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Car changed lane and hit my car

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What is the name of your state (only U.S. law)? California

I was recently involved in a car accident. This is a four lane street, two lanes in each direction. Both of us were driving in the same direction. I was driving in the right lane and the driver of the car that hit me was on the left lane. There was an ambulance far behind us, about a block behind. The driver in the left lane changed lane into the lane I was in hitting my car in the driver side door all the way until the bumper. He told me he changed lane because he was preparing to yield to the ambulance that is coming up behind him and claimed I was speeding so he did not see me.

I believe this is obviously the other driver's fault but I am afraid the other driver will argue that I changed into the left lane hitting him instead. This recently happened to a friend of mine although no ambulance was involved, so I am afraid this will happen to me too.

I noted the exact time this happened and what street the accident occurred in. There are no witnesses. If their insurance company assign fault to me or refuse to pay, what are my options?

I want to make their insurance company aware that I am prepared to go through small claims and will spare all expenses necessary to get records of the ambulance being on that street at the time of the accident to back up the story that under that circumstance, I would not change into the left lane hitting the other driver. The ambulance may also have dashcam video of the other driver hitting my car.

Their car also has one passenger inside. Total number of people involved in this accident is three people. I was not injured and those two also claim they have no injuries so we just exchanged information and did not call the police.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? California

I was recently involved in a car accident. This is a four lane street, two lanes in each direction. Both of us were driving in the same direction. I was driving in the right lane and the driver of the car that hit me was on the left lane. There was an ambulance far behind us, about a block behind. The driver in the left lane changed lane into the lane I was in hitting my car in the driver side door all the way until the bumper. He told me he changed lane because he was preparing to yield to the ambulance that is coming up behind him and claimed I was speeding so he did not see me.

I believe this is obviously the other driver's fault but I am afraid the other driver will argue that I changed into the left lane hitting him instead. This recently happened to a friend of mine although no ambulance was involved, so I am afraid this will happen to me too.

I noted the exact time this happened and what street the accident occurred in. There are no witnesses. If their insurance company assign fault to me or refuse to pay, what are my options?

I want to make their insurance company aware that I am prepared to go through small claims and will spare all expenses necessary to get records of the ambulance being on that street at the time of the accident to back up the story that under that circumstance, I would not change into the left lane hitting the other driver. The ambulance may also have dashcam video of the other driver hitting my car.

Their car also has one passenger inside. Total number of people involved in this accident is three people. I was not injured and those two also claim they have no injuries so we just exchanged information and did not call the police.
By not calling the police, you have issues. You should have called the police. You also need to report it to the DMV.

http://www.dmv.org/ca-california/accident-guide/

How many days ago was this accident? Small claims may not help you because you may have broken the law by not reporting this.
 
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Zigner

Senior Member, Non-Attorney
The OP can still recover actual damages regardless of whether or not it was reported. The bigger problem is proof. The OP has no way of proving his version of events over whatever version the other driver may present.
 

Ohiogal

Queen Bee
The OP can still recover actual damages regardless of whether or not it was reported. The bigger problem is proof. The OP has no way of proving his version of events over whatever version the other driver may present.
True that OP has no proof. But if OP did not report the accident there are other issues as well.
 

Zigner

Senior Member, Non-Attorney
True that OP has no proof. But if OP did not report the accident there are other issues as well.
No, not really. It appears there will be no question that the accident occurred. The failure to report doesn't affect liability or ability to collect actual damages. Furthermore, depending on the dollar-amount of damages, a report may not even have been required (although, if there was damage along the entire length of the car, it probably is required.)
 

Bali Hai

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

I was recently involved in a car accident. This is a four lane street, two lanes in each direction. Both of us were driving in the same direction. I was driving in the right lane and the driver of the car that hit me was on the left lane. There was an ambulance far behind us, about a block behind. The driver in the left lane changed lane into the lane I was in hitting my car in the driver side door all the way until the bumper. He told me he changed lane because he was preparing to yield to the ambulance that is coming up behind him and claimed I was speeding so he did not see me.

I believe this is obviously the other driver's fault but I am afraid the other driver will argue that I changed into the left lane hitting him instead. This recently happened to a friend of mine although no ambulance was involved, so I am afraid this will happen to me too.

I noted the exact time this happened and what street the accident occurred in. There are no witnesses. If their insurance company assign fault to me or refuse to pay, what are my options?

I want to make their insurance company aware that I am prepared to go through small claims and will spare all expenses necessary to get records of the ambulance being on that street at the time of the accident to back up the story that under that circumstance, I would not change into the left lane hitting the other driver. The ambulance may also have dashcam video of the other driver hitting my car.

Their car also has one passenger inside. Total number of people involved in this accident is three people. I was not injured and those two also claim they have no injuries so we just exchanged information and did not call the police.
So report the accident to your insurance company and go from there. When the other driver accused you of speeding, why didn't you call police? They would be able to pretty accurately reconstruct (who hit who and the speed) the accident based on the vehicle damage. Next time call the police. When traveling on a two lane road in the same direction, be aware of cars changing lanes especially when an emergency vehicle approaches from behind, and, if you were speeding, slow down.
 

Zigner

Senior Member, Non-Attorney
They would be able to pretty accurately reconstruct (who hit who and the speed) the accident based on the vehicle damage.
First: No, they won't bother for a minor traffic accident.
Second: The damage from a vehicle merging in to a car that is going faster than the other car is the same as the damage from a car merging in to a car that is going slower than the other car. In other words, the damage won't show who merged in to who.
Third: The damage won't show actual speeds. It may show that there was a speed differential, but it won't show if one vehicle was speeding.
 
The accident happened only yesterday.

I want to put their insurance company on notice that there was an ambulance that passed by the scene of our accident at the exact time. Although I do not know which ambulance company it is from, most ambulance company is local, there is a good chance of identifying that ambulance and that ambulance possibly have dashcam video of the accident. I just don't want the insurance company to play games with me.

I know the other party's insurance company has to hire a lawyer for their insured if I pursue this in court. I want to put them on notice that if they try to play games with me, they will be spending a lot more money on this and still very possibly lose.
 
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Zigner

Senior Member, Non-Attorney
The accident happened only yesterday.

I want to put their insurance company on notice that there was an ambulance that passed by the scene of our accident at the exact time. Although I do not know which ambulance company it is from, most ambulance company is local, there is a good chance of identifying that ambulance and that ambulance possibly have dashcam video of the accident. I just don't want the insurance company to play games with me.
You aren't going to get video from the ambulance. I doubt you'll even be able to get any usable testimony.

ETA: You still have time to report the accident to the DMV, as required by law: https://www.dmv.ca.gov/eformsinfo/sr/sr1.htm
(You do have insurance, right?)
 
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latigo

Senior Member
. . . . . Small claims may not (?) help you because you may have broken the law by not reporting this.
Just curious, but why the equivocation? Is he barred or not barred from pursuing a civil claim because he failed to report the accident?

If his operator's license was suspended or he was in violation of the state's financial responsibility laws, would those "broken laws" preclude him from seeking civil relief?

I don't believe so. I think the issue of failure to report the accident, or any other incidental violation of law, is irrelevant so far as civil recourse.

But if I'm wrong, please explain where I am in error.
 

davew128

Senior Member
It may show that there was a speed differential, but it won't show if one vehicle was speeding.
And even if one was, the duty of care is on the driver attempting to change lanes. Based on the OP's account of where the impact was, its fairly clear that the other driver simply didn't look.
 

Zigner

Senior Member, Non-Attorney
And even if one was, the duty of care is on the driver attempting to change lanes. Based on the OP's account of where the impact was, its fairly clear that the other driver simply didn't look.
The crux of the matter is proving who was changing lanes. The damage would be the same either way.
 

Bali Hai

Senior Member
First: No, they won't bother for a minor traffic accident.
Second: The damage from a vehicle merging in to a car that is going faster than the other car is the same as the damage from a car merging in to a car that is going slower than the other car. In other words, the damage won't show who merged in to who.
Third: The damage won't show actual speeds. It may show that there was a speed differential, but it won't show if one vehicle was speeding.
First: Are you saying the police will ask if the accident is minor if called? And if so, not show up?
Second: Who are you, an accident investigator? Doesn't matter who merged into who if they are speeding.
Third: Who said anything about "actual" speed? The damage may show who did the hitting.
 

Zigner

Senior Member, Non-Attorney
First: Are you saying the police will ask if the accident is minor if called? And if so, not show up?
Second: Who are you, an accident investigator? Doesn't matter who merged into who if they are speeding.
Third: Who said anything about "actual" speed? The damage may show who did the hitting.
The damage will not show who did the hitting.

The speed doesn't matter because it can't be proven that anyone was speeding. Think about it. If the speed limit is 50 and car A is doing 35 while car B is doing 50, it's going to show that car B was traveling faster than car A. Now, same scenario except car A is going 50 and car B is doing 65. The damage will be the SAME since the relative speeds are the same. Hell, car A could be doing 100 and car B could be doing 115, the damage will be the same because the relative speeds are the same.

The police aren't going to line up an accident reconstruction for a minor traffic accident.

ETA: I never said the police wouldn't show up if called. Go back and look.
 

Bali Hai

Senior Member
The crux of the matter is proving who was changing lanes. The damage would be the same either way.
Try changing from left lane to right lane in a 55 mph zone and have a car in the right lane barreling down on you at 90 mph. Most people simply don't expect that. If there's an accident as described here, who is at fault. If you say the merging car doing 55 mph, I'll see you in court.
 
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