Fender bender but no report written

[gravitylover]

Well sorta, incident report for the call but no accident report. This thread might mt girl soon

Long story short- The other vehicle went "underneath" me on the right to make a right on red but there's no turn lane there, plenty of room for one though so people make it one, so I didn't look that way to see if there was anybody scootin' around me. Leading up to the intersection there were no headlights behind me so I wasn't expecting anyone to be there so I was looking to my left to ensure a safe right turn. I was clearly in front of the other vehicle seeing as the hit occurred from the trailing edge of my wheel well and along the entire side of my rig to the rear well.

I was trying to keep it out of the purview of dmv and ins. and the other party agreed because the kid is 22. Now I'm thinking that I can skate because he didn't belong there and I can say to the dad (who showed up before the leo) that since it's his kids fault does he really want to push the issue. That didn't occur to me earlier, what did was keeping Johnny Law out of the picture because it was a long day, raining hard and I was flustered or I probably would've told him to suck it and had the report filed to get the damage to my rig fixed. After all is said and done best case now is I get to slide. Can that happen or is dad gonna be a problem?

Actually, if he wants to be a pita maybe I can push the issue and still get him to pay for my damages :iono:

[shroom]

im hella confused at your happiness but also kinda hella baked

[wooley12]

Cops have better things to do with no one hurt. Unless you have some POS internet ins. co., call your agent in the morning and report it. Or call the POS internet co. Then you will tell your tale a few more times to your ins. co. You didn't change lanes? They were wrong. You live in NY so you should have a decent policy. Yes they can try to be assholes. Been there twice. I'm 2 and 0. Any pictures? Take some.

[gravitylover]

I got a better look at things this morning when it wasn't raining. There is just barely room for somebody to make their own right turn lane at that intersection. If he wasn't driving a Jeep (or similar) I don' t think he would have made that move because the edge of the road is really rough right there. I watched a half dozen cars make the same turn and not a single one looked over their shoulder to see if a car was trying to sneak around them to short cut the turn and make the right on red. I mean really, why would you look when nobody is supposed to be there? I feel like I drove into him but if he was in the wrong place am I actually the one at fault?

.

[Rubicon]

Check your local laws before you do any pushing on the issue. In some states if you leave enough space on your right for a vehicle to squeeze in, technically you turned from the wrong lane(not looking before you turned is going to be a problem as well). If that's the case it doesn't mean the other vehicle wasn't at fault but it could mean that fault is apportioned a certain % to each of you(40% to you and 60% to him, ect). and your ins may having to cover some of his damages, depending on the local laws and the details of the case.

On another note, you could just not be an asshole and stick with the agreement you made with the dad.

[ex-powderbroker]

I don't get it. The kid was in the wrong if it's not a lane and his front hit your side. Was your blinker on too? That would be open and closed. What did you hope to get out of it leaving the cops out? That you'd each fix your vehicles? You were going to fix his?

Sorry about your ride.

[gravitylover]

rubicon - That's what I'm trying to determine and if it's happened at that corner before what the result was. Like I said there really isn't much room and he had to have hung his tires off the edge of the pavement or damn near.

ml- Hoping to keep ins companies out of the picture because it's an older truck and I have a pretty high deductible on it and it looked like there was minimal damage to the Jeep. I honestly don't know if my blinker was on. I'm usually really careful in that town because the local pd is on their game but it was late, raining and there was nobody around so I could have gotten sloppy.

[Caucasian Asian]

Sounds like a Russian dash cam video.

[Conundrum]

Did you have your blinker on? Tell the dad you did and there shouldn't be any issue. When you call your insurance agent, tell him you had your blinker on too. Whether or not it's legal there to turn right when there's no lane, it's not legal to try to pass on the right when someone is turning right which would be the case with your blinker on. It's your word against a 22 yo. My dad drove semis and a car tried to do the same thing. My dad drove over the hood of the car and almost crushed the lady's legs with the trailer. Cop cited the lady because there was no turn lane and she was in his blind spot and he had his blinker on. The trailer even says "caution, vehicle make wide right turns" and has a picture of a car getting ran over in the exact situation she put herself in. Lady filed a civil suit and the judge threw it out. I guess a good reason to carry more than legal liability on your car if you are going to be a shitty driver.

[Plainview]

WTF, why would you try to keep the ins. out of it? He's at fault, his insurance will have to pay up. But, without bringing the popo in to file a report you just made things a lot harder on yourself.

[Tri-Ungulate]

Wage garnishing forum jong.

We really do need one to go along with the Bullfighting Forum.

[Aldo]

Durango?

[gravitylover]

Yup.

Well ,dad tossed a silly high estimate at me so I called my ins. and it looks like the kids gonna have a bad time now. One lane intersection, he went around to the right where there is no lane = he loses. Turns out signal or not doesn't matter because he wasn't supposed to be there.

[jgb@etree]

Story is confusing. You just decided to let it slide? Why would the cost of damages to his car be at all relevant to you? Tell dear old Dad to cough up the $$ to repair your rig, otherwise he can deal with his insurance premiums. Easy peasy.

[Danno]

what did you originally tell dad at the scene? That you would pay for the damage?

[shroom]

there is more pizza than french fry at this time

[Tippster]

im hella confused at your happiness but also kinda hella baked

Your double use of the term "hella" made that obvious.

[DasBlunt]

you don't pay the deductible if it is NOT your fault. they pay it.

[LongShortLong]

https://www.dmv.ca.gov/portal/dmv/de...ubs/hdbk/turns

Right turns–To make a right turn, drive close to the right edge of the road. If there is a bike lane, drive into the bike lane no more than 200 feet before the turn. Watch for bicyclists or motorcyclists who may get between your vehicle and the curb.

Suggests the kid was in the right, though it doesn't specifically address whether two cars can share the lane (when there's no bike lane). It's common practice to share around here. Earlier someone mentioned this varies by state.

[RShea]

Never make any statement at an accident scene as to who is at fault, even if you know it was not you that was in the wrong. May depend on things like if there were lines on the right side of the road, and some other points. If there was no lane and he pulled over on the side berm basically to make the turn and you were in the lane- especially if you had your turn signal on as stated above, then insurance companies will take statements, determine some of the details and then come back with a breakdown on who pays for what. If the kids dad does not want to believe they owe you the repairs and pay you the estimated damage, then time to involve your insurance company to go to bat for you.

[Aldo]

without pictures of your damage it didnt happen, what's your deductible.

[Harry]

No cops. No photos. U R fuct.

[mtngirl79]

If you were driving a truck and trailer and made a turn without checking for idiots, it's definitely your fault, especially if you didn't use a turn signal...

[old goat]

Police report is nice if the cop agrees with you, not so nice if they don't, and the cop doesn't always make the right call. If no police report insurance will rely on witnesses unless fault is unequivocal. If no witnesses they will try to assign you blame so they can raise your rates and so neither company has to cover the deductible. If you both have the same insurer you're definitely screwed. My wife was t boned at an intersection with no stop or yield sign by a car coming from her left. The other guys fault--she had right of way AND got into intersection first, but both cars had State Farm so blame 50-50.
There is no requirement to call the cops for minor accident and they probably won't come if you call them.

[gravitylover]

^^ That was a big part of why I didn't want a report written. The officer showed up at the same time as the parents and greeted the kid by name. My impression was that they know each other and no matter what was said I would come out on the wrong side of things. Different insurance companies too so that wasn't a concern. No deductible to worry about on my end, the truck was a bargain and it's ten years old so I decided not to carry collision on it.

As of now it looks like my ins. co. has decided that it is at least 90% the other drivers fault and since no citations were issued it may end up totally his fault for passing on the right in a single lane intersection.