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Car Collision Help

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I was in a car accident in 2018. I was heading south-bound on a highway; it was a 5 lane road. The three lanes on the right were free-flowing traffic, while the left two lanes were bumper-to-bumper, stopped traffic. I was traveling in the 3rd from the left lane (in one of the free-flowing lanes) and the at-fault driver was in the 2nd from left lane (in a stopped lane of traffic). I was decreasing speed, as I could see brake lights ahead of me. I estimate my speed at the time of impact to be between 25-35 MPH. I'm not sure of the speed of the at-fault driver, but she was stopped in her lane and then pulled into my lane without looking. I was essentially side-swipped/side-impacted by the at-fault driver. I slammed on my brakes and came to a complete stop; no other vehicles were damaged in the collision. The damage to my vehicle was mainly on the driver rear door. The damage to the at-fault vehicle was the front bumper. I remember slamming on my brakes quickly in response to being hit by the other driver, which is what caused most of the whiplash. A police was called to the scene, but he failed to make any type of note or report. The other driver initally admitted fault and apologized to me, but later told her insurance company that I came into her lane. This is obviously unlikely since a person drivinig 35 MPH isn't going to drive into a lane of stop traffic; not to mention that even *if* a person driving 35 MPH did try and drive into a lane of bumper-to-bumper traffic, other vehicles would have been struck (including the vehicles next to her car and the ones in front).

I'm wondering if there is any science that can be used to corroborate my statement. I'd like to be able to disprove that the accident could have happened any other way, besides how it actually happened. I'll post a couple of pictures of my damaged vehicle. Unfortunately I was injured in the accident and was in shock - I did not get a picture of the at-fault driver's vehicle.

Here's some information that may or may not be helpful:
My vehicle: Hyundai Sonata approx weight: 3,247 to 3,527 lbs
Other Driver's vehicle: Jeep Cherokee approx weight: 3,655 to 4,046 lbs
My vehicle was traveling at around 25-35 mph
The other driver did not use a blinker; I did not even see the driver until a couple of seconds after impact, when I turned around to see what had happened.
At the time of impact, I was jolted forward and to the right and then straight back when I hit my brakes.
Most of the damage from what my adjuster told me was done to my vehicle and not to the Jeep Cherokee.


I would genuinely appreciate any help, advice, or professional opinions I could get from this. Please let me know if you have further questions about the accident, and thank you!
 


As you have contacted your insurance and the adjuster has examined the damage just let them do their job.
I contacted my adjsuter immediately. Both parties' insurance was involved but since no police report was made, no liability could be proved...
I also retained an attorney to help me in this matter. They weren't able to find a police report either and decided to decline the case.

Both the insurance and legal fields have failed. So I'm looking for out of the box ideas and opinions to help me when I go to small claims court.
 
Did your attorney give a reason for declined the case other than the absence of a police report?
They basically told me that there wasn't any evidence to corrobarate my claim. Essentially it would have been a waste of money for the attorney to get involved when there is no evidence to prove the other driver was at fault. They told me to puruse it in small claims court.
 
Did your attorney give a reason for declined the case other than the absence of a police report?
I felt like there was a lot of evidence that pointed to the at-fault driver actually being guilty.
She reported the accident to her *own* insurance company, but didn't give them any of my information (even though she had all of my info). She also didn't try to make a claim with my insurance company - if someone else is liable, you make a claim.
I think if I was able to review the insurance transcripts, her credibility would be diminished; I guarantee she couldn't keep her story straight. But I won't be able to subponea those records until I have a small claims court trial date set.
 
It will be up to you to offer tangible proof in court, not what the other driver did with her insurance claim.
Imagine yourself standing before the judge and saying "She caused the accident", how will you substantiate that claim?
 

CdwJava

Senior Member
With no pictures, no objective witness statements and observations, it will be difficult to prevail even if you can show some inconsistency in the other party's statements. How much money are you out of pocket as a result of the collision? There ARE experts you can hire that can make an argument for fault based upon damage. But, without pictures of the other vehicle, you'd be paying a LOT of money for supposition.
 
With no pictures, no objective witness statements and observations, it will be difficult to prevail even if you can show some inconsistency in the other party's statements. How much money are you out of pocket as a result of the collision? There ARE experts you can hire that can make an argument for fault based upon damage. But, without pictures of the other vehicle, you'd be paying a LOT of money for supposition.
I have pictures of my vehicle (of course) but none of her vehcile. I was injured and in shock and it didn't even occur to me to take pics of her vehicle. The only thing that I know for sure, is that the damage to her vehicle was to the "front bumper". I'm out of pocket $5,500.00. I'm also currently disabled and am am making monthly payments to for my medical expenses.

What kind of expert would be able to make an argument based upon damage? I'd be willing to pay money to someone to give me an expert opinion - at least that may hold up in court.

I just have to proof that it is more likely than not that I should prevail... I need a judge to think I'm 51% right in this matter. Since the police failed to act appropriately in this matter, I'm trying to find out-of-the-box ways to show that I'm at least 51% right...

I would be able to subponea the pics of the other driver's vehicle from their insurance company, but again that would be *after* I set a trial date.
 
It will be up to you to offer tangible proof in court, not what the other driver did with her insurance claim.
Imagine yourself standing before the judge and saying "She caused the accident", how will you substantiate that claim?
I'm totally imagining that. That's why I'm uncomfortable with filing right now. I need some way to show that the other driver is liable, or at the very least, negligent.
 
With no pictures, no objective witness statements and observations, it will be difficult to prevail even if you can show some inconsistency in the other party's statements. How much money are you out of pocket as a result of the collision? There ARE experts you can hire that can make an argument for fault based upon damage. But, without pictures of the other vehicle, you'd be paying a LOT of money for supposition.
=

Is there a way to post pics on here?
 

CdwJava

Senior Member
I have pictures of my vehicle (of course) but none of her vehcile. I was injured and in shock and it didn't even occur to me to take pics of her vehicle. The only thing that I know for sure, is that the damage to her vehicle was to the "front bumper". I'm out of pocket $5,500.00. I'm also currently disabled and am am making monthly payments to for my medical expenses.

What kind of expert would be able to make an argument based upon damage? I'd be willing to pay money to someone to give me an expert opinion - at least that may hold up in court.

I just have to proof that it is more likely than not that I should prevail... I need a judge to think I'm 51% right in this matter. Since the police failed to act appropriately in this matter, I'm trying to find out-of-the-box ways to show that I'm at least 51% right...

I would be able to subponea the pics of the other driver's vehicle from their insurance company, but again that would be *after* I set a trial date.
The problem with your damage is there is no definitive way to show that it was caused by him entering your lane based solely upon the damage to your vehicle. An expert might be able to make a reasoned argument as to fault with images of the other vehicle's damage, but, even that wouldn't likely be definitive. A collision reconstructionist could run you between $2,500 and $5,000 depending on the work they have to do and the time they need to prepare and to testify. Less (or free) for a simple consult. The lowest I know of for court work from friends who actually do the work is about $2,500. In your case, you'd be spending money on an analysis with no conclusion. They could testify as to how the damage was likely made, but rendering an opinion on fault would be pure speculation. Having an expert testify that damage was caused by another car hitting it in the side is not going to toss you into the 51% category. In theory, it could just as easily damn you as help you.
 

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