Am I automatically at fault just because the damage is to my front bumper?
Today, I was driving down a street where I had the right of way—no stop sign or traffic light for my direction. Suddenly, a car trying to cross from a stop sign on the opposite side came out of nowhere. I reacted quickly, slamming on the brakes and swerving to the right (into the street the other car was trying to enter). As a result, I collided with his car, hitting him on my front left bumper while he sustained damage to his back right.
Here’s a breakdown of what happened:
- The other driver got out of his car and immediately apologized, admitting he only had a permit and no licensed adult with him (I have this on tape).
- We were just a street away from his house, and I followed him since he didn’t have his insurance documents readily available.
- His parents came out and asked me to falsely claim that it was his mother driving, as they didn’t want it affecting his record.
- They pressured me to coordinate our stories so we could tell the insurance that a parent was in the vehicle (I have this on tape too).
- The father guilt-tripped me, saying his son would have a poor driving record. I felt sympathy for the kid, but if I hadn’t swerved, the accident could have been far worse for both of us. He’s still learning, and he really shouldn’t have been driving alone.
- When I refused to lie to the insurance, the father started gaslighting me, implying that I must have been speeding since the damage is on my front.
Now I’m anxious about whether this will be considered my fault. I regret not getting a police report; all I have are videos of the son admitting fault and the dad trying to coerce me into lying. The damage is on the front of my car, and there are no witnesses. Additionally, I’m experiencing neck and shoulder pain, which feels worse than just whiplash. Given the situation, do you think it’s worth it for me to consult a lawyer?
It sounds like you had a very stressful situation, and it’s understandable to feel uncertain about fault, especially with the pressure from the other party involved. Here are some points to consider:
Right of Way: Since you had the right of way and the other driver was trying to cross your path, that is a significant factor in determining fault. If the driver came from a stop sign and didn’t yield, that could be a clear indicator that they were at fault.
Evidence: The fact that you have video footage of the other driver admitting fault and the dad pressuring you to lie is crucial. This evidence could help support your case if the other party tries to claim that you were at fault due to the damage on your front bumper.
Damage Location: While the location of the damage can play a role in determining fault, it is not the only factor. The circumstances leading to the accident, including your right of way and how the other vehicle entered the road, are essential in assessing liability.
Injury Concerns: Given your mention of pain and potential whiplash, it might be wise to seek medical attention if you haven’t already. Documenting your injuries is important, especially if you consider pursuing a claim.
Legal Advice: Consulting a lawyer can be beneficial, especially if you feel uncertain about navigating the insurance claim process or if there is potential for disputes regarding fault. They can help you understand your rights and options based on your specific situation.
Insurance Communication: Be honest when you report the incident to your insurance company. Provide them with all the evidence you have, including the videos and any details about the other driver’s admission of fault.
In summary, while the damage on your front bumper may raise questions, the context of the accident and the other party’s behavior play significant roles in determining fault. Given the situation, consulting with a lawyer might give you peace of mind and clarify your best course of action.