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Our Car Hit by Driver on Cell Phone, Totalled
Old 04-29-2016, 08:47 AM   #1
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Our Car Hit by Driver on Cell Phone, Totalled

A driver on her cell phone pulled out from a parking lot and hit Lena as she was driving at 35 MPH. Lena's okay, but thinks she may have broken a rib. She also has bruises from the seatbelt.

The woman was very worried Lena would call the police, and after giving her phone number, she had someone pick her up.

The police came and took a report. Several witnesses provided info. We have the license plate number.

The woman said her husband would call with insurance info, but he has not. I left a message on his phone, but no return call yet.

Will I be able to get his insurance information from the police in case I can't contact the woman or her husband?

Any tips on how to proceed?

The blue book value of the car (Echo with 252K miles) is only about $1,000.

Thanks,

Al

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Old 04-29-2016, 08:49 AM   #2
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Leaving the scene of an accident is a criminal offense, isn't it?
She is in real trouble.
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Old 04-29-2016, 08:56 AM   #3
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My son was in a similar accident about 9 months ago. The other driver hit him, causing about $6000 damage to my son's car. They exchanged insurance info, and when my son told him that he was calling the police, the other driver left the scene. The other driver's insurance eventually paid for the damage to my son's car, and the other driver was eventually arrested for felony leaving the scene of an accident.
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Old 04-29-2016, 08:58 AM   #4
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Notify your insurance company and give them all the info you have and that police were called.

I had someone leave after hitting me with his corvette. He had been drinking and took the right turn way too wide. I could smell it on him when he got out to look. I got his license plate, but that's all I had when the police came by later. I reported everything to my insurance company. I expected to pay the deductible.

About a month later, I get this sheepish phone call from the guy at my workplace claiming he had been "looking for me". I got his info and called it all in to my insurance company. That took care of it for me.

So - somehow he was reached and made to contact me. With your witnesses, police report, and license number I think your insurance company will eventually get their info and whether they have insurance.
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Old 04-29-2016, 09:01 AM   #5
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Have you notified your own insurer? DW was hit on snowy highway in Jan. Likely as is the case with your Echo, we have no comprehensive/collision. Nonethless, notified in event of coverage gaps for at fault driver that could have implicated our un/under insured coverage.
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Agree with braumeister--the gal is going to regret (or at least should) leaving the scene unless highly unlikely extenuating circumstances. (You would have mentioned if she were in active labor, so that is one off the list!)
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Old 04-29-2016, 09:06 AM   #6
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I would notify your insurance company and let them deal with it. Probably want to get a copy of the police report.

You said the lady gave her phone number and somebody picked her up. Did she leave her car at the scene of the accident?

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Old 04-29-2016, 09:14 AM   #7
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Probably an uninsured motorist. You have the license number, assuming it is valid. You have a phone number, assuming it is valid. When or if the person is found, it may be a different person that was driving the car.

You called the cops, which is the right thing to do.

There are far too many people that do not have insurance, drive drunk, or are here illegally, and run away when an issue arises. Luckily it was a 'minor' accident.

At this point, I would let the insurance company and police handle it. Get a new car, or get this one fixed. It sounds like you will get a check for $500, after a $500 deductible, and you will be on your way.

The other driver will get their license suspended, which was already revoked, and they will be on their way driving again.
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Old 04-29-2016, 09:24 AM   #8
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What Senator said.
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Old 04-29-2016, 09:25 AM   #9
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Absolutely file your claim with your insurance company and let them handle the rest. It's very possible the other driver had no insurance or even a valid driver's license. I wouldn't hold my breath waiting for her to contact you.

BTW, looking at the crash photos reminds me why I will never own a tiny car.
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Old 04-29-2016, 09:35 AM   #10
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We just had an article in the Star Tri about a statewide effort to ticket drivers for "distracted ( i..e texting, surfing) driving" they gave citations to well over 900 drivers, including one who got ticketed twice on the SAME day. I was dismayed to learn that the fine for the first ticket costs drivers a mere 50 dollars. I think about 500 bucks would send a little louder message.
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Old 04-29-2016, 09:38 AM   #11
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Leaving the scene of an accident is a criminal offense, isn't it?
She is in real trouble.

In addition, is talking or texting on the phone while driving legal in the state? She might get the book thrown at her.

I don't have second thoughts of leaving my phone off and in the glove compartment when driving, otherwise, to use or look at is too tempting.
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Old 04-29-2016, 09:42 AM   #12
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I was also wondering. If she was picked up, was the car left at the scene?
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Old 04-29-2016, 09:49 AM   #13
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Just call your insurance company. Thats what you pay them for. Stop calling the other party...there's no point...its a waste of your time. Let your insurance do the legwork.
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Old 04-29-2016, 09:51 AM   #14
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Too early to say whether the other driver had insurance or not, but its a reminder of the importance that you have insurance coverage for uninsured or underinsured motorists. DS was struck broadside by an underinsured motorist many years ago. The clown that hit him stole his parents car and was being pursued by the police at high speed. DS had big hospital bills and a long recovery. Thank goodness I had coverage, since kids parents had minimal coverage and no assets that we could recover damages from.
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Old 04-29-2016, 09:52 AM   #15
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Any tips on how to proceed?
Sorry to hear about this misfortune, hopefully there's no broken rib, Lena recovers quickly and replacing the car won't be too expensive.

Lena needs to go to the doctor immediately, and the emergency room might not be a bad idea. This needs to be incorporated into the police report and communicated to your insurance company. If any of the auto policies has medical coverage, that would cover any deductibles you have. Hopefully not, but if there are lasting issues, this also helps establish the liability of the other driver.

After reporting this to your insurance company (if you haven't already done so) you should try to get a copy of the police report. Not much you can do without the report. If it assigns fault to the other driver and they have insurance, you have a reasonable chance of them covering your deductible and medical costs. That also keeps Lena's driving record clean.
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Old 04-29-2016, 10:23 AM   #16
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I called this morning and got the other driver's insurance info, and called Progressive. They were very good, and said a claim rep will contact me.

Yes, I called my insurance company (Farmers) from the scene. I'd hoped they'd "take it from there," but I was on my own.

Is it "leaving the scene of an accident" even if you give information first?

Yes, the other person's car was left at the scene.

Yes, talking on the phone while driving is illegal here. I've reported other drivers for doing that (as well as for texting!).

I'm taking Lena to the doc in a few minutes.

Thanks for the help!

Al
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Old 04-29-2016, 10:26 AM   #17
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In addition, is talking or texting on the phone while driving legal in the state? She might get the book thrown at her.
As Al just mentioned, it's not legal here in California -- though you wouldn't know it based on all the drivers here who routinely yap or text to their heart's content.
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Old 04-29-2016, 10:36 AM   #18
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You should expect to be "made whole" by the other party's insurance, including paying your deductible and all medical bills. With a driver so in the wrong as this case, their insurance company should be very proactive about making you happy. If not, go through your own insurance and let the two companies duke it out. Given the facts as you describe them, Farmers should have no problems with getting Progressive to pony up whatever they request.
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Old 04-29-2016, 10:41 AM   #19
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Speaking of leaving an accident scene...

A home in my neighborhood was hit by a car at night. The home was on a corner, and the driver drove too fast to negotiate the turn. He ran off, leaving the car stuck on the knocked-down block fence.

My neighbor suspected that it was a driver intoxicated by booze or drug. Perhaps the charge for leaving the scene is less severe than driving under influence, or using drugs?
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Old 04-29-2016, 10:41 AM   #20
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Al, I hope Lena is OK.

Must be something in the air (or on the roads). This is my oldest grandson's car from yesterday. No one seriously hurt (four HS seniors in the car), just bumps and bruises.

This car (Toyota Matrix) was subject to the Takata air bag recall. Thankfully his mom made him take it in last fall and get them replaced as both front airbags deployed.
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