Author Topic: Someone reversed into me (Read 19858 times)

popcorn1508 · « **Reply #100 on:** July 03, 2013, 02:38:02 AM »

i was pulling out of a spot today and someone wanted ny spot so he let ne pull out as i pulled a pickup truck who must have lost his patience went to the oppisite lane and cut the guy who was waiting for my spot and tryed switching back lanes and ended up going right into me while he was still in the other lane and the cop said he claims its my fault (idk what he told the cop but uts clearly not) what is thebest option that my insurance should not go up

bubbles · « **Reply #101 on:** July 03, 2013, 07:22:40 AM »

Well what does it say on the police report?

popcorn1508 · « **Reply #102 on:** July 03, 2013, 09:53:54 AM »

They said it will be ready in 3 to 4 days and they just write what we said

skyguy918 · « **Reply #103 on:** July 03, 2013, 10:38:01 AM »

Quote from: popcorn1508 on July 03, 2013, 09:53:54 AM

They said it will be ready in 3 to 4 days and they just write what we said

If you took the witness's info (ie the driver who was waiting for your spot) you'll be fine, if not you're probably looking at joint liability. I had a situation where a mini school bus backed straight into my wife's car at a red light, totaling it. The driver made up a ridiculous story that made no sense given the actual damage to the car. The police wrote both side of the story, but in the codes where they essentially assign blame they sided completely with the bus driver's story. Thankfully a parent who was bringing his kids to the bus saw it and agreed to be our witness. We had him sign an affidavit of what he saw and had him speak to the insurer by phone. In the end the bus driver's insurance paid full liability, and we actually made money off the whole thing (ie we ended up with the amount we paid for the car 2.5 years earlier).

Bottom line is, the police may or may not have sided with you. Even if they did, the insurers (your's and/or his) may assign some % of the blame to you. But if you have that witness you may be able to get the other insurer to take 100%.

ETA: Some of that info may only be true in NY, so if you live elsewhere, say so. If you are in NY, when you get the report decode the numbers along the sides with this to get a better idea of what the report really says.

popcorn1508 · « **Reply #104 on:** July 03, 2013, 12:20:49 PM »

Yes this was in boro park on new utrecht ave and 53 st

skyguy918 · « **Reply #105 on:** July 03, 2013, 12:28:23 PM »

Quote from: popcorn1508 on July 03, 2013, 12:20:49 PM

Yes this was in boro park

Ask the witness permission to give their contact info to the insurers so they can give a statement. When you get the report, call the other driver's insurance to file a claim. Make sure you tell them about the witness and give them the info. If you think the other guy may try filing a claim against you for the damage to his car, it may be worth calling your insurance preemptively to give them your side (including the witness) so that they can protect you from liability.

ETA: Just realized you were only saying yes to the NY question. If you don't also have the witness info you can ignore this post.

popcorn1508 · « **Reply #106 on:** July 03, 2013, 01:56:46 PM »

Thanks but will my insurance go up if i tell them i was in a accident even though its his fault

skyguy918 · « **Reply #107 on:** July 03, 2013, 02:19:16 PM »

Quote from: popcorn1508 on July 03, 2013, 01:56:46 PM

Thanks but will my insurance go up if i tell them i was in a accident even though its his fault

Not 100% sure about this part. If I had to guess, I'd say yes, but it's a lot worse if they also have to pay out a claim on your policy.

Moishel · « **Reply #108 on:** July 03, 2013, 05:56:12 PM »

If your insurance doesn't have to pay anything your payments probably won't go up.

I can tell you one thing though, don't trust the 66th precinct! I had a similar story in the neighborhood, but there was no one in sight besides for me and the other driver. I thought it was obvious that I was innocent, as I was parked, and that the marks on my car clearly indicated that the truck slammed into me, and not vise versa. When I picked up the police report, I was surprised to see a "witness" claiming that the truck drivers story, that I actually moved out of the parking spot and hit him.

So if you don't have someone who was on the scene, take a friend, and walk into the precinct, and tell them you want to update the police report with the "witness" that left the scene before the cops showed up. Don't let yourself get screwed over by these crooks in blue.

skyguy918 · « **Reply #109 on:** July 03, 2013, 05:57:54 PM »

Quote from: Moishel on July 03, 2013, 05:56:12 PM

If your insurance doesn't have to pay anything your payments probably won't go up.

I can tell you one thing though, don't trust the 66th precinct! I had a similar story in the neighborhood, but there was no one in sight besides for me and the other driver. I thought it was obvious that I was innocent, as I was parked, and that the marks on my car clearly indicated that the truck slammed into me, and not vise versa. When I picked up the police report, I was surprised to see a "witness" claiming that the truck drivers story, that I actually moved out of the parking spot and hit him.

So if you don't have someone who was on the scene, take a friend, and walk into the precinct, and tell them you want to update the police report with the "witness" that left the scene before the cops showed up. Don't let yourself get screwed over by these crooks in blue.

Often they won't amend the report (which is what happened to me).

popcorn1508 · « **Reply #110 on:** July 03, 2013, 06:06:38 PM »

They told me there is a way to change the report but not through them you have to mail it somewhere (i forgot were)

MarkS · « **Reply #111 on:** July 19, 2013, 01:31:10 PM »

Quote from: MarkS on June 19, 2013, 02:41:04 PM

I filed a lawsuit in small claims court naming the insurance company and the truck company as defendants asking for $1,300 for damages plus $48 for the court fees. They paid some lawyer to write a whole fancy (bogus) lettter explaining why they don't owe me anything (It never happened, and even if it did it was my fault etc).

We're now scheduled for a trial by jury in July. I'm assuming they will reach out to settle before then because it's not worth it for them to pay a lawyer to come to court (even if they end up winning - and there's a possibility that they will lose and pay me + the lawyer).

If it ends up going to a jury, on the one hand I have an advantage because they may sympathize with the little guy against the fancy lawyer from a big company. On the other hand as an Orthodox Jew, depending on who is on the jury it's possible I will have an immediate disadvantage. The court is near Lakewood - here's hoping there's some orthodox jews on the jury

Update: I was scheduled to go to court this coming week. I called the insurance asking if they want to settle and they said I can file an appeal which takes a few weeks etc. I told them I'm ready to go to court next week and I'm not going to start jumping through appeal hoops in the hopes of it getting approved. I said either give me a settlement offer now or I'm going to court.

The lawyer called me back saying they're offering 50% of my $1,300 claim ($650) because that's what he thinks the court will rule since it's my word against the drivers. I said no way so he asked for a counter offer. I asked for $1,100.

He called me back and said they agreed to $1,100!!!

Dan · « **Reply #112 on:** July 19, 2013, 01:33:58 PM »

Well played!

AJK · « **Reply #113 on:** July 19, 2013, 01:37:27 PM »

Quote from: MarkS on July 19, 2013, 01:31:10 PM

Update: I was scheduled to go to court this coming week. I called the insurance asking if they want to settle and they said I can file an appeal which takes a few weeks etc. I told them I'm ready to go to court next week and I'm not going to start jumping through appeal hoops in the hopes of it getting approved. I said either give me a settlement offer now or I'm going to court.

The lawyer called me back saying they're offering 50% of my $1,300 claim ($650) because that's what he thinks the court will rule since it's my word against the drivers. I said no way so he asked for a counter offer. I asked for $1,100.

He called me back and said they agreed to $1,100!!!

Like. Way to stand your ground.

Moishel · « **Reply #114 on:** July 24, 2013, 01:39:12 PM »

MarkS · « **Reply #115 on:** July 24, 2013, 01:43:22 PM »

Quote from: Moishel on July 24, 2013, 01:39:12 PM

It get's better! When they sent me the agreement to sign, I decided I want them to pay my court fees as well so I changed the $1,100 to $1,148 and they agreed!

moko · « **Reply #116 on:** July 24, 2013, 01:48:35 PM »

Now I get to join the club. I was driving through Newport RI and traffic wad backed up on Memorial Drive. Someone was attempting to backup and make a left to avoid the traffic and while backing up he hit me. He admitted to backing up and hitting me on the police report. Will this claim affect my insurance in anyway? (the car isn't mine)

aryeh1 · « **Reply #117 on:** September 13, 2013, 02:33:20 PM »

Quote from: moko on July 24, 2013, 01:48:35 PM

Now I get to join the club. I was driving through Newport RI and traffic wad backed up on Memorial Drive. Someone was attempting to backup and make a left to avoid the traffic and while backing up he hit me. He admitted to backing up and hitting me on the police report. Will this claim affect my insurance in anyway? (the car isn't mine)

No shouldnt, it only goes through his insurance

bingit · « **Reply #118 on:** February 25, 2014, 12:42:51 AM »

I was driving in Lakewood today and I was hit from behind by a truck and the back window of my van got shattered and then the truck took off I was able to get license plate number and I gave it to the police department and they are looking into it should I wait till I could go straight to his insurance or should I call my insurance which is geiko and tell them about it and will my insurance go up to if this happened to me even though its not my fault ? the police who came to the scene spoke to witnesses who saw that itwas the truck drivers fault.

Saver2000 · « **Reply #119 on:** February 25, 2014, 12:46:36 AM »

If your insurance pays for it, chances are it'll count against you and your rates may go up.

Why would it not go up just bec it isn't your fault?