Am I automatically at fault because the damage is on my front bumper?
Today, I was driving down a road where I had the right of way (no stop signs or traffic lights for my direction) when a car attempted to cross from a stop sign in the opposite direction. It seemed to appear out of nowhere, and I barely managed to stop in time by slamming on the brakes and swerving to the right, ending up hitting his back right while my front left bumper made contact.
Here’s what happened:
– After the collision, the other driver got out and immediately apologized, admitting he only had a learner’s permit and was alone in the car (I recorded this).
– We were close to his house, so I followed him as he couldn’t find his insurance information.
– His parents came out and pressured me to lie, asking me to say his mom was driving instead to protect the son’s record.
– They tried to manipulate the situation by suggesting we both tell the insurance that a parent was in the car with him (I have this recorded as well).
– While I felt some sympathy for this kid, I realized that if I hadn’t swerved, the accident could have been much worse for both of us. He’s still learning to drive but should have had an adult with him.
– When I refused to lie to the insurance, the dad started gaslighting me, implying that since the damage was on my front bumper, I must have been speeding and unable to stop in time.
Now I’m uncertain if this will be ruled my fault. I regret not filing a police report. The only footage I have is of the son admitting fault and the dad coercing me. With the damage on my vehicle and no witnesses, I’m worried. I’m also experiencing significant pain in my neck and shoulder, and this feels worse than previous whiplash episodes. Given everything, do you think I should consider getting a lawyer?
It sounds like you’re in a very tricky situation, and it’s completely understandable to feel anxious about how it might play out. Here are a few points to consider:
Right of Way: Since you had the right of way and the other driver was at a stop sign, this could work in your favor regarding liability. His admission of fault on tape is crucial evidence.
Documentation: Even though you didn’t get a police report, having the video evidence of him apologizing and admitting fault, along with the interactions with his parents, may still be beneficial. Document everything, including your version of events and any injuries you’ve sustained.
Insurance Claims: The fact that the other driver was unaccompanied and his father’s attempt to manipulate the situation may potentially demonstrate that he was not following proper guidelines for a learner driver. This could come into play in discussions with insurance companies.
Legal Consultation: Given your injuries and the pressure from the other driver’s parents, consulting with a lawyer specializing in auto accidents could be a wise choice. They can advise you on how strong your case is and what steps to take next, including how to approach insurance claims and any potential compensation for your injuries.
Medical Attention: Don’t overlook your health. If you’re feeling pain and suspect whiplash, seek medical attention. Documenting your injuries is important for any claims you might pursue.
Ultimately, you shouldn’t feel at fault just because the damage is to your front bumper, especially given the circumstances you described. A lawyer can help clarify your options and guide you through the process.