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Cad

Cad

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Rajaah said:
Got an insurance/maybe legal? question for Cad Cad or anyone else.

Had a sideswipe incident in my car a few weeks ago. Nobody knows how to let anyone merge around here. I was pulling from left lane to right lane with my blinker on and the guy in the right lane was speeding so he went from way behind me to right up where I was in like a second without stopping (I guess to block me from getting over), and in the process he knocked off my front passenger bumper. Said it was my fault for changing lanes but we just kinda agreed to let insurance deal with it. Police weren't called because we were both kind of whatever at the time, I just wanted to get back to my place and he just wanted to get back to his work delivery.

Personally I would say it was 50/50 on blame, I deserve at least 50% of the blame for not being careful enough changing lanes (and accounting for other people speeding up) but the other guy deserves some for driving like an asshole and speeding on what is more or less a residential street. Going to guess he sped up to about 45+ MPH on a street where the speed limit is 30.

In any case, now that I've explained the situation, the question: Got a letter in the mail from the other guy's insurance company Arbella. Actually, he was driving a work truck so I'm guessing it's the business' insurance company. The letter basically says that they're trying to make a judgment on the incident and need my side of the story, with a form enclosed for me to fill out telling them my version of what happened.

Now I'm thinking this is fine, I'll tell them what happened and they'll figure out who pays what for their repair, between their insurance and my insurance. I've got Geico and they cover up to 10k in repairs for another vehicle under this circumstance, so hopefully I won't actually have to shell out anything over this.

However my mom tells me I should ignore their letter and not respond to it, just let the insurance companies deal with it. She said that if I fill the form out and give them any information at all they'll use it against me. Essentially, that it isn't a "we need your side of the story" so much as them digging for anything they can stick me on (aka try to make me pay for it so they don't have to). But I feel like if I don't answer, THAT will probably get me sued more than answering it will. Either way I'd be honest with them about what happened and I'm sure they could pick it apart to cast me in the wrong for changing lanes.

I think my mom is wrong, but often when I think she's wrong she turns out to be right. So uh should I answer this insurance questionnaire or what?
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Ideally I would tell you that I would call and speak to the insurance company for you. Failing that, yes you can call and talk to them, but bear in mind that your mom is not wrong; they will be looking for anything they can to deny your claim. However, also like you pointed out, they're going to deny it for sure if the other guy's statement is the only one they have. You're not likely to get sued over a property damage only case.

I'd call and talk to the insurance company and just give them the facts of the accident, nothing more nothing less. You're probably overthinking a very minor accident.
 
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Rais

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I work for one of those insurances. Don’t say shit to the other company and let Geico know what happened. If you were in the lane or mostly in the lane state it. You’re pretty fucked with only 10k pd limits. You need to get that increased. Geico will defend you in court. If you’re at fault and they feel that way then they will cover up to 10k and if it’s more will ask you if you can cover the rest. If they say the other party is at fault they will tell the other insurance company to pound sand and take it to arbitration and fight it out.

tldr don’t respond and let Geico protect you. If you want you can show me photos of the damages on your car and if you have of the truck. I can give you a good idea what will roll out.
 
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Sludig

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It's Rajaah, so I'm going to kinda assume it's on him. If just by the story that apparently the damage is only/primarily the front bumper?? Then sounds like he did the sideswiping technically whether the other guy was speeding or not.
 
Burns

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AFAIK, the speeding doesn't matter if the other guy was completely in the lane. I think the official law is if you are in the lane for 2 seconds, you have right of way? Anyone merging into you is then at fault.

I had a similar, somewhat more severe accident in high school:
The left lane was backed up for 30+ car lengths due to all the people needing to make the left turn. Since I was turning right and there was sparse traffic in my lane, I was going 5 to 10 over the 40 mph speed limit down the right lane. Some lady got sick of sitting in the stopped left lane and switched into my lane as I was passing. Half of her van was in my lane, and I ran into her FRONT passenger side wheel. It totaled my cheep-ish car and maybe her van. She was ruled 100% at fault.​
 
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Rajaah

Rajaah

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Rais said:
I work for one of those insurances. Don’t say shit to the other company and let Geico know what happened. If you were in the lane or mostly in the lane state it. You’re pretty fucked with only 10k pd limits. You need to get that increased. Geico will defend you in court. If you’re at fault and they feel that way then they will cover up to 10k and if it’s more will ask you if you can cover the rest. If they say the other party is at fault they will tell the other insurance company to pound sand and take it to arbitration and fight it out.

tldr don’t respond and let Geico protect you. If you want you can show me photos of the damages on your car and if you have of the truck. I can give you a good idea what will roll out.
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I'll see if I can get the 10k limit raised. Already added a few new things to it this week like rental car coverage. When I first got Geico I went with probably the most barebones plan to cut corners and save money, now I'm just throwing more things on there left and right because it's not worth it to leave yourself exposed.

I'll post some damage pictures tomorrow if I've got time, I did take a bunch on the phone.

Sludig said:
It's Rajaah, so I'm going to kinda assume it's on him. If just by the story that apparently the damage is only/primarily the front bumper?? Then sounds like he did the sideswiping technically whether the other guy was speeding or not.
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f u

Yeah, I was in his lane, so I guess I did the sideswiping. I'd take at least half the responsibility for it, maybe even more like 75%.

Burns said:
AFAIK, the speeding doesn't matter if the other guy was completely in the lane. I think the official law is if you are in the lane for 2 seconds, you have right of way? Anyone merging into you is then at fault.

I had a similar, somewhat more severe accident in high school:
The left lane was backed up for 30+ car lengths due to all the people needing to make the left turn. Since I was turning right and there was sparse traffic in my lane, I was going 5 to 10 over the 40 mph speed limit down the right lane. Some lady got sick of sitting in the stopped left lane and switched into my lane as I was passing. Half of her van was in my lane, and I ran into her FRONT passenger side wheel. It totaled my cheep-ish car and maybe her van. She was ruled 100% at fault.​
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Sounds like I'm pretty hosed if things go south.

Cad said:
Ideally I would tell you that I would call and speak to the insurance company for you. Failing that, yes you can call and talk to them, but bear in mind that your mom is not wrong; they will be looking for anything they can to deny your claim. However, also like you pointed out, they're going to deny it for sure if the other guy's statement is the only one they have. You're not likely to get sued over a property damage only case.

I'd call and talk to the insurance company and just give them the facts of the accident, nothing more nothing less. You're probably overthinking a very minor accident.
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Yeah, I already told Geico the whole deal. They didn't even suggest getting the other insurance company to pay for it, they just said they'd cover my repair (sans 1k) and cover up to 10k for the other side.

My repair is roughly $3k I believe and I took way more damage than the other vehicle did so at the very least I probably won't have to shell out anything. Premium is definitely going up next year though.

Kinda frustrating to go years without bumping anything and then have one quick mishap cause all kinds of problems, that's driving for you though.
 
Rajaah

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Sanrith Descartes said:
"Failure to maintain your lane".
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That explains why people here are so incredibly douchey about not letting other people merge, speeding up to block them and whatnot even in slow-moving traffic. It's because if they bump, it's the other person's fault. Probably adds to their raging entitlement at blocking anyone else from getting in mid-merge.

Under that rule it's safe to say I'm 100% at fault in the eyes of traffic rules, if 50-75% at fault in actuality.

Ignoring the letter from the other insurance company in any case, and notifying Geico. Forgot to post pictures over the weekend, here they are. First one is my car, second one is their trailer:

car.jpg


20230601_171641.jpg
 
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ToeMissile

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Not a great pic of their vehicle(some kind of trailer?) to see where the impact first happened, but it looks like they were already beside you when you started to move over.
 
Sanrith Descartes

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ToeMissile said:
Not a great pic of their vehicle(some kind of trailer?) to see where the impact first happened, but it looks like they were already beside you when you started to move over.
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I picture Rajaah Rajaah hitting his blinker, seeing the trailer already occupying the space he wanted and screaming "Leeerrrrooooyyy Jenkins" and merging anyway with the gas pedal to the floor.
 
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Burns

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Sanrith Descartes said:
I picture Rajaah Rajaah hitting his blinker, seeing the trailer already occupying the space he wanted and screaming "Leeerrrrooooyyy Jenkins" and merging anyway with the gas pedal to the floor.
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Well, he meant to hit the truck, but it accelerated quickly and ended up hitting the trailer instead.
 
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Ortega

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ToeMissile said:
Not a great pic of their vehicle(some kind of trailer?) to see where the impact first happened, but it looks like they were already beside you when you started to move over.
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As someone who hauls around 24 foot cargo trailers and 14 foot dump trailers often I can tell you he seems 100% at fault to me.

Poor guy with the red trailer is likely driving around with 40-50 ft of vehicle and has to contend with people trying to speed past him even if he's going to the speed limit (because every trailer is slow ya know...) and then dipshits like Rajaah who just expect everyone to move out of their way when their merging onto the road instead of thinking two seconds ahead. Who's to say what was next to the truck/trailer dude? Likely he couldn't just "get over" and he's not obligated to slow down for someone entering the roadway, so how is he 50% at fault? Insanity.
 
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Lanx

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Rajaah said:
That explains why people here are so incredibly douchey about not letting other people merge, speeding up to block them and whatnot even in slow-moving traffic. It's because if they bump, it's the other person's fault. Probably adds to their raging entitlement at blocking anyone else from getting in mid-merge.

Under that rule it's safe to say I'm 100% at fault in the eyes of traffic rules, if 50-75% at fault in actuality.

Ignoring the letter from the other insurance company in any case, and notifying Geico. Forgot to post pictures over the weekend, here they are. First one is my car, second one is their trailer:



View attachment 478877
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fyi, your chrome bumper is gonna dox you, if you care,

also gonna say, in ny, you'd be 100% at fault, you picked the wrong guy to merge in front of (truck w/ trailer), you couldn't merge in front of a kia? were you driving a prius that you had no horsepower to overtake a dude w/ a trailer? were your brakes also so shit that you couldn't have braked until the literal butt of the trailer? a quick 2second tap on brakes that weren't shit would have been enough for him to speed past you.
 
ToeMissile

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Ortega said:
As someone who hauls around 24 foot cargo trailers and 14 foot dump trailers often I can tell you he seems 100% at fault to me.

Poor guy with the red trailer is likely driving around with 40-50 ft of vehicle and has to contend with people trying to speed past him even if he's going to the speed limit (because every trailer is slow ya know...) and then dipshits like Rajaah who just expect everyone to move out of their way when their merging onto the road instead of thinking two seconds ahead. Who's to say what was next to the truck/trailer dude? Likely he couldn't just "get over" and he's not obligated to slow down for someone entering the roadway, so how is he 50% at fault? Insanity.
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I have a tiny bit of experience with pulling a 40ft trailer; I’ve always tried to be a courteous driver but being in something that size was definitely an enlightening experience.

He’s pretty obviously at fault but I’m not going to harp on him, Rajaah seems to generally have good intentions, shit happens.
 
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Burns

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ToeMissile said:
I have a tiny bit of experience with pulling a 40ft trailer; I’ve always tried to be a courteous driver but being in something that size was definitely an enlightening experience.

He’s pretty obviously at fault but I’m not going to harp on him, Rajaah seems to generally have good intentions, shit happens.
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Yea, memories can be a bit faulty, so without video it's hard to say how big of an asshole the trailer guy was being. While they are a small minority of drivers w/ trailers, in the big cities, I have seen some douchebags driving way faster, "weaving" sluggishly around traffic, and doing things they aught not be doing, when they have a trailer attached.

Also, I am sure we have all seen 1000s of people driving the speed limit in the left (passing) lane, thinking they aren't being an asshole, when there is no one in front of them, 10 cars behind them, and plenty of room in the right lane to move over.

so *shrug,* I think it could go either way, with what info we have.
 
Seananigans

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Rajaah Rajaah maybe work some driving/racing games into your queue rather than 100% CRPG, real life driving isn't turn-based.
 
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Rajaah

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Ortega said:
As someone who hauls around 24 foot cargo trailers and 14 foot dump trailers often I can tell you he seems 100% at fault to me.

Poor guy with the red trailer is likely driving around with 40-50 ft of vehicle and has to contend with people trying to speed past him even if he's going to the speed limit (because every trailer is slow ya know...) and then dipshits like Rajaah who just expect everyone to move out of their way when their merging onto the road instead of thinking two seconds ahead. Who's to say what was next to the truck/trailer dude? Likely he couldn't just "get over" and he's not obligated to slow down for someone entering the roadway, so how is he 50% at fault? Insanity.
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It was a pretty short trailer, about the size of a large Uhaul. 28 feet altogether with the truck if I were to guess. So that dent isn't far from the front either.

I put the blinker on, checked before I changed lanes and he was pretty far behind me, then changed and he was suddenly right on top of me. Guy was speeding pretty hard because it's a residential neighborhood. I'd say he cleared about 150 feet in about 2 seconds which puts him at around 48 MPH on a 30 MPH street. Would be easy to measure too, since we collided at an intersection and when I checked mirrors he was just cresting the hill behind us (well behind us).

Regardless I did immediately take responsibility for the situation and offer to call the police. Wasn't until I got home and had some time to think about it that I realized he was speeding quite a bit and thus perhaps the blame's divided. I think I was pretty generous on here about it saying that I might be 75% of the blame and should have been more careful. A lot of people would be all like "I'm 0% at fault! Watch where I'm going!" like an asshole.

Looking at my own pictures, it does look like I'm 100% at fault though and simply shouldn't have been trying to change lanes. In practice it was like the guy teleported right onto where I was, so avoiding it meant I should have checked the mirrors multiple times / kept looking at that as I merged, cause then I would have seen the rapid distance-closing and not followed through. So yeah, lessons to be learned here for sure. From now on I keep watching the mirror all the way instead of assuming something in the distance is still going to be a reasonable distance two seconds later.

Hopefully this doesn't cause any trouble for the other guy involved. Considering he was driving a company trailer I'd think the company would be the ones dealing with it and he didn't have to worry about it beyond doing an incident report.

Seananigans said:
Rajaah Rajaah maybe work some driving/racing games into your queue rather than 100% CRPG, real life driving isn't turn-based.
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TLDR: The other guy's ATB bar filled up way faster than I expected, thought I had it on Wait but it was on Active
 
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Rajaah

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20230601_171645.jpg

Found another shot of the trailer, this one shows how close to the front the damage is and how not-big said trailer actually is.
 
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