Question
my 2009 honda
Hi, I got an email saying you already answered my question previously, but I don't see an answer. So here is the question again with an attached photo:
Hello,
I was approaching a four-way stop in my car, and I stopped normally when I had to. The cars to my left and right crossed the intersection, so then it was my turn along with the person across from me to go. I was making a left turn and had my left blinker on, so the person across from me waved me to go. I waved back and started to go, and the intersection looked clear. I'm already doing my turn and pretty much straightened out already when I hear a honk and then a crash into the right side of my car. Apparently, the other car was on my right side at the four-way stop and he was going straight. The operator of that vehicle was one of the nicest men I had ever met, and he had to be in his mid to late 80's. I told him right away that there is no way I am at fault because it was my turn to go at the four-stop and the intersection was clear. The police didn't have any witnesses, so the officer couldn't blatantly state that the man was at fault, but he did tell me that he wrote in the report that it appears as if my car was hit by the other guy after I had already executed the turn. The damage on my car makes it appear that the other driver probably hit my door first, and his car slid across my car and then messed up my fender. Fortunately, my wheel is OK. The damage to his car is only on his left bumper and left fender. It appears a lot less damaging than the damage on my car. Also, both cars seem to have black stains on them, probably tire marks. The ones on my car are on on my right door where the intial impact occurred, and the marks on his car from the tires are just on the corner of the bumper. Now, I am waiting for the police report.
I went to get some estimates of the damage, and it ranges from about $1600(in cash, no insurance) to $2500 at a Honda dealer. My car is a 2009 Honda Civic LX-S. What is the best thing to do? I am a teen driver, and I don't want my rates to go up for something that I know I am NOT responsible for at all. The other guy didn't admit any fault, but he could barely remember some details when the cop was asking for his story. He could barely walk, hear, or write due to his elderly age, so I think that could be a factor in this accident. He even told me that he just recently had surgery on his hip or leg, I'm not exactly sure where. Also, the body shops said that based on the damage and the pictures of his car as well as mine, it looks like he is the one responsible, but what if insurance companies think otherwise?
What options do I have now? If the police report is in my favor, what should I do? And if it offers a 50-50 blame for the accident, what do I do then? I just don't want to be punished for this because this is not my fault. A person at the Honda dealer told me to contact his insurance right away to claim damage if the police report is in my favor, but is that a good idea? Is it up to the insurance companies to determine this case, because maybe it would be better for me if I didn't even report it to insurance. The other guy says he will probably have to report it to his insurance unless I pay him for the damage to his car (which is a lot less than our car, but I still wouldn't do it.)
Thanks for the help, I appreciate it!
AnswerHmmm, I did answer this one. . . but here it is again, there are glitches sometimes. . .
Don't count your chickens before they hatch. The old man might admit fault to his company and you'll have no issues. If he won't admit to being at fault, you could win the case in small claims court. His age and condition (recent surgery) will make it easier. If you have a witness it will help. Just to be fair, I will say that it is almost always the case that there is some negligence on both parties. Could you not have avoided the accident by being a little more observant about who was at the stop signs? Just saying, it is an argument.
As for your rates and having the accident on your record . . . there is nothing you can do about it. Whether you file it with your company or with his, it will likely still show up on a claims history report. Additionally, either way, if it is your first accident, it won't likely affect your rates. If you have an accident, at fault or not, it is still an accident and it increases your risk factor. Sure it makes a difference if you are at fault, but not filing is never the way out unless you can settle quickly and amicably between the parties (unlikely).
As a recap, just file the claim and don't worry about it. Let it run its course. If you can't get paid, visit us on the web and we'll get more detailed into what you can do to save yourself some problems. Information is always free at Petty Details, LLC!
