Car got rammed into, need help!

[annie5361]

Thanks guys!

[chkolny541]

Originally posted by annie5361
because the tire and rim was damaged from AVOIDING her, she still has the obligation to pay right?

negative, she doesnt have to pay shit, she only has to cover that scratch or whatever she directly caused. the rim and anything else will be covered by you

so if it goes through her insurance i don think youll get anything, (besides the scratch),

you need to settle privately with her, al least something is better than nothing

[euphoria]

Originally posted by chkolny541


negative, she doesnt have to pay shit, she only has to cover that scratch or whatever she directly caused. the rim and anything else will be covered by you

so if it goes through her insurance i don think youll get anything, (besides the scratch),

you need to settle privately with her, al least something is better than nothing

I remember reading a thread not too long ago where the same thing happened to another Beyond member. Unless the contact from her car caused you to curb your rims, she doesn't need to pay jack shit unfortunately.

[C_Dave45]

Pm'd. Phone your insurance company, file an accident report. They'll give you proper information.

[Q-TIP]

No, you should be covered. If her actions are directly responsible for causing the damage to your car she will have to pay damages. If you damage your vehicle in an attempt to avoid contact with a vehicle that hits you anyways, it is the same as if the vehicle had shoved you into the barrier.

You would be less likely to get covered if you had done nothing to avoid the collision as it would have been taken as an attempt to ensure a collision. A friend of mine got cut off on his motorcycle and clamped on the front brake causing his bike to go down. She didn't physically hit him at all but witness statements indicated that she was the reason for his emergency braking maneuver and her insurance company paid the whole tab.

[syeve]

I would say it would be pretty easy to lay blame on your damaged rim etc on her hitting you. Like mentioned above, get in touch with your insurance co. They will know exactly what to do.

[bourge73]

dont even mess around and go the private way, this is why you have insurance, best left to the pros.

[Mibz]

No, you should be covered. If her actions are directly responsible for causing the damage to your car she will have to pay damages. If you damage your vehicle in an attempt to avoid contact with a vehicle that hits you anyways, it is the same as if the vehicle had shoved you into the barrier.

Have any experience to back this up? In every case I've seen, damage caused by avoiding another car is your own fault.

[tom_9109]

If she hit you and she pushed you into the curb, she's responsible. Had she not hit you and you hit the curb it would be tough to hold her liable even though it seems you should be able to. Providing she tells insurance the truth about changing lanes I'd say theres no question that all related damages should be covered.

If the adjusters give you trouble over the wheel (and the alignment you need) say something to this effect.


'The proximate cause of the loss is the other driver illegally changing lanes and colliding with your vehicle and pushing you into the curb. It was a single, unbroken chain of events leading to the damages on the right side and the left wheel of your vehicle.'

[DayGlow]

Car got rammed into, need help!

The side she hit wasnt damaged at all, except for this really small scratch

[FraserB]

So you got "rammed" and only wound up with a small scratch? Sounds like you got brushed and over-corrected. I'd say that you are out of luck since the insurance adjusters are not idiots and will only cover the scratch. Get a quote for the scratch, have her pay that. Then take whatever you can get from her privately for the damage you caused, it will be more than insurance gives you.

[Q-TIP]

Originally posted by Mibz
Have any experience to back this up? In every case I've seen, damage caused by avoiding another car is your own fault.

She still hit him meaning that his avoidance can be proven to be necessary but was inadequate to avoid contact.

I gave you experience to back that up in the very same post you quoted. Beyond that he was still hit, therefore it is inarguable that she caused the damage to his vehicle.

[Mibz]

Originally posted by Q-TIP
I gave you experience to back that up in the very same post you quoted. Beyond that he was still hit, therefore it is inarguable that she caused the damage to his vehicle.

Haha, so you did, I'm blind, sorry.

[dexlargo]

Why do you care if the damage is your fault or hers? Report it to your insurance and let them sort it out. Tell them the whole story and give them the name of your witness. When they sort things out between the insurance companies, the way they decide who is at fault isn't always the way we would do it, and I wouldn't try to predict what the result will be.

I used to work at an insurance company - not as an adjuster, but I ate lunch with them every day. They told me that they had agreements with other insurance companies for determining who was at fault - for example, if one person was in reverse and the other wasn't, the one in reverse is always at fault. They do this so that they don't waste time and money fighting with each other on who is at fault. They have thousands of these types of things to decide with the other companies, so it works out for them in the end.

The only difference if the damage is your fault or hers is that your insurance might go up a bit. What's the point in having insurance if you don't use it when insured damage occurs?

[annie5361]

Heey Guys!
thanks for all the advice! it really helped! I was able to resolve it with her privately and she agreed to pay the rims so thats a good thing!

yah i know i totally said "rammed" but i was hoping that would attract people to look at my thread and give me suggestions LOL
thanks anyways guys!

[97'Scort]

Originally posted by annie5361
Heey Guys!
thanks for all the advice! it really helped! I was able to resolve it with her privately and she agreed to pay the rims so thats a good thing!

yah i know i totally said "rammed" but i was hoping that would attract people to look at my thread and give me suggestions LOL
thanks anyways guys!

Agreeing to pay and actually having cash in hand are two different things. Get it in writing!