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Hit and run... kind of.

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khall86

Junior Member
What is the name of your state (only U.S. law)? CA

I need advice on an accident I was involved in a few days ago. I was going to make a right turn on a red light but as I proceeded forward a car came speeding into view so I proceeded to stop. I was then rear-ended by the car behind me. I waited until the light was green and proceeded to pull out and head for the next turn lane to go into a gas station so as not to stop in an unsafe location. I was signaling out my window for the car behind to follow me and it looked like she was cooperating until the light turned green, I started to turn into the station and she took off to the right and got on the freeway. Before I called the police I was approached my a man who asked if I was rear-ended and wanted to see the damage, I got his phone number and name as a possible witness. I proceeded to call the police station and report the hit and run and they told me an officer was on the way. As I was waiting I was approached by the same man as earlier and he began to tell me that he worked with the girl who hit me and that she just freaked out and didn't know what to do, it ended up she works two buildings down from me and he assured me that she would pay for any damage and gave me her full name and phone number and convinced me to call the police off. I did so and called her, she was very polite stating "I was just on my cell phone and wasn't paying attention, I'm really sorry. I'd like to pay for it out of pocket if it's not too expensive otherwise I'll go through my insurance company." I called her back this morning with two estimates both of which were about $1200. She told me she wouldn't be able to afford that out of pocket so she would contact her insurance company. Here's where it gets confusing. She called me back a while later and told me she had spoken to her insurance company and they told her that the accident was actually my fault since I was illegally stopped in an intersection(I was in the crosswalk as I had started the turn but had to stop since a car was coming) and that she would have to pursue payment for the damage to her car through my insurance, but "out of the kindness of her heart" she wouldn't be doing that. Upon my request for her license plate number she became incredibly hostile calling me names and eventually hanging up on me, only to call me back and inform me that she had spoken to her dad who told her it was illegal to with hold that information. I know I shouldn't have been so trusting initially(live and learn) but do I have any rights here? Please Help.

Kyle
 


CdwJava

Senior Member
Did the police ever arrive and take a report?

And she is likely fibbing out what her insurance company said. She rear-ended you, chances are they are not going to see you as entirely at fault.

So, report it to your company - and the police - and let them handle it.
 

ecmst12

Senior Member
Ask for her insurance information and talk to them yourself. She is full of it, it is 100% her fault for following you too closely.
 

mistoffolees

Senior Member
Ask for her insurance information and talk to them yourself. She is full of it, it is 100% her fault for following you too closely.
Not always.

For example, I was rear-ended by Mr. Magoo (or his twin brother) in NJ and was told that even in a simple rear-ended accident (I pulled out onto a street when he was at least a quarter mile away and he didn't see me - and plowed into me without even slowing down), I could be assessed a portion of the blame. I can't figure out how that works, but they said it was 25% my fault (I was later told that they almost never assign 100% fault to anyone).

Clearly, the rules in NJ and CA are different, so I don't know how it applies there, but the generalization that it's never your fault if you're rear-ended isn't always true.
 

ecmst12

Senior Member
In THIS case though, him stopping unexpectedly is NO defense against the tailgater rear ending him.
 

khall86

Junior Member
Resolved.

Thank you for all the replies. I handed it over to my insurance who in turn contacted her insurance. They called me today to set up an appointment for appraisal of the damage and informed me they accept 100% liability. Thank you!
 

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