i was in an accident on a rainy, none-visible day.

In California...

...I was hit by a hit & run driver that caused me to weave all over.
A 2nd driver (Driver 3) hit me because of my weaving. He stated in the report that he did not know why I was weaving. He couldn't see anything.
The CHP determined there was not enough evidence to find any fault.
However, the officer left out the hit-n-run in the report. I'm sure that's because it was so cold and I was so shook-en up, so I made no sense to the officer at the time.
1 month later the "Driver 3's" insurance called & warned me that I was being sued as the one at fault.
???
I went to the CHP to add the evidence that was left out. (Supplement/Narrative) It was accepted.
The insurance read it and noticed in it that I stated I had detailed pictures of the damage to my car.
"Driver 3"'s insurance is asking me to email those pictures to them.

Forgive me if this seems to be a dumb question, but am I being scammed by "Driver 3"'s car insurance company?
Do I have to give the pictures to them?
Or do I have nothing to worry about and I should go ahead and confidently send these digital pictures to them?
The pictures clearly show that I got a lot of damage all across the entire left side of my car.

I'm a senior citizen and I've been getting scammed a lot lately.
I just want this to be over but this insurance company just won't admit that no one is at fault and won't leave me alone.
Thank you for your time.

you should call your insurance company and let them deal with this.

justalayman said:

you should call your insurance company and let them deal with this.

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Ah, can't do that. Thank you justalayman, but that's something I left out. When the accident happened, my insurance expired literally three days before the accident. I am taking responsibility and paying for the ticket.

I have insurance now. I wonder if they will advice me for something they did not cover me for at the time....

I have insurance now

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but no license?. That is the penalty for driving without insurance isn't it? If the damage was over $750 or there was an injury, you also had to file a report with the DMV within 10 days. If you did that, the DMV would be aware of the no insurance and suspended the license. If you didn't file it, they will suspend your license for not filing it.

Maybe you are using the wrong term but "weaving" is not something you would be doing because a car hit you. Weaving is generally accepted to be a wandering across the road in a careless fashion. If a car hit you, I wouldn't think you would be weaving about.

Phantom vehicles don't usually provide successful defenses. They tend to not be believed. I wouldn't hold my breath on this.




At this point, I don't see what providing them with copies of the photo's would hurt. Not sure it is going to help either though. If there is much of a claim by the other party, you should consider a lawyer.

Thankyou...
No, my license was not revoked.
No, no one was hurt.
OK, I was "weaving about".
Yes, the 1st car was real and it was raining hard that day. I was pushed back into lane 1 while trying to merge into lane 2. I never saw him until after he hit me and continued on without stopping.
My photo's show I was hit hard all the way across the left side of my car.

ramsey said:

Thankyou...
No, my license was not revoked.
No, no one was hurt.
OK, I was "weaving about".
Yes, the 1st car was real and it was raining hard that day. I was pushed back into lane 1 while trying to merge into lane 2. I never saw him until after he hit me and continued on without stopping.
My photo's show I was hit hard all the way across the left side of my car.

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So, you went into the other lane, causing your car to collide into a car already in that lane. Sounds like you're at fault for wreck one. That driver could also come after you for the damages you caused to his vehicle.

In wreck two, are you saying you were not able to control your steering because you had just been involved in wreck one? If so, sounds like you're at fault for wreck two.

You might want to consult with an attorney, as it appears you are at fault for two wrecks, and you didn't have insurance. Hopefully you have enough money to fix the cars you hit.

You are at fault for both accidents. Even if you were not at fault for the first, you'd have to prove that the "phantom vehicle" exists. But you were hit while merging, so your fault. You are going to have to pay for the damage you caused.

Your license will be suspended, the dmv must just not have caught up with you yet. It's possible that this is a good thing. You should think carefully about whether you are able to drive safely at this point in your life, and consider at least taking a driver safety course before going back out on the road.

So, you went into the other lane, causing your car to collide into a car already in that lane. Sounds like you're at fault for wreck one.

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NO, i went into the other lane with the turn signal and looked through my rear view mirror cautiously. I did not know I was hit until after the 1st driver hit me. He was obviously speeding. The 1st driver was a "hit 'n run", that means he knew he was in the wrong. That's why he disappeared.

The 2nd driver admitted in the report that he saw me "weaving" before he hit me. And because it was raining so hard he could not see beyond me to know if someone hit me or not.
As a result of the hard rain, we were all driving @ 45 mph on the freeway. (except for the "hit 'n run" driver of course)

The officer at the scene knew that it was not my fault and stated so in the report.

I'm troubled.
Why is my initial question being ignored?
No one has answered my question with an opened or equally balanced mind.
No one is reading my post carefully before they answer.
I feels like there are no experienced volunteers here. I'm sure I am wrong.
I was advised to come by here. I've read other posts here that were very helpful. I don't want to tell anyone outside this forum that this is not the place to join. If no one wants to help answer my question, please don't waste you valuable time. Simply do not comment and pass over this post.
Thank you.

ramsey said:

In California...

...I was hit by a hit & run driver that caused me to weave all over.

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You mean...you cut off a vehicle in a neighboring lane, causing collision #1.

A 2nd driver (Driver 3) hit me because of my weaving. He stated in the report that he did not know why I was weaving. He couldn't see anything.
The CHP determined there was not enough evidence to find any fault.
However, the officer left out the hit-n-run in the report. I'm sure that's because it was so cold and I was so shook-en up, so I made no sense to the officer at the time.
1 month later the "Driver 3's" insurance called & warned me that I was being sued as the one at fault.

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Sounds proper

???
I went to the CHP to add the evidence that was left out. (Supplement/Narrative) It was accepted.
The insurance read it and noticed in it that I stated I had detailed pictures of the damage to my car.
"Driver 3"'s insurance is asking me to email those pictures to them.

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You're lucky - but coming up with additional information AFTER you've been sued isn't going to help. Furthermore, the damage to your vehicle from the accident that YOU caused won't change your liability for the second accident.

Forgive me if this seems to be a dumb question, but am I being scammed by "Driver 3"'s car insurance company?

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Doesn't sound like it to me.
Do I have to give the pictures to them?

Or do I have nothing to worry about and I should go ahead and confidently send these digital pictures to them?

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Doesn't really matter.

The pictures clearly show that I got a lot of damage all across the entire left side of my car.

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Yes, that is the damage that was caused when you improperly merged in to the neighboring lane, thus starting the entire chain of events leading up to the second accident.

I'm a senior citizen and I've been getting scammed a lot lately.
I just want this to be over but this insurance company just won't admit that no one is at fault and won't leave me alone.
Thank you for your time.

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Why should they, per your own posts, YOU were clearly at fault.

And, to address further information you posted: Just because the other driver didn't stop does NOT mean that they caused the accident. Perhaps they, too, didn't have insurance. Perhaps they were taking their wife to the hospital. Perhaps they have a warrant out for failure to appear on prior tickets. None of these things incur liability for the accident(s) YOU CAUSED.

ramsey said:

The officer at the scene knew that it was not my fault and stated so in the report.

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THAT is a lie. Police collision reports don't list fault.

ramsey said:

I'm troubled.
Why is my initial question being ignored?
No one has answered my question with an opened or equally balanced mind.
No one is reading my post carefully before they answer.
.

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Maybe you need to read more carefully. I posted this last night at 12:52 am:

At this point, I don't see what providing them with copies of the photo's would hurt. Not sure it is going to help either though. If there is much of a claim by the other party, you should consider a lawyer.

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as to fault on the first accident; it sounds like you pulled into the side of the other guy in your attempt to merge. You state you looked in your rear view mirror and signaled. You also need to use your side view mirror and actually turn your head to check any blind spots the mirrors do not cover. Then, if it is clear, you merge. It sounds like you simply did not see the car, pulled into the lane, and as a result, got hit. Him leaving does not make it his fault. There could be other reasons he didn't stop but that is irrelevant to fault.

Unless you can argue the other driver was merging into the same lane as you, you are at fault. Since you didn't see the other car prior to the contact, there is no way you can claim where the other car was and how the accident happened. Based on all the information available, you pulled into the other car.

The 2nd driver admitted in the report that he saw me "weaving" before he hit me.

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You have not really explained how this second accident occurred other than you were weaving for some reason you are attributing to the first accident. Where were each of you when the contact happened? Who actually hit whom? Where was this other car on the road when your 1st accident happened?

Police reports do sometimes list fault but even if they do it is NOT binding on any insurance company to agree with their assessment. But not giving you a ticket is not the same as not thinking you are at fault.

Whenever you get hit while merging, you will almost always be at fault because a merging driver must not proceed until it is safe to do so. If you get it, it must not have been safe.

Seriously, take that driver safety course.

ecmst12 said:

Police reports do sometimes list fault but even if they do it is NOT binding on any insurance company to agree with their assessment. But not giving you a ticket is not the same as not thinking you are at fault.

Whenever you get hit while merging, you will almost always be at fault because a merging driver must not proceed until it is safe to do so. If you get it, it must not have been safe.

Seriously, take that driver safety course.

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Carl will attest that CHP reports don't list fault. Additionally, the OP already stated: The CHP determined there was not enough evidence to find any fault. That is MUCH different than stating the OP was NOT at fault.

I know he's said sometimes they do, they will list primary collision factor and secondary factors if needed, just not on every report.

The answer to your question is no, at the present time you do not need to send the insurance company these pictures. They may subpoena them and then you will have to send them copies.
Honestly, it sounds as if you were driving badly that night and caused 2 accidents. You also were driving without insurance. I'd recommend speaking with an attorney. I don't think that you are viewing the facts rationally.

Good luck