wide) attempting to move into the left lane at the same time. She doesn't see me(she has dew on her car), hits me, and pushes me into the center median. The accident happened around 0645-0715 with the conditions outside being good(no rain, no snow) moderate to heavy traffic.

After a couple of months her insurance company states, because I don't have any witnesses, or filed a police report, and their client states I drove into her lane. Her insurance company had not seen my car and I have my doubts they visited the scene of the accident.

Now I find it odd that even if I drove into her lane why isn't there any curb damage on her car. Maryland, especially my county doesn't endorse shoulders.

Now onto my question(s).
1) I've heard that Maryland has a traffic law that states one cannot change lane within a 100 yards of an intersection. What constitutes as an intersection, one with a Stop Sign coming out of a neighbor, or a traffic light?

2) I've was once introduced to a County Police Officer 10 years ago who was a State Certified Accident Re-construction Expert. Can I ask a County or State Troopers to investigate such a case after almost 6months(my tire marks have washed away)? I've only noticed(11/18/07) the abrasion marks left by my wheel on the left median.

3) Since I was denied my claim by her insurance, and since Maryland is an at-fault state what other course of action I can do to protect my insurance rates from going up since it's considered an open case by both insurance companies?

A friend of mine advised me to call up my insurance company and ask them to call up her insurance company and settle it. I personally don't want to do that because there's at least $3k worth of damage on my car. Does anybody think what my friend says would settle the issue?

I would appreciate any advise anybody can give me on what course of action I should take?

Thanks for reading.

[ecmst12]

If you use your collision coverage, your insurance company will attempt to go after the other driver's insurance. Whether they will be successful depends on whether the physical evidence you mention (lack of curb damage to her car) is sufficient to prove your story. Better to let them fight it out for you though, it could be a difficult fight. Either way, your own insurance probably won't list you as being at fault.

[Zigner]

File a small claims suit against the other driver if you don't want to put this through your insurance.

[ucf3]

Originally Posted by Zigner

File a small claims suit against the other driver if you don't want to put this through your insurance.

Thanks for replying everyone.

Can't let the Insurance do the final battle, didn't take the collision, and my insurance is siding with me after reviewing the damage on both cars.

The law group I subscribe through work suggested that as well. They also mentioned I should get the car fixed first then submit the bill through small claims. I am curious, has anybody submitted such a claim and won?

So nobody's for asking Police Collision Units to investigate?

Any Attorneys:
do small claims cases require evidence to be presented other than the bill? Also, are there any chances a small claims can be denied due to lack of evidence?

[ecmst12]

Originally Posted by ucf3

So nobody's for asking Police Collision Units to investigate?

Traffic accidents are civil matters. The police are not required to investigate them, and in minor accidents they usually don't (at least in your area).

Originally Posted by ucf3

do small claims cases require evidence to be presented other than the bill? Also, are there any chances a small claims can be denied due to lack of evidence?

Of course they require evidence. Bring pictures of both cars if you can get them (maybe your insurance company took pictures of her car?), and be prepared to testify about the facts and present the physical evidence that you feel proves your case. It will be up to the judge whether it's enough.

You don't have to get the car fixed first, though if you can afford it, that's not a terrible idea. Just get at least 1 estimate (get more if the first one seems high) and use that as your asking price.

[ucf3]

Thanks for the info ECMST12. I'm in the process of acquiring that pictures of her car and mine from the my claims rep. I'll take a few snap shots of the accident scene, and see what the judge comes back with.

Thanks again.

[IrishNodak]

Just curious...why didn't you call the police to the scene of the accident? Small claims is going to ask you that too. Also, most small claims courts like at least TWO estimates.

[ucf3]

Most cops in Montgomery County MD show up very late and usually copies the information from one driver and gives it to the other driver. I figured can't really wait for them, will be late for work, and they're going to do what I'm doing right now. Well egg on my face. Now I know better.

I can always get two estimates. Just need to have them look at everything, not just the exterior.

[ecmst12]

I work with that area, and OP is right, the cops usually only write a report if someone is injured or one of the cars has to be towed. And if there's conflicting driver statements, even if they DO write a report, unless there's a witness they can talk to, they will just write it up as "conflicting statements, no fault assigned". So not calling the cops to the scene probably didn't make any difference.