Hit a Construction Cone on the Freeway—Should I Report It or Let It Go?
Hi everyone,
I could really use some advice on a situation I ran into today (February 25, 2025). While driving to school on US-50 East, I encountered an orange construction cone in the third and fourth lanes, just before my exit. As I was merging, I spotted the cone and tried to maneuver around it, but unfortunately, I couldn’t avoid it and ended up hitting it. Now I have damage to the front bumper of my Tesla, and there may be issues with the front camera as well.
I was driving safely and within the speed limit, and luckily I have dashcam footage from multiple angles documenting the incident.
Once I reached campus, I called the California Highway Patrol to report the cone, hoping to prevent others from running into it. A CHP officer came out, took my details, and mentioned they would send someone to check on it. However, he warned me that if I officially report this incident, it could be considered my fault since I saw the obstacle and still hit it. This might result in an at-fault mark on my driving record, which feels unfair given that it was a random hazard. He even watched the video and acknowledged that it was unfortunate, but emphasized that since no other cars were involved, I might be held responsible.
Now, I’m stuck on what to do next. Should I report this to my insurance and risk it being listed as an at-fault accident? Or would it be better to cover the repair costs myself and move on?
Has anyone dealt with something similar? What would you recommend?
Thank you in advance for your advice! I’m currently in class and would like to resolve this quickly, so feel free to ask me any questions.
I’m sorry to hear about your situation! It sounds really frustrating, especially since you were driving safely and trying to avoid the hazard. Here are a few points to consider:
Insurance Reporting: If you choose to report this to your insurance, you might need to be cautious about how you present the situation. Emphasize that it was an unexpected hazard on the road and that you took reasonable steps to avoid it. Your dashcam footage could help prove that you were being cautious.
At-Fault Determination: While the officer mentioned the possibility of being marked at fault, your insurance company may still consider the circumstances. The fact that it was a construction cone on the freeway may work in your favor.
Cost of Repairs: Consider obtaining quotes for the repairs. If the damage is significant and exceeds your deductible, it might be worth going through insurance despite the potential at-fault mark. If it’s minor, you might want to weigh the costs of repairs against the hassle of an at-fault accident on your record.
Legal Advice: If you’re really concerned about the implications on your driving record or insurance, consulting with a legal expert or an insurance advisor could provide clarity on your best course of action.
Taking Action: If you decide to pay out of pocket, make sure to keep any records or estimates for future reference. But if you feel uncertain or think your insurance will cover it without significant downsides, then reporting it might be the better option.
Ultimately, it depends on the extent of the damage and your comfort level with reporting it. Good luck, and I hope you get through this smoothly!