Got hit... wtfff

[mdl]

I went home for my lunch break today and on my way back I took this small pass that is 3 lanes. I signal into the farthest right then into the middle lane. I drive for a good 5 feet, then I look over and this lady in a Lexis blows off the farthest right and goes right into the middle where I am. I slow waaaaay down as I see her coming, thinking yes she is an idiot and she just wants to get in front of me. No..she turns sharper and goes right under my rear passenger side door and her front wheel turns and kind of blocks my rear tire from moving.

I get a small piece of my wheel well bent and scratched with white paint and she gets her mirror all messed up.

Heres where it is probably my bad... but not really related to the accident fault. I get out and start flipping out at the lady. I drop an eff here and an eff there. She is just sitting there... Just staring forward.. OMG just put it in reverse and get out from under my jeep lady! ...She does and then she frigging drives up the road. I thought she was frigging driving away but she stops far up ahead. I see a cop and signal him over, explain what happened, tell him I need his help. We go over to the lady and she is just spouting BS here and there. The cop just tells her to shut it or he will have to cite her. He writes up an accident report and gets on his way.


I go back to work, all is well. I come home and there is a fawkin message on my answering machine from her husband calling for my ..mother? wtff. Turns out he thought I was some punk ass kid who lives under his mothers control and thought if he calls her that she will go spank me or something. The message said that I tried to pass her illegally on the right. Hmm. Think about this. How could I have damaged her drivers side mirror, and she damage my passenger side rear wheel well if I was passing her illegally on the right.

wtffffff

The husband wants me to call and apologies for me swearing at his wife or he will file an accident report against me for the accident.

Should I call and appologise? I really don't feel like it... I say let him screw himself with insurance if he files it with that retarded excuse for a report. Anyone with brains can say that its BS and it just couldn't have physically happened like that.

Some people are so frigging retarded.

/rant

[Beej]

Calm down first.

Then write out everything as best you can remember it in short, complete, factual statements.

Describe the surroundings, traffic, weather conditions, where it happened what led up to it. Where you were coming from and where you were going, etc, etc. The more detail the better. The fresher it is, the better the information will be and it will prevent you from colluding it after the fact with hazy memories. Find any witnesses you can to the accident as well. The more the better. Get their statements if possible as well.

Once you have a very clear picture of what happened, call him and apologize for using the language you did (don't apologize for the accident in any way). Explain why you said it, tell him you understand that she must have been frightened of you and you are sorry about that. This will disarm his anger about how his wife was treated and will eliminate his perception of you as a threat. Once that is done, explain politely how it happened and what you involvement was. Unless he's a nut case himself, he will be much more favourable towards you once he's emotionally subdued.

This will be a start to handling this in the least restrictive/confrontative way possible...

[rocklandxjer]

call him and appologize for the language but not for hitting her and explain that it was HER fault, not yours and use facts to back it up (like the mirror and the damage to yours)


let him call, dont concede. chances are heel realize hes wrong and will only be doing himself in and wont call anyways.

rich ass hats think they can do anything


edit:
dammit beej you beat me to it

[5-90]

While you probably shouldn't have "flown off the handle" at her (not criticising tho - I have the same fault...) perhaps he should bear in mind that...

1) You already have an accident report on file. She narrowly avoided a citation as well, did she not?

2) The damage will tell its own story. You can't run into someone and damage the centre side of your vehicle - it will usually be centre front, centre rear, or one of the four corners.

3) Given that your damage was all under the right-hand door, there's no way on God's green Earth that you could have hit her.

However (and your insurance agent will probably tell you the same thing,) do not take it upon yourself to talk to them. It is possible that apologising for swearing will be construed as apologising for the accident, which will transfer fault to you. If you do decide to speak to them directly, do so in the presence of one or both claims adjusters/insurance agents so that there is no misunderstanding. Elsewise, let your adjuster handle all comms - that's what you pay him for. (Don't ask how I know this - just be glad that I do.)

Otherwise, you may want to write out your apology (for swearing,) have your agent review it to back up that you are not accepting fault for the incident as a whole (merely for losing your cool,) and then mail it to them. You might even go so far as to have your adjuster include a note with your apology saying that you're not accepting fault for the incident - just for losing your cool - and that investigations are therefore still underway.

While you're about it, you're going to want to go talk to your adjuster soon, while the details are still fresh in your mind. A good habit is to write down the details of the incident as soon as possible afterwards (you do keep a pen and paper in your rig, don't you? Why not...?) and have that with you when you go in. In practise, it's best to go to your adjuster withing 48 hours, and you should write down the details (not a narrative - just details. It can be disjointed - you're just coming up with a memory aid) within an hour or so.

Meanwhile, do not call them - that's what your adjuster is paid for. Have him review any personal comms before they go out. I'm not going to say you're justified in blowing your lid (we rarely are, but that's another matter...) but don't have it result in something that could work against you later. He's probably bluffing, and the best way to handle that is not to (I've been through this before as well...)

5-90

[5-90]

Calm down first.

Then write out everything as best you can remember it in short, complete, factual statements.

Describe the surroundings, traffic, weather conditions, where it happened what led up to it. Where you were coming from and where you were going, etc, etc. The more detail the better. The fresher it is, the better the information will be and it will prevent you from colluding it after the fact with hazy memories. Find any witnesses you can to the accident as well. The more the better. Get their statements if possible as well.

Once you have a very clear picture of what happened, call him and apologize for using the language you did (don't apologize for the accident in any way). Explain why you said it, tell him you understand that she must have been frightened of you and you are sorry about that. This will disarm his anger about how his wife was treated and will eliminate his perception of you as a threat. Once that is done, explain politely how it happened and what you involvement was. Unless he's a nut case himself, he will be much more favourable towards you once he's emotionally subdued.

This will be a start to handling this in the least restrictive/confrontative way possible...

Good advice - and it looks familiar. Just remember, there are no "insignificant details" when you do this - just facts that may not get used. Write down everything.

5-90

[rocklandxjer]

good idea, as always.

yea id call and tell him you want to set up a meeting with both of your claims adjusters, and then say "good day"

[mdl]

Thanks for help guys, I'll get on it ASAP.

[RichP]

I've always found the best reaction to someone running into me is get out of the jeep and go sit on the hood while waiting for the cops. When my son got hit head on with his YJ and driven back 25+ft with his brakes locked thats what he did. Cop got there and had to walk over to him, he ended up standing on the skid marks as the woman tried to blame him, he never said a word, just pointed at the damage and skid marks, end of discussion...she got the ticket, two wreckers to remove her big bucks import and he just got back in his YJ and drove home... Never pays to loose your cool, ever...

[mrrbby]

I've always found the best reaction to someone running into me is get out of the jeep and go sit on the hood while waiting for the cops. When my son got hit head on with his YJ and driven back 25+ft with his brakes locked thats what he did. Cop got there and had to walk over to him, he ended up standing on the skid marks as the woman tried to blame him, he never said a word, just pointed at the damage and skid marks, end of discussion...she got the ticket, two wreckers to remove her big bucks import and he just got back in his YJ and drove home... Never pays to loose your cool, ever...

x2 I've been rear ended twice by people driving expensive cars not paying attention. The best thing you can do is remain calm. There is nothing to be gained by becoming confrontational. It will only make matters worse.

The first time it was a young kid with no license and insurance driving a bmw. Totaled my truck, my insurance covered it. Probably wasn't too happy about the $1700.00 bill he got for my $450.00 truck. As an added bonus, it killed his bmw. He just had it repaired from the last accident.

The second time, a business man driving a mercedes coupe wasn't paying attention and hit me at a traffic light. It messed up his grill and lights. Didn't do anything to my Plymouth Acclaim.:roll: I don't think that he reported it. I saw him a week later, and all he did was pull out the grill. Teach him to talk on his cell and drive in traffic.:D

The first accident, the police officer assumed that I was the one with no insurance. You know, if you are driving a rust bucket/beat car, you don't have insurance/can't drive. I just kept my mouth shut, and presented my information. Besides, you never know who's carrying a gun...and insurance will repair/replace the vehicle. Not worth blowing up over. In this case, the police showed up a couple of minutes after the collision. Doesn't always work out that way.

Good luck with getting your jeep repaired. Getting my ramcharger paid for was a PITA. At least the person who hit you had insurance.

[UNCC_99XJ]

While you probably shouldn't have "flown off the handle" at her (not criticising tho - I have the same fault...) perhaps he should bear in mind that...

1) You already have an accident report on file. She narrowly avoided a citation as well, did she not?

2) The damage will tell its own story. You can't run into someone and damage the centre side of your vehicle - it will usually be centre front, centre rear, or one of the four corners.

3) Given that your damage was all under the right-hand door, there's no way on God's green Earth that you could have hit her.

However (and your insurance agent will probably tell you the same thing,) do not take it upon yourself to talk to them. It is possible that apologising for swearing will be construed as apologising for the accident, which will transfer fault to you. If you do decide to speak to them directly, do so in the presence of one or both claims adjusters/insurance agents so that there is no misunderstanding. Elsewise, let your adjuster handle all comms - that's what you pay him for. (Don't ask how I know this - just be glad that I do.)

Otherwise, you may want to write out your apology (for swearing,) have your agent review it to back up that you are not accepting fault for the incident as a whole (merely for losing your cool,) and then mail it to them. You might even go so far as to have your adjuster include a note with your apology saying that you're not accepting fault for the incident - just for losing your cool - and that investigations are therefore still underway.

While you're about it, you're going to want to go talk to your adjuster soon, while the details are still fresh in your mind. A good habit is to write down the details of the incident as soon as possible afterwards (you do keep a pen and paper in your rig, don't you? Why not...?) and have that with you when you go in. In practise, it's best to go to your adjuster withing 48 hours, and you should write down the details (not a narrative - just details. It can be disjointed - you're just coming up with a memory aid) within an hour or so.

Meanwhile, do not call them - that's what your adjuster is paid for. Have him review any personal comms before they go out. I'm not going to say you're justified in blowing your lid (we rarely are, but that's another matter...) but don't have it result in something that could work against you later. He's probably bluffing, and the best way to handle that is not to (I've been through this before as well...)

5-90


xInfinity!

also, pictures pictures pictures pictures pictures!!!! I learned one big thing from when i was in my accident back in Jan., ALWAYS keep a disposable camera in your glove box. I've got one in both Jeeps now and will always have one in any vehicle I own. In the future if you are ever in another accident (god forbid), if you can get out, grab that camera and start taking pictures of EVERYTHING....the scene, where the vehicles are sitting in the road, the general area around the accident scene (country road vs. heavily traveled city streets etc), damage to the vehicles, and if the vehicles are stuck together from the impact, snap some pics of them stuck together...this will come in very handy when it comes time for insurance companies to make the call, and if the other party attempts to say its your fault and its clearly not.

going awall was probably not the best thing for you to do, but i'm guilty of it myself. It's hard to see the things you work so hard for get damaged by some careless moroon.

[jmowens]

xInfinity!

also, pictures pictures pictures pictures pictures!!!! I learned one big thing from when i was in my accident back in Jan., ALWAYS keep a disposable camera in your glove box. I've got one in both Jeeps now and will always have one in any vehicle I own. In the future if you are ever in another accident (god forbid), if you can get out, grab that camera and start taking pictures of EVERYTHING....the scene, where the vehicles are sitting in the road, the general area around the accident scene (country road vs. heavily traveled city streets etc), damage to the vehicles, and if the vehicles are stuck together from the impact, snap some pics of them stuck together...this will come in very handy when it comes time for insurance companies to make the call, and if the other party attempts to say its your fault and its clearly not.going awall was probably not the best thing for you to do, but i'm guilty of it myself. It's hard to see the things you work so hard for get damaged by some careless moroon.

This is one of the few reasons that I actually like cell phone cameras! Last time I got hit (by an off duty Sherrif's deputy, no less), I had taken like 10 pics b4 the cops got there! Thought it might be a good idea to have visual proof, since he was "one of them". It worked out fine, though.

It's been said a couple of times, but absolutely DO NOT CALL HIM!!! Let his insurance deal with yours... maybe you shouldn't have gone off on her, but she shouldn't have hit you!! And she hasn't apologized for wreaking your XJ, has she?!?

[UNCC_99XJ]

This is one of the few reasons that I actually like cell phone cameras! Last time I got hit (by an off duty Sherrif's deputy, no less), I had taken like 10 pics b4 the cops got there! Thought it might be a good idea to have visual proof, since he was "one of them". It worked out fine, though.

It's been said a couple of times, but absolutely DO NOT CALL HIM!!! Let his insurance deal with yours... maybe you shouldn't have gone off on her, but she shouldn't have hit you!! And she hasn't apologized for wreaking your XJ, has she?!?

Yeah. In my case the accident occured in the school parking lot...about half a mile from my house. When my mom got there i took her Jeep and ran home to grab the digital camera. I bet i had about 20 pictures with in 5 minutes of getting back. This was all after the police had shown up and filed the report and all. we were just waiting on the wrecker. I called my buddy right after the accident and told him to come back to school with his camera, and we had about 20-30 more in about 5 minutes or so on his camera....didn't have a camera phone at the time.

but anyways, definately keepin a disposable camera in the glove box of any vehicle I drive from now on.

[5-90]

This is one of the few reasons that I actually like cell phone cameras! Last time I got hit (by an off duty Sherrif's deputy, no less), I had taken like 10 pics b4 the cops got there! Thought it might be a good idea to have visual proof, since he was "one of them". It worked out fine, though.

It's been said a couple of times, but absolutely DO NOT CALL HIM!!! Let his insurance deal with yours... maybe you shouldn't have gone off on her, but she shouldn't have hit you!! And she hasn't apologized for wreaking your XJ, has she?!?

I wouldn't quite go that far. After all, he shouldn't have blown his stack (not that I'm going to get on my high horse - I tend to do the same thing when someone does something either willfully stupid or just plain ig'nant.) Yes, he should apologise for blowing his top afterward, but that apology either should be reviewed before sending (in writing,) or should take place after the claim is settled. And, in no wise should he speak directly with the other party without an "official" witness being present, and thoroly explaining exactly what is being apologised for.

It is fortunate that mdl is being granted an opportunity to learn from other people's mistakes (ours!) and I hope he takes it...

The first time someone played "bumper tag" with me, I blew up and it took two years to resolve. Now, I take RichP's approach - I just sit and wait. I've also been through the "no smoke English" approach - an advantage is that I tend to at least recognise most common languages, and I can request a cop here that speaks it - or something close to it (came in handy when I got bumped by that Korean lady years ago. And I wasn't even moving... You should have seen her eyes when the cop switched from English to Korean on her... No license/insurance? Hell - she wasn't even supposed to be in the country! Her husband lost his H1-B, they both got deported, and my UIM covered it all without a rise in premiums...)

5-90

[djblade311]

x30. Do NOT call them and apologize for anything...they could even be like James Bond and record your apology for swearing etc and manipulate it to sound like you are admitting fault.

[ScorpionBoy]

i agree with others. do not call. have no contact with them whatsoever. let insurance follow up.

[5-90]

x30. Do NOT call them and apologize for anything...they could even be like James Bond and record your apology for swearing etc and manipulate it to sound like you are admitting fault.

Small problem - surreptitous recordings of telephone conversations are inadmissable as evidence in ANYTHING. In order to make it a useful recording, you have to tell the other party you're recording (on the recording!) and get their permission to proceed.

Granted, I tend to talk like I'm being recorded anyhow, which is why it takes me just a moment to respond (I'm organising my thoughts.) In case you were wondering, I've had that pulled on me as well...

5-90

[GSequoia]

Granted, I tend to talk like I'm being recorded anyhow,

You are being recorded.

http://upload.wikimedia.org/wikipedia/commons/9/99/National_Security_Agency_seal.png

MDL - I agree with the others who say keep it shut and let insurance handle it. With the way they've handled it thus far I would not accept any back door deals they may offer no matter how tempting they may be.