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Posted: 6/4/2017 10:59:32 PM EDT
So, I take the exit off of I-4 and sit at the red light on the bottom of the ramp. Light turns green so I turn left. Halfway through the turn another car slams into my passengers rear corner.

They tell the police that they had green light and I tell the police I had green light. No witnesses stayed around so the police say they can ticket nobody or everybody. Police have us exchange info and everybody leaves.

Car damage is to my rear passenger corner and my bumper cover was torn off. No idea what damage they had.

Do I still need to report it to my insurance company and give my side of the story? With an accident like that can I expect them to try to sue me? Any way to get a copy of the DOT camera footage that proves that I was in the right?

Thanks in advance!
Link Posted: 6/5/2017 1:02:05 AM EDT
[#1]
Can't help with your question about the insurance or being sued, but a dash cam is almost a necessity in this state now days.
You could at least prove your side of the story.
Link Posted: 6/5/2017 2:30:28 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Can't help with your question about the insurance or being sued, but a dash cam is almost a necessity in this state now days.
You could at least prove your side of the story.
View Quote
I was thinking that too. It's on my purchase list.
Link Posted: 6/5/2017 5:05:38 AM EDT
[#3]
I supervise our Traffic Unit and this is why I don't allow simple Driver's Exchange of Info for crashes unless very minor in nature and/or the parties insist, especially when there are conflicting stories.

We would have written the crash report, as stated by both parties, and let the insurance folks handle the negotiations. We would also note that conflicting information obtained during the crash investigation resulted in the inability to clearly establish fault thus no enforcement action(s) was taken (citation).

The way people sue now days, yes, I'd report it to my insurance and give them a heads up. Depending on your deductible, or your desires, you may want to just fix your car out of pocket.
Link Posted: 6/6/2017 12:10:56 PM EDT
[#4]
Lawyer's tend to go after who ever has the deepest pockets. Having said that. Unless you have minimum coverage, I wouldn't be to concerned about being sued. Keep in contact with your insurance company. They can tell you if there's been a claim for injury's.
Link Posted: 6/6/2017 12:29:53 PM EDT
[#5]
You should have gotten a exchange of info from the police or fhp depending who processed the scene. You file a claim with your insurance first and they will help you with rest. fl is a no fault state meaning your insurance pays to get your car fixed. They choose to if they will try and recoup from the other driver.
Link Posted: 6/6/2017 2:37:46 PM EDT
[#6]
*disclaimer- this is not legal advice

Yes, you should call your insurance company and report it asap if you have not done so already. The two main claims that may be brought against you by the other driver are a property damage claim (banged up vehicle) and the other is a bodily injury claim (they are physically hurt). Your insurance company will take a recorded statement from you as to what occurred and what you remember being said at the scene. Given the lack of witnesses and the finger pointing between both parties, it will be a tough case for either to pursue and win (though possible).

Yes, it is a good idea to attempt to get the footage from the camera...though I would be surprised if it actually exists. The majority of the traffic cams that are around the state are for monitoring live traffic and the feed is not recorded due to the cost of storing that much data (so I have been told).

All the best

Edited to add- If you are sore, not feeling good, or otherwise, you should make it over to a doctor sooner rather than later as your insurance company in FLorida has a short window (14 days) where you are required to be examined by a doctor should you wish to get your full PIP coverage.
Link Posted: 6/7/2017 12:40:41 AM EDT
[#7]
I'm an idiot - but my understanding is whom ever's front end is busted up , that vehicle was at fault. Did the other driver apologize or admit fault?

if so is that on file with the police?


You need to call your insurance immediately tell them it was his fault take pics of the damage, you should have done that while the cops were there.

If either of you  have statefarm or all state you should be fine but if the guy that hit you had some BS tier 1 insurance gird your lions.you may be in for a fight.

under no circumstances admit guilt. or apologize.
Link Posted: 6/7/2017 5:36:44 AM EDT
[#8]
Generally speaking that is a good indicator of fault... but there is case law providing for a rebuttable presumption of fault generally assigned to the trail vehicle. In other words, mitigating circumstances can relieve the trail vehicle from fault... not common mind you, just possible.

In this case, with off-setting traffic control devices being in play, location of damage is meaningless as this is a right-of-way issue/dispute.

I believe both insurance companies will fix their respective client's vehicle and both will be out their deductible.

Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm an idiot - but my understanding is whom ever's front end is busted up , that vehicle was at fault. Did the other driver apologize or admit fault?

if so is that on file with the police?


You need to call your insurance immediately tell them it was his fault take pics of the damage, you should have done that while the cops were there.

If either of you  have statefarm or all state you should be fine but if the guy that hit you had some BS tier 1 insurance gird your lions.you may be in for a fight.

under no circumstances admit guilt. or apologize.
View Quote
Link Posted: 6/9/2017 6:14:01 PM EDT
[#9]
Thank you for the replies. The trailer trash bitch who hit me already retained an attorney, claims injuries and is suing me.
Link Posted: 6/9/2017 10:02:55 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Thank you for the replies. The trailer trash bitch who hit me already retained an attorney, claims injuries and is suing me.
View Quote
duh...coulda seen that coming a mile away

bet you she called 1-800-411-PAIN ...FROM THE ACCIDENT SCENE! lol
Link Posted: 6/10/2017 8:33:09 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


duh...coulda seen that coming a mile away

bet you she called 1-800-411-PAIN ...FROM THE ACCIDENT SCENE! lol
View Quote
I bet she asked gary!

The day and age of "not wanting to be that guy" is over. Always call a lawyer in FL. Always some dirt bag wanting to scam the system.
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