January 16, 2004

Victory!

I got into a minor fender-bender on Sunday. I was in a left turn lane, and I had my blinker on to turn left into a gas station parking lot. I decided suddenly to pull ahead closer to the corner and use a different entrance to the gas station. I hit the gas, heard a loud beep to my right, and got bumped by a car that was attempting to change lanes in front of me, or what was going to be in front of me until I decided to pull ahead.

The very nice Chinese man in the car and I pulled into the parking lot. I was positive it was my fault. I apologized profusely, and he was very nice about everything. I wrote down my insurance and contact info, and he politely verified everything against the original forms. We shook hands and parted ways. I was pretty calm about it. I was in the wrong, but there was very little damage—just some paint scraped off—which my insurance company would pay for.

Then, the phone calls started. My mom, all upset because she heard about the accident from the insurance company instead of from me. I hadn't expected Mr. Chinese Guy to call in a claim right away, so I wasn't going to call her until later that night. The insurance company, recording my statement and questioning me about it vigorously. I started to get stressed about it because it wouldn't go away. For three days, the calls continued. Where was his car exactly? Who was moving where, and who was in what lane? I even paced off the distances and drew an elaborate map of the accident site. I was getting nuts about it by now, again because it just wouldn't go away.

Today, victory. I got a letter from the insurance company, who said that they had determined that Mr. Chinese Guy was the majority party at fault. Illinois state law says that he is barred from any recovery. Accordingly, they denied his claim. Wahoo! Now my rates will go up anyway.

Posted by mike, January 16, 2004 5:30 PM
Comments

What a mess. Glad it's taken care of.

Posted by: Amy at January 19, 2004 10:30 AM

Traffic laws are very weird sometimes. Did you know that in Florida you are not allowed to sideswipe someone's car and knock them off the road when they are going too slowly? Funky.

In any case, you said you were in the left turn lane? Where was he? In the regular lane merging into the left turn lane? Interesting. It sounds, from my point of view, like you may well have both been at fault. But I can see the insurance company's argument. I kind of feel sorry for the Chinese man. But I would have felt sorry for you if you had been declared at fault, too. I just feel sorry, I guess. Sorry.

Glad you are all right.

Posted by: shane at January 20, 2004 8:29 AM

There were two left turn lanes. I was in the one on the right, and he was in the one on the left. He was considered at fault because he had no reason to change lanes, and it is apparently the person changing lanes who is usually at fault because it is his responsibility to watch out. Basically, according to the law, whether I was moving or standing still, I had the right of way in that lane. I know what you mean, though. I insisted it was my fault at first. All the phone calls were the insurance company convincing me I was wrong.

Posted by: mike at January 20, 2004 10:54 AM

See, even apologizing was probably a bad move. In these situations, you want to stick to the facts, even if it was "I was fiddling with the radio dial when I slammed into this car." I went through a yellow in August, a woman pulled out, we had a minor ding up, and though they've been after me Allstate has had my back all the way. I was always honest that it was yellow and I don't know when it switched for sure, because I was busy being under it.

Glad it worked out. So far, my rates haven't shot up, but I didn't have to make a claim for that damage, b/c it was drivable and less than my deductable anyway. Of course, a month later someone sideswiped my parked car, busted up the driver's side door and didn't leave any note. I think it might actually have been a U of C bus.

Posted by: Stevis at January 20, 2004 11:34 AM

With that additional information, I am convinced that the insurance company is racist against Chinese people. : -P

Just kidding. Actually, it sounds like a good call by them. Don't feel bad, though. I got in a wreck with Mike of M & M Records once. Didn't do any damage to HIS car, but it wrecked the front of my mom's car. I had pulled out in front of him, and figured it was my fault. So being there was no damage to HIS car, we didn't report it. Figured fixing it would be cheaper than letting my mom's insurance go up. Probably would have gone up anyway, so what they didn't know didn't hurt them.

Trouble is that I got out and apologized like freakin' crazy and kissed his ass over it. I was so sure it was my fault because I was the one who pulled out. Then later I thought about it more and realized that it may well have been HIS fault anyway. I looked both ways when I went, and didn't see anything. The reason the accident happened was because HE came flying around the corner going TOO FAST, which explained how I hit him in the rear.

The crook. : -P

Posted by: shane at January 20, 2004 2:18 PM