What the hell to do - car wreck

[KoKopeLLi]

So I'm on the way down to Moonlight saturday afternoon with my girlfriend to get a season pass and check out the beerpalooza. We get just down into the canyon, by Castle rock, and this chick slams on her brakes with her LEFT turn signal on. I barely have enough time to stop, my dogs in the back of my pickup, there's someone behind me, and there is a turnout on the right. So instead of tying to make this ridiculous stop in the middle of the fucking highway I cut it down to about 40mph and dip off into the turnoff to go around her. As soon as I make that decision she barrels off into the turnoff, not knowing that anoyone is even behind her.

We collide about 35mph, her entire right side and my front drivers end are completely mangled with a flat tire each. Quickly I ask my friend if she's all right, check my dogs still in the back, and see if this chick is allright. Everybody's good, thank god...now what the fuck just happened??

This chick hops out of her car, with her hands gripping the sides of her head and says "oh my god! I had the wrong turn signal on!" I'm like "yea you scared the shit out of us, good things everyones ok" She says "yea thank god, but I completely fucked up your truck, I'm so sorry, I'll pay for everything"

I'm thinking "ok, cool, we got that shit out of the way"..."Do you have insurance?"

"no" she replies "but I'll totally pay for it, do you have a pen?"

FUCK...what to do, no cell reception, no cops, stuck here with a flat tire, and this chick has no auto insurance.

So I dig up a pad of paper and she writes down all her info and I say that I'll call her monday morning.

About 5 minutes later this dudes picks her up and I start getting my spare tire out. I look at this poor Saturn she was driving and half of the fiberglass body is smashed on the side of the road, her car too is totalled.

So now I'm stuck in a dilemma, I chose to take her word and didn't get the cops involved and risk not getting anything repaired. Looking at her, I'd say she's about 18 or 19, no money, and she said she lives with her mom.

Is this a bad idea?

More importantly, will my insurance pick up the damages if her word falls thru? Should I call my insurance and let them know right now?

Any help would be apperciated

[leroy jenkins]

I have no idea if your insurance will cover anything, but tell me you did not just trust her, tell me you wrote down her liscence plate too right?

[dirtybryan]

I think hubie hit it on the head.

[Crass3000]

I think hubie hit it on the head.

Yep I agree. Hopefully you have the insurance that covers you when someone uninsured hits you. Its REALLY cheap... like $10 every 6 months.

This lady obviously is in no position to pay you. You're not going to see any money from her. She is 18 and probably doesn't make much. She also needs a new car. She didn't have enough money to pay for insurance. Just call the cops and fess up to what happened and say you felt sorry for her.

[zion zig zag]

I'm not so sure that if you could have gotten police there that they would place the blame entirely on her.

[KoKopeLLi]

Leroy - Yea I got everything

hubie- you were pretty much reading my mind. Looking back at it, she did just about kill herself and my dog. I shouldn't have to play these stupid insurance games.

flykdog - yea the way I had to divert off the highway could be concieved as not giving her enough room but shit, i was more trying to get stopped in the turnoff and she blasted my truck (with the wrong turn signal on)

[KoKopeLLi]

Crass- yep I do have uninsured damages up to 25k

[jonesy]

You had to make an emergency maneuver because of her illegal turn. However, she proceeded to drive into your car without due warning or signal indicators. Futher investagation shows she was without Insurance and maybe no license. Yeah I'd buy that. DON'T TRUST HER. Good luck.

[Rideski]

Damn dude, sorry to hear of the troubles. Glad you, your girl, and your dog are feeling well.

You are in a tight spot, and I am not trying to dis. But you will likely hear from the cops and your insurance that you were supposed to stop. The person behind you is then also supposed to stop. You are not supposed to swerve to avoid an accident.

The real bitch here (pun intended) is that all the bitch has to do is say she had her right turn signal on, and you are responsible for her damages. Unless you laid skid marks before you swerved you are hosed.

Did she sign anything saying it was her fault? Even if she did, a lawyer might get it tossed on the basis that it was under duress... Out in the middle of nowhere with this pissed off dude ...signed it to get away from him...

How much is your damage? Might be best to take your lumps and walk away. Bummer is that if the bitch calls the cops on you, you are double hosed.

tough call, tough spot.

Good luck.

[bklyn]

I hope you've already called the police. It's CYA time.

[sanjuanworm]

if you were to get the police involved...
you would be the one charged w/ the accident.
you stated that she said she had on the wrong turn signal, that does not matter. YOU were supposed to slow down,
come to a stop if need be and wait to see what she does.

you would be charged w/ Failure to reduce speed to avoid an accident.
also you stated that you drove into a turnout to avoid hitting her,
that constitutes Reckless Driving--for passing on the right.
you would probably also be charged w/exceeding a safe speed.
and you and her would be charged w/ leaving the scene of an accident.

also if your insurance company hears of any of this ---- you are screwed....

not trying to ruin your day, just the facts

[tchpdx]

My take (law enforcement backed) . . . Call her ASAP and find out if she is still in the same mind frame of "Oh my god this was all my fault." If she is get some more information, address, driver license info, and more contact #'s (if she is young and still living at home get Mommy and daddy's names). If she gives this to you I would feel better about the situation. If not - remind her that she is uninsured and an uninsured crash will GREATLY EFFECT her insurance rates for 10+ years if fully reported.

Make a report with the responsible police agency - get a case # and phone number for the "case officer". Let him/her know what happened and that you are trying to deal with it. Don't hesitate to let them know that she told you she was uninsured, but you are trying to deal with it. Most likely they won't make an official report after the fact, but at least you have a contact # if all things go south.

Get a repair estimate as soon as you can so you can present her (and her parents) with the expected repair cost. Try to have her make payments to the repair shop rather than through you personally. The repair shop will take a credit card.

Regarding the crash . . . . this is a rear-end traffic crash and there would no doubt be some liability placed on you if fully investigated. The only time the person from behind involved in a rear-end crash is not liable is if the other party is illegally backing up - insurance investigators are brutal.

Best of luck and pm me if you have any other questions.

[sanjuanworm]

WRONG.

play like that and you will end up paying for her damages also.
which actually you are legally bound to do.
you rear-ended her.
you are at fault. that is all that matters to the police and the insurance company.

[Tippster]

He didn't hit her rear - he hit her side. She admitted to being at fault. If his passenger will attest to that under oath he's one up on her.

What you should have done is get the guy who was behind you to fill out an affidavit ("I saw this n'that happen.... signed, X) and get HIS number in case you need a witness.

Good luck. Next time I would consider leaving more space between vehicles so you could have slammed on your brakes and avoided a collision, but hindsight is 20/20.

Oh - kennel your dogs when in a truck, Please. They actually make dog seatbelt harnesses, FYI.

[BigAirSkier1580]

You hold the leverage here...

"CAR INSURANCE REQUIREMENTS
Insurance coverage requirements are nothing to ignore; operating a vehicle without insurance is an invitation to self-loathing and regret. Liability insurance in Montana is mandatory, with motorcycle coverage being the lone exception. As stated in Montana Code Annotated 61-6-301, you are required to carry proof of insurance while behind the wheel at all times and must present it when requested by any law enforcement official. As a licensed Montana driver you are required to minimally carry:

$25,000―Bodily injury or death of one person in any one accident.
$50,000―Bodily injury or death of two persons in any one accident.
$10,000―Injury to or destruction of property of others in any one accident.

The penalties for operating an uninsured vehicle are stiff and rife with long-term ramifications. Operating without liability insurance is considered a misdemeanor in Montana. First-time offenders can be slapped with fines between $250-500, or be booked into a county jail for up to 10 days. Plus, your license gets stained with five points (30 or above leads to revocation).

If you're a two-time offender, you'll be walloped with a fine of no less than $350 and/or be incarcerated for up to 10 days, and will have your license automatically suspended for 90 days."

If she starts to try skipping out on things, be sure to advise her that it is in her best interest that she continue to make good on her end of the deal since she was driving an unregistered car. Who knows if she was even a legally licensed driver.

Be sure to photograph the damage to your car fully showing paint damage and transferred paint from her car to your truck clearly. And you have a witness that can attest to an admission of guilt and that she entered into a verbal contract with you. Not bullet-proof, but can likely convince some naive teen girl to make good on things.

Not saying you should go through with contacting the police as it may get you in some trouble as they will try to point fingers themselves, but some well-worded correspondance to a teen displaying the possible outcomes might be enough to convince them to make the payments.

[funkendrenchman]

WRONG.

play like that and you will end up paying for her damages also.
which actually you are legally bound to do.
you rear-ended her.
you are at fault. that is all that matters to the police and the insurance company.

You type like you're writing a poem.

[sanjuanworm]

cute,huh

[Tye 1on]

Not to hijack thread, but that has turned in to the most dangerous highway in the West. Heard over the weekend that people are buying homes in West Yellowstone [with about zero cultural fun] over Bozeman [great great city/town] just to avoid that drive to get to Big Sky [not that 191 thru the park is a piece of cake]. Good luck with the truck bro...

[altagirl]

if you were to get the police involved...
you would be the one charged w/ the accident.
you stated that she said she had on the wrong turn signal, that does not matter. YOU were supposed to slow down,
come to a stop if need be and wait to see what she does.

you would be charged w/ Failure to reduce speed to avoid an accident.
also you stated that you drove into a turnout to avoid hitting her,
that constitutes Reckless Driving--for passing on the right.
you would probably also be charged w/exceeding a safe speed.
and you and her would be charged w/ leaving the scene of an accident.

also if your insurance company hears of any of this ---- you are screwed....

not trying to ruin your day, just the facts

Yeah, that's what I'm thinking. If she volunteers to pay for anything, that's cool. If not, I'd just pay for it yourself and be happy to not have a ticket (or more likely, multiple tickets for hitting her - I'm sure you'd get something for going to fast, failing to avoid her, going out of your lane, whatever... and leaving the scene of the accident - they don't care if you don't have coverage) and increased insurance rates.

Sucks, but that's my 2 cents.

[BLOOD SWEAT STEEL]

Call the police, then call your insurance company and get things working in the right direction. I don't know about the specifics of the laws there, but regardless getting in an accident with an uninsured driver, (who may or may not have evan had a license), who also failed to make a police report afterwards greatly turns the tables in your favor.

The more time you waste, the more ground you lose as far as credibility to the police and insurance company. Being sympathetic is one thing, handling your business and making shit right is another.

[BLOOD SWEAT STEEL]

Keep in mind she was stopped in the middle of a public highway, and then she drove OFF the road and hit you while you were driving in a turnout. She stopped her car, changed her direction of travel, and started driving towards your vehicle without yielding. If this all went down like you said it did, you're bulletproof.

[MTslackcountry]

Do you have full coverage insurance? If not, the uninsured motorist coverage is for bodily injury only. If you have full coverage than you are only responsible for your collision deductible. You will not get any points on your record as far as the insurance company goes but they will surcharge your policy if you do claim it. That is if you have full coverage. I hope that helps. Feel free to ask me any insurance related questions....

[char]

Keep in mind she was stopped in the middle of a public highway, and then she drove OFF the road and hit you while you were driving in a turnout. She stopped her car, changed her direction of travel, and started driving towards your vehicle without yielding. If this all went down like you said it did, you're bulletproof.

Wrong. Chick had the wrong turn signal on.

KoKopeli decided to pass at 40 mph, on the right, through a turnoff. This is something I was taught in day one of drivers ed. Do not pass on the right, it is the law. Not on a 2 lane road and not on a 4 lane either. (I can't say I've never done this. ) Isn't the driver behind always required to yield to the driver in front anyways?

191 is a busy 2 lane road with many residential turn-offs on it. It isn't an interstate. The way people drive on it is somewhat incredible and frustrating at the same time. Either you get in with the right group and you can fly down the canyon at 60-70 or you get stuck behind some douchebag who doesn't know how to drive and it's a 45 mph slog back to Gallatin Gateway.

Glad to hear everyone came out ok Kokopelli.

[BLOOD SWEAT STEEL]

Wrong. Chick had the wrong turn signal on.

So that's his fault? Wrong? I disagree. He was driving in a turnout. Not illegal. Or is it? She is responsible for the direction of travel of her vehicle, especially when pulling onto/off of a public roadway. I don't see a lot of gray area. She clearly drove into him (and admitted it), he didn't rearend her.

191 is a busy 2 lane road with many residential turn-offs on it. It isn't an interstate. The way people drive on it is somewhat incredible and frustrating at the same time. Either you get in with the right group and you can fly down the canyon at 60-70 or you get stuck behind some douchebag who doesn't know how to drive and it's a 45 mph slog back to Gallatin Gateway.

The law applies the same regardless how many travel lanes there are. What "people do" doesn't make it law. What's legal vs. what's realistic doesn't really matter.

I guess it all depends on *what aspects of the story he puts emphasis on, *what his witness says, *the other chick's willingness to admit fault, and ultimately, who files the report first.

Keep us posted koko. I'd be interested to hear what comes of this.

[char]

Wrong? I disagree. He was driving in a turnout. Not illegal. Or is it? She is responsible for the direction of travel of her vehicle, especially when pulling on to/ off of a public roadway. I don't see a lot of gray area. She clearly drove into him (and admitted it), he didn't rearend her.



Doesn't really matter. The law applies the same regardless how many travel lanes there are. What's legal vs. what's realistic is ambiguous in this situation.

I guess it all depends on *what aspects of the story he puts emphasis on, *what his witness says, *the other chick's willingness to admit fault, and ultimately, who files the report first.

Keep us posted, koko. I'd be interested to hear what comes of this.

For the purpose of passing? Yes, it is. Just so we are clear, this is a turnout for slow vehicles. And if it's the one I"m thinking of it's all of 100 ft long.

But you are right, it's all about who can spin it right at this point.