Progressive has already said otherwise. She is 100% liable. You should look up “cal vehicle code 16000”. You can make a claim for uninsured motorist regardless of how many vehicles are damaged. Her not having any damage has nothing to do with it. Bottom line is that she is a party involved in damage resulting to my car - as per CVC 16000.1
Thank you! Thank all of you who understand and aren’t trying to make me feel worse. Appreciate y’all
Nate, the footage and what my actual eye (especially in the heat of the moment) had seen are two different things. Put yourself and my shoes please and stop being a troll.
While you are not wrong, let’s just imagine that I did hit them? I knew that the curb was there - I made a split second decision, and according to the police officer and my insurance claims guy - I did the right thing. Had I plowed into them it could have been much worse. I could have injured them.. at the end of the day - the offending driver is still a human being who made a mistake. If I had injured the other party I would be in a worse spot potentially. I’m a new dad - we just had a baby boy born 3 months ago. My perspective may be different than yours. Just some food for your thought.
I didn’t speed up. In fact, I slowed down. She came out at like 5-10 mph.. that’s maybe why it doesn’t look like I slowed down fast enough.. she wasn’t committed but was movingThe camera may make it appear as you’ve said - but that’s simply not the case. The insurance company has already pulled the EDR which proves that I only SLOWED down.
Brakes*. You could give me a BREAK though, while your on this bash the OP trip..
Sort of a catch 22 in this case. Granted nothing happened to you in your case, but to play devil's advocate, hitting a curb, and getting broadsided at the same time, that is an easy recipe for flipping your car. Also would've been easy to nail that utility pole. So I understand that there's lots of things that go on during that split second that you have to decide what to do. But yes, I'm a dad too, so my instinct would be to try to minimize risk to my own family. In my case, I was in your exact situation a few months ago.. I did the same thing you did, except I didn't hit the curb, I went as far over as I could without leaving the roadway. If I was going to hit the curb, I was going to make the other driver hit me into the curb. In my case, nobody got hit, but it didn't stop the other guy from chasing me down, and confronting me at my kid's school in the middle of the hallway. Yelled at me for putting my kids in danger... I interrupted him and reminded him that he ran a stop sign, and then turned into the wrong lane. I told him he should be thanking me for avoiding him, as I could've just T-boned him at 50mph, which is what the speed limit was.
I think it always looks like that in these videos for some reason. I don’t think he decided to YOLO it into her piece of *sugar* car with his Tesla though….
That's good information... Personally I hate progressive. One time I was sideswiped by a trucker insured with progressive. At first they accepted liability, but then they changed their tune, and the driver claimed that I jumped the curb and passed them in the grass... Which is crazy, because they already inspected my car, and there was zero damage on the passenger side... (Side where the curb would've been) And where I was, it was a 55mph speed limit... They told me if I didn't agree with them, that I was free to sue them... This is why all my cars have dashcams now...
It would look that way in the video.. but the police report and insurance have already determined that I did the best I could. The dashcam literally saved me.
Exactly. Not trying to make a bad situation any worse.. at the end of the day she is human and made a mistake. It’s just a car. It’s replaceable. Serious life changing injury is not. I still can’t believe that some people have suggested that I should have hit her. Even if I would be in the right to do so.. some of these people are nucking futs.
Let’s get one thing straight. The dashcam is the ultimate equalizer here. Whether I went into the curb or hit them is irrelevant when I have definite proof that she royally screwed up. At the end of the day, hindsight is always 20:20. Given the situation and how it went down in real time is a completely different story then when people see “I had an accident” on a forum post’s title and see a video ready to roll. You already know that there is a crash to see. I didn’t know that there was a crash imminent until she went from lane 1 into lane 2. I was very close to just squeezing by unscathed. Inches. It is what it is. But at the end of the day, the law, and my dashcam are in my favor and everything will be made right. The Hyundai owner has been charged with misdemeanor hit and run, and cited for expired registration. My insurance company will cover all of my loss, and I am going to sue Ms. Hyundai for my loss of work, rental car expenses etc.. people make mistakes and sometimes they have to learn the hard way. Lucky for me, my brother is a (badass) lawyer, and I have a dashcam. Nobody was hurt and the property will be fixed/replaced.
If only the road was 2-3 inches wider. Lol. Appreciate your words and wishes with my son. As I’ve told others on this forum, it happened too fast to think. Instinct caused me to go from lane2 to lane1… her coming across both lanes at 5-10 miles per hour like a grandma was the most damning factor.
