He said/ she said

[xenia]

What is the name of your state? CA
My truck was hit by a big rig on the freeway. There was stop and go traffic and we were in the slow lane.... he wasn't paying attention and ended up hitting my truck. There was damage to the right side of my truck. Information was exchanged but police was not called (big mistake). He apologized and explained that he was from a different state and is unfamiliar with the freeways. It's been two weeks and now his insurance is claiming that he said the accident was my fault! They are offering to pay 50/50 but there is no way I am paying 50% of damages when it was 100% NOT my fault. What do I do now???

 

[Zigner]

What is the name of your state? CA
My truck was hit by a big rig on the freeway. There was stop and go traffic and we were in the slow lane.... he wasn't paying attention and ended up hitting my truck. There was damage to the right side of my truck. Information was exchanged but police was not called (big mistake). He apologized and explained that he was from a different state and is unfamiliar with the freeways. It's been two weeks and now his insurance is claiming that he said the accident was my fault! They are offering to pay 50/50 but there is no way I am paying 50% of damages when it was 100% NOT my fault. What do I do now???

If you were both in the slow lane, how did you get damage to the right side of your vehicle?

EDIT:
What you do now is file a lawsuit for the damages to your vehicle. I am assuming (yikes) that it is less than $7,500, so you can do this in small claims court.

EDIT #2:
Is his truck licensed in California? Is he an owner/operator, or a driver for someone else?

 

[moburkes]

Yes, please, explain how this happened, because your vague explanation doesn't make sense.

 

[xenia]

he said/she said 2

The lane isn't actually considered the slow lane....when trying to go onto the 60west and the 57south there is that lane in which you transition onto either one...well thats the lane we were in. The damage occured to the right side of my bumper because he tried avoiding me by switching lanes. In doing so he hit another truck and she had pulled over the side of the freeway with me (but I didn't get her info.).

 

[xenia]

he said/she said

his truck is licensed in Indiana and a driver for a transportation company

 

[moburkes]

The lane isn't actually considered the slow lane....when trying to go onto the 60west and the 57south there is that lane in which you transition onto either one...well thats the lane we were in. The damage occured to the right side of my bumper because he tried avoiding me by switching lanes. In doing so he hit another truck and she had pulled over the side of the freeway with me (but I didn't get her info.).

Again, based on your vague explanation, it sounds like you were merging, in which case the insurance company is correct to assign 50% fault to both of you.

 

[xenia]

reply

how is considered merging when we were just in one lane in stop and go traffic?

 

[moburkes]

I don't know what its considered, because your explanation is still vague! I cannot understand what you are attempting to describe. First, you said that "we were in the slow lane", which should have meant that you were hit from behind, if it was his fault. But then you said that you were hit on the side, which sounds like you were next to each other. In your response you say that you WEREN'T in the slow lane, which is completely opposite of your first post.

Then when I try to understand, and make a judgement about WHAT YOU WROTE, you question my judgment. Maybe you should try to explain it better AGAIN, so that it makes sense.

Again, how were you hit on the side if you were in the same lane? Are the lanes wider in CA, than in the rest of the country?

It would also seem that if he was avoiding you, that his vehicle would have moved in the opposite direction of your vehicle, but somehow it moved TOWARDS your vehicle instead. I don't understand how that is AVOIDING you.

 

[Zigner]

how is considered merging when we were just in one lane in stop and go traffic?

Look up the definition of "merge".
There doesn't have to be two lanes for traffic to merge together.

 

[xenia]

reply

i did not mean to offend you. I am just here to ask questions and hopefully get some answers. I apologize if my explanation was vague.... and will try to explain it better.
I was driving on the freeway heading to school. I have to take the 57 south in order to get to the university. The freeway splits into three different directions. On the left is the 60west, then the 57south, and last would be the brea canyon exit (on the far right). There is a total of six lanes.The three far left lanes will take you to the 60, the next three lanes are for the 57, and the last lane is for the exit. Counting from left to right...we were in the fourth lane and 1/4 mile away from the freeways spliting (the 60w & 57s). Traffic was stop and go like usual (at least here in CA), the driver tried avoiding the accident by switching lanes (moving over to the next right lane) but ended up just hitting the right corner of my back bumper with his left corner of his front bumper. When we pulled over the damage seemed that it was just on the back right bumper of my truck and the front left bumper of his....but the impact of his truck caused some disalligning of my bed (the truck bed). There is damage to the right side of the truck because of the impact. Not because he hit me on the side.

 

[ecmst12]

Do you have collision coverage on your car? If so, file with your OWN insurance company and let them fight with the trucker's insurance. You'll have to pay your deductible, but once your insurance company convinces them to accept liability, you'll get it back.