QuestionQUESTION: I hope I can explain this clearly. I am currently waiting to for USAA insurance to send an independent company to take pictures of my car to help USAA's adjuster determine whether their insured driver was at fault for the accident that damaged my car. In the meantime, I am waiting (trying to be patient#, but in shock that there is even a question about who is at fault. That is why I am hoping for some expert, unbiased advice.
I was driving eastbound, straight ahead on a highway approaching an intersection. There were 4 lanes going in the same direction as I was, a left turn lane, 2 straight lanes, and a right turn lane. I was in the right turn lane, but I was at least 40 feet from the right turn I wanted to make, again going straight in this lane. The light was green ahead so I was driving at a reasonable speed preparing to slow for the turn. There was a gas station on this corner where a corvette was apparently trying to exit the driveway/parking lot of the gas station. The front bumper of her car was slightly out in the turning lane, but the lane was wider than a standard lane; so I had plenty of room to pass by without problems as she waited. The exit of the gas station would make the long part of a T with the short part being the lane I was driving straight ahead in - if that makes sense. She was from out of town and apparently didn't realize that she could not make a left hand turn due to a 6 inch high median in the middle of the road. It appeared to me that she was waiting for traffic to clear to try to make this turn anyway. At the moment that my passenger door passed by the front of her car, she pulled forward #in what looked to me like an attempt to see if she could exit yet). Of course her front bumper impacted my passenger door and scraped the entire length of my car. She immediately backed her car up and I got out of my car in place. She proceeded to apologize telling me she didn't realize her car stuck out that far and thought she had room to move up. When the police officer arrived her story was different. She told the officer that she was sitting still and I hit her car with the side of mine as I passed.
I have called her insurance company, USAA, and was informed by their adjuster that in her statement she said she was stopped and not protruding into the road and somehow I managed to "change lanes" and hit her car with none of the fault being hers.
To me it seems entirely obvious from the damage that it was in fact her fault, and that her version of what happened is not possible. If she was in the driveway exit completely and not protruding, I would have had to "change lanes" (as she said) into the parking lot. It seems very contradictory. Her adjuster is waiting for a company to come take pictures of the damage on my car so she can determine if her insured is at fault, which seems biased to me. So while I am waiting I was hoping for expert opinion to ease my mind or prepare me for what may come. Unfortunately there were no witnesses and she immediately moved her car from where the actual impact took place. Why is it so easy for someone to lie...? I am very frustrated that she could get away with this. What is your opinion on what an adjuster might determine? There is no damage to the front of my car until the middle of the passenger door. The damamge continued across the quarter panel, my wheel and tire, and my back bumper.
ANSWER: Hi Alicia,
Based on your explanation of events, I would have to agree with you. If the damage to your car only starts at the doors it is no possible for you to move sideways. The only plausable explanation is that she moved forward at the moment your doors were in front of her.
Hopefully, the person that USAA is sending out is going to take pictures of both vehicles and has some knowledge of point of impact analysis.
If USAA delays the process much more or they come back with a liability decision that is less than 100% on their insured, you should place the claim with your own insurance company if you have collision coverage. That way you can get your car repaired and your company will fight it out with USAA.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: Hi Richard and Thank You! I do have collision coverage but was hoping to avoid placing the claim through them to avoid any adverse action from my company, like rates going up, etc.
I dont feel that the other driver's adjuster can completely understand why the other driver's story makes no sense without seeing photo of the location the accident happened. I feel like the aerial overview from the google maps image of the accident location would really help me explain where I was and where the other driver was in relation. Also, if her story were true, that would mean my car would have ran up on a concrete curb surrounding a grassy area and most likely hit a light pole. I know that the adjuster has no idea what the scene looked like. Should I trust the adjuster to try to find this information on his own and take it into account or would it be wise to send him the picture and call to explain why it shows their insured driver's story cant be accurate?
The other driver is now saying that I was veering slightly to the right (as if changing lanes) when "I hit" her, thus explaining why only the back half of my car "brushed" her car as I passed. She also stated that her car was not protruding out into the road at all. If both of those statements were true (neither of them are) my car would have ran up on the curb that was on the passenger side of her car. For the damage to continue all the way down my car I would have had to keep going over the curb, onto the grass, and considering the distance, most likely a light pole. I believe the other driver is claiming that she was not at all in the road (ever) because she knows that she was supposed to yield right of way to oncoming traffic when entering the highway.
If she was in the road when she impacted my car, that meant she didnt yield.
Also if her statements I previously mentioned were true, that I hit her car while veering to the right, it seems to me that the damage would have been lighter toward the initial impact area and heavier at the rear of my car. If I had veered right and brushed her car, then corrected my stering to the left it seems the damage would not have continued the entire length of my car.
The damage to my car starts on the lower middle area of my passenger door as only scratches and scuffs, where the door meets the quarter panel the damage is the worst. It is heavily dented and very much paint is missing. The damage to my wheel and tire are less (but the wheel is stronger)and the damage on the lower area of my rear bumper is once again just sctratches and scuffs. This seems to prove to me that she drove forward as I was passing, got the farthest into my car where the damage was the worst, and then started to back up causing the damage to the rear to be lighter. I dont think it would be physically possible to cause the damage to my car in that pattern with her car at a standstill - mostly based on the fact that my car cannot move that way to the side in such a short distance.
Does any of that make sense to you? I truly appreciate your input! I just dont know how much I should try to tell them now or later. The independent claims service came to take photos today. He said she adjuster would get them tomorrow hopefully.
Thanks again!!!!
AnswerHi Alicia,
Yes. You should try to get a googls maps picture of the location. Provide all of your explanations that you gave me. Do not assume that the adjuster will do any independent investigating. They usually won't. The will simply make a decision based on the driver statements. At least in this case they did order photos. But the more explanation and argument you can provide the harder it will be for them to believe their insured.
Good Luck.
Richard Hixenbaugh
