Accident with a Construction Cone on the Freeway—Should I Report It?
Hi everyone,
I’m looking for some guidance on a situation I encountered today. While driving to school on US-50 East (February 25, 2025), I hit an orange construction cone. It was positioned in the third and fourth lanes just before my exit, and although I noticed it while merging, I couldn’t avoid it before impact. As a result, my Tesla sustained damage to the front bumper and potentially the front camera.
I was following all traffic rules and driving within the speed limit, and I even have dashcam footage from three angles documenting the incident.
Once I reached campus, I called the California Highway Patrol to report the cone, hoping to prevent any issues for other motorists. A CHP officer came, collected my information, and informed me that they would send someone to investigate the cone. However, he cautioned me that if I formally report the incident, I could be deemed at fault since I saw the cone before hitting it. This could lead to an at-fault mark on my driving record, even though it was an unexpected hazard. After viewing the dashcam footage, the officer expressed sympathy but reiterated that I’d still be held accountable since no other vehicles were involved.
I’m feeling conflicted about what to do next. Should I inform my insurance about this and risk marking it as an at-fault accident? Or would it be better to cover the repairs out of pocket and move on?
Has anyone experienced something similar? What would you advise?
Thanks for your help! I’m currently in class and want to resolve this with my insurance as soon as possible. Please feel free to ask any questions!
It sounds like a really stressful situation! Since you have dashcam footage that clearly shows what happened, that could work in your favor if you decide to report it to your insurance. Here are some points to consider:
Insurance Reporting: Reporting it to your insurance company is a good idea, especially since you have a record of the incident. They should be able to view the footage and assess the situation. It’s important to let them know it was an unavoidable obstacle and that you were driving safely.
At-Fault Status: The officer’s comment about the incident potentially being marked as “at-fault” is something to think about, but you also have the evidence to show you didn’t act recklessly. Depending on your insurance provider, they may evaluate the circumstances and repair the damage without marking it against your record, especially if this is a first incident.
Repair Costs: Consider the cost of the repairs compared to your insurance deductible. If the repair costs are significantly higher than your deductible, it might be worth filing a claim. However, if it’s a minor repair, you might just decide to pay out of pocket to avoid any potential impacts on your driving record.
Legal Considerations: If it’s possible, consult with your insurance agent about what would happen in the event of reporting the incident versus not reporting it. They might provide more clarity on possible outcomes.
Safety: Reporting the cone was a responsible decision, as you did your part to ensure the safety of other drivers. That’s commendable and should be considered when evaluating any potential fault.
Ultimately, how to proceed depends on your comfort level with the potential impact on your driving record versus the financial implications of the repairs. Whichever path you choose, ensure you have all the necessary documentation and evidence for your records. Good luck!