suhochunsah

God... I just got into a small accident today with my E500
It was on a 2 lane ramp and left lane merges into the freeway, and it was packed (cars stopped), and i was on the right lane which exits to local street. There was a big bus in front of me, going around 15~20MPH. All of a sudden, a car pops out from my left trying to get on my lane, and responsively, I avoided him/her by moving to the right (which is the emergency lane), but there was a car in the emergency lane who was trying to pass me and the bus, and unfortunately, I couldn't avoid 2 cars at once..
I hit the car to the right of me...
First of all, he shouldn't even be driving nor passing other cars on EMERGENCY lane... I called my insurance company right after we exchanged informations, and told them what happened, and they're not clear if it's my fault or other person's fault yet... there was no police involved, the guy blamed everything on me, but I didn't say anything, we just exchanged insurance/license informations and left...
I don't know what kind of laws other states have, but in California, I think Emergency lanes are for emergency stops only...
Anyways, does this situation look like my fault?
I need some help here.. I don't really know all the legal stuff and laws, but I need to fix my car and I don't want to end up paying for deductible + higher insurance premium later...
I need to replace the front right side fender and possibly the front bumper... I'll be taking my car to my dealer tomorrow to get an estimate and start the repair... (My dealer, Fletcher Jones, was actually on the list of my insurance's recommended shops)
If anyone have any suggestions or advices for me, please post...
Thank you in advance...

r_1_c32

The police who got into your lane didn't even stop after the accident?

I am sure the other guy would argue that he wanted to stop and that's why he went to the emergency lane. But according to your story, it is not your fault. Good Luck with everything .

suhochunsah

There weren't any police around...
I don't think the other person can say he wanted to stop, because if he did, he would have stopped somewhere behind me, not next to me when he was so far back from me when I saw him last.. it was very clear that he was trying to pass cars since the bus in front of me was going a little slow...
Thanks... I hope everything turns out ok..

jim256

You would have been better off with a police report, in fact many states require one if the damage exceeds a certain threshold (usually low). I'd call them now and see what they can establish for you.

bmms8

hey suc, sorry about what happened, hope you are o.k. is your car damaged pretty bad? air bags deploy? i hope your ins company feels its his fault, because the way the story went was his fault.

Double Eagle

Police reports are required in California if damage exceeds a certain amount which is now $750. It used to be $500. You should go to the www.dmv.ca.gov website and then look at the frequently asked questions section and get details of what is required for the report. If you do not file the report, you can have your license suspeneded.

Recommend you file the report immediately and give your version of the accident. The format for the report is on the website. If the person you hit fails to file, it could be held against hime and assist with your claim that he was at fault.

I live in CA near you and believe your assumptions about the Emergency lane are correct. You could also check out the DMV rules to see if use of the Emergency Lane is covered.

Good luck!!

Rock72

sorry to hear that. sounds like it's the fault of the guy in the emergency lane. it's obvious he was just using the lane to try to pass cars.

i would tell your version to your insurance company and hopefully they'll take care of it but you need to follow up a lot.

Rock.

Barney

The insurance co will take your statement as well as the other driver's. If he admits to using the emergency lane you are set. Since there is really no proof of this, he could lie and say he was in the rightmost lane and you came over from the adjacent lane and hit him. If your stories differ, they will look at photos of the damage to each car to see if they support one version over the other. If they still can't assign fault, it will be considered 'word against word' and you will each be held responsible for either your own damage or 50% of the total (I think it is the former). By responsible I mean that is the dollar amount that will be used to determine if this is a 'chrageable accident'. Usually damage less than $750 doesn't trigger anything in terms of rates, etc. Either way, if they figure it is your fault or joint fault, all you have to pay is your deductible. If they say it is the other guy's fault I don't think you even have to pay that much.

How much damage was there in dollar terms?

codex57

You should always get an accident report from the police at the time of the accident. There's too much insurance fraud (whether professional or just spur of the moment) and the police at the scene can help neutralize that a little.

Barney

Let's face it, police reports can help but they aren't always easily available. You can be in a situation where it isn't too safe to hang around and wait, etc. Also, in any accident for which a police report is filed, they MUST give out a traffic violation ticket to at least one and sometimes both parties. Then you have another cost and more potential insurance troubles.

CLK 69

suhochunsah, sorry to hear about your mishap. I assume you didn't get any info on the vehicle that cut you off. Sounds almost as if it was better to get hit by the other car then to try to avoid a collision and be in the dilemma that you are in. Best of luck.
You probably meant "DMV SR1 report..."

For example, here is what the 2000 LAPD MANUAL says: (...and PLEASE don't shoot the messenger)

415.05 REPORTABLE TRAFFIC COLLISION. A traffic collision report shall be completed when a traffic collision involves one or more of the following:
Death.
Injury.
Hit and Run.
CPI. (City Property Involved)
DUI.
Traffic felony.


415.20 PROPERTY DAMAGE ONLY (PDO) TRAFFIC COLLISION. Officers at the scene of a PDO traffic collision shall:

Assist in clearing the scene;

Verify that a correct exchange of information has taken place, or issue each involved party a Traffic Collision Information, Form 4.37;

Inform the involved parties regarding the requirement for submission of the State Form SR-1 to the Department of Motor Vehicles; and,

Inform the involved parties that a traffic collision report is neither required nor will be taken by this Department.

Note: An officer receiving a citizen request for police presence at the scene of a property damage only traffic collision shall use the criteria established for the reporting of traffic collisions (4/415.05) to determine if a police unit should be dispatched.

suhochunsah

Thanks to everyone for the informations..
I've contacted my insurance already.. and told them what happened.. and they just told me to take my car in and fix it.. and said I'll have to pay the deductible.. by the way, I didn't make a police report yet... I think my insurance company will take care of everything..
I got an estimate from my dealer's collision center... it was $1038 or something.. they need to replace and paint the new front-right fender... and repaint my bumper, replace molding on the bumper... I just hope the repainted parts don't look different than my original paint... I have Black exterior so I'm thinking it's easier to match than the metallic paints.. but who knows
They're still investigating the case, so if they find out that it's the other party's fault, I'll probably get the duductible money reimbursed...
I was supposed to go in tomorrow for service appointment.. (Right drift problem, and audio gateway update) and the dealer will send my car to their collision center... I just hope I can get a loaner car... but most likely, I'd have to return the loaner car when the service is over and car gets sent to collision center...
*sigh* as for now, I'm just waiting for my insurance to tell me the result...
Anyways, thank you all again...

suhochunsah

Omg, the guy is making an injury claim now...
Does he think this is some "Oh~~ I got rear-ended~ I'll act like I'm hurt and collect some settlement money~" type of case?
Maybe I should really give him an injury
Are false injury claims considered a felony?

Otto

1. you should call police right away when it happened. (a police report will decide whose faults -- if it is not yours, your insurance will not increase fee; otherwise, you will see your bill increased soon. in your case -- no police report, if you claim for coverange, of course, your insurance fee will be increased. especially, your front hit his back -- 90% of cases are your fault and your insurance company even has to pay for his damanges if he claimed it is your fault.)

2. you did the right thing -- exchanged insuance and license information.

3. make sure your insurance policy has higher coverage for lawsuits and medical etc. because, severe injuries will cost you a lot -- even your houses or other properties.

4. according to your estimated damage, $1038, I think it is a small case. I don't think both sides will have any injury law suits involved. if you want your insurance company to pay for it. most likely, e.g. you pay your deductible $500, and insurance company pay $538. my experience is, if you tell body shop that you pay for it from your pocket, the cost will reduce to $700 or less which may not even bother having a record in your insurance history and you will save insurance fee. however, if there is a possible lawsuit, you better let your insurance company involved who has top line of lawyers fighting for you.

5. there is a lot of great body shops. you will see your car as new as it was.

6. your insurance policy may cover a car rental expense while it is repaired, ask your insurance agent, you may be allowed to 50 to 80 dollars per day for renting a car.

7. buy a $10 bucks disposable camera and put it in your glove box which will help you when you need it.

8. hopefully, he is a reasonable person and no injury claims involved.

Superboy10022

The false injury thing is wrong, what a loser. (If its a lie) Good luck with this case, keep us informed!

Rock72

If you take your car to a body shop in Koreatown, the guy will do it without making you pay your deductible. He'll just get the $538 from the insurance company and leave it at that.

Of course, I'm not sure if you really want to go use a koreatown body shop for your benz. The guy I go to is on Venice/Olympic and is called Venice Auto Body. He's pretty good.

RVD.

slipnby

One of my employees was hit in the rear, and shoved into the car in front, which hit another car in front of that. The guy that started the domino is now much poorer...he carried minimal insurance and paid medical expenses and partial car repair bills of all those he hit. The medical bills are still coming in...and being paid by him.

As pointed out, as was true in this case, the person hitting in the rear is usually at fault. After the injury claim, the bills come in for months especially with injuries to backs and necks.

Double Eagle

It sounds like you are doing everything that should be done. However, be SURE that your insurance company files the report to the DMV I noted to you earlier. One of my friends "thought" they had done so, and the other driver involved in the fender bender (no injuries) did file the required DMV report. A few weeks later, he received notice his license was suspended because of the accident and fact he had not filed the required report. BOTH parties are required to file a report if they live in CA.

Read the DMV requirement and proceed at your own risk by going beyond the period for filing. Ask your insurance company of they have filed and if not do it yourself immediately to avoid further problems and possible license suspension.