Wow that's terrible, man next thing is her neck hurts and her back is now bad. Hope they can come to their senses soon so your camaro can get fixed.

 

Good thing you didn't have a dog in your lap too, or the story may have been that much closer to being a draw! lol

 

I am screwed, I just got off the phone with my lawyer. If I sue her in small claims court the burden of proof falls on me to prove what I say happened, She does not have to prove anything. Since no one stopped it is her word against mine.

I can come up with a pretty good arguement because of the damage on my car and the way the road is designed but depending on the Magistrate I get, without a witness I will not win. If I lose I get stuck with court cost and the cost of serving a out of state summons. Hell just the phone call to my attorney would have cost me $100 but I made him a lot of money in the last 20 years.

Here in PA if your car gets hit and you are in the right, tell the cops you don't feel safe drving it and it needs towed. If the car is towed they will have to fill out a report with their "best guess" on what happened. Once it written on a report your gold, No report any made up story is as good as the truth.

 

I called my agent as soon as they told me she said it was my fault. They already knew, she will not see a penny from my insurance no matter what. For the same reason I can not prove it was her she can not prove it was me. Any claim hurts you in the insurance world but in their paper work my file says Not at fault for this claim.

 

I ran into a case similar back in the day. My wife was at fault she backed into a truck in a parking lot. The owner of the truck had some shoddy body work done on the truck already from a jack knifed trailer. The dead give away was the 2 dents in his bumper that were exactly the same on each side. Also he was claiming damage to his truck that if my wife had done would have left the roof off her car. I had to bring my car to their office to show the damage was not caused by her car. I won the fight but it was not as easy as it should have been. We did have to pay for some minor paint work (even tho he had jacked up rattle can work in the same area) and the plastic step part of his bumper. I was not going to pay for the exhaust, bedside, tailgate, and rear bumper damage that they claimed was from the accident.

Dont give up you can still win but you will have to prove that you are correct (kinda like you were saying about the court thing) Also if you did run off the left shoulder there would be your wheel marks in the median right? Bet ya there is nothing but weeds there. and last but not least who gives a ***K if your blinker is on it does not mean you get that space, it means that you want to go there and you are letting other drivers know what you are planning... Oh and a vehicle in your blind spot or beside you cant usually see the blinkers of the other car. She has the responsibility of changing lanes when and only when it is safe to do so.

Massey

 

sucks, so no highway cams in the area to seach on.

 

Doesn't that stand in your favor? It would make no sense for someone to say that if the other car came into their lane.

 

Gorn, I can't comment about your legal issues but about you car. If you love your car, get it fixed.

 

That what I thought but her story is she changed lanes and I tried to pass her on the far left. Funny how I saw her in the last few seconds and tried to avoid her and she is an expert on exactly where I was and yet we still hit.

Common sense say there is not way I am at fault but based on what my lawyer said if I get a Magistrate that does not have common sense they will just ask what proof I have that what I said happened happened.

 

As I said in the first post the car will be fixed no matter what happens. It will most likely cost $250 ish and that should give me enough paint to blend in some other spots on the car. I even kinda like doing body work but it would have been a lot more fun if I was Banking 2K at while doing it.