A few days ago I was on highway in right lane (slow lane) on a three lane highway. There was a car (car 1) about 30 feet ahead of me (car 2) that slammed on thier brakes. The first thing I did was analyze the situation (why the car was stopping so hard) there was no traffic seemed the car in front of car 1 slammed on their brakes. Of course I hit brakes (not as hard or fast as the car in front of me). I was far enough back to stop in time. I began to come to a full stop about 5-8 feet behind car 1. Then the car (car 3) behind me rear ended me. The impact caused me to go forward towards car 1. To avoid hitting car 1 I swerved to the right which was another lane (an on ramp lane). I missed rear ending, clipping car 1 by doing this by a foot. The spot where I swerved was the beginning of the on ramp (solid white/ do not cross lane)< there is a reason I mention that will get to in a sec.
Me, car 2, and car 3 (one that rear ended me) pulled over to shoulder to the right of on ramp lane. Driver of car 3 comes running over apologizing and took blame.. She, car 3, said we should pull of highway because the shoulder was too narrow and there were a lot of cars, happened around 6:40 pm. Traffic had died down but lots of cars around still.
We went to parking lot off the 1st exit we came too. Driver of car 3 came out to me again aplologizing offering to have her insurance tow my car so we could get the process started. She kept saying sorry and blah blah blah.. She even wrote down her insurance info saying I could file claim.
She walked away called some1, then her friend shows up with a camera taking pictures. Before that though we decided to go ahead and call Dallas, TX police just to make sure everything was covered and to have report. Anyways after her friend shows up she comes to me saying her insurance company was closed, which I verified later, and that she wasn't sure the accident was her fault.*
At this time she, car 3, claimed that she was already switching/ turning into right lane (the on ramp lane) before she even saw the accident. This is why I mentioned that the on ramp had just started and there were solid white lanes (solid "do not cross" white lines). She said that I swerved to avoid the car in front of me into the right on ramp lane as she was getting into lane too and that is how she rear ended me< all BS anyways! And either way she still rear ended me. As I said though I did not move whatsoever until she hit me. I had no reason too move/ serve/ turn into on ramp lane. Also after she hit me and I swerved into the lane I was facing more at a diagonal, not completely diagonal but more diagonal than straight, position which if what she says is true she would had hit the side back end of my car
As I said I only swerved after she rear ended me to avoiding hitting/ rear ending car 1. Even after I began to stop I looked to my rear view to see who was behind me and I saw her coming fast with no turn signal either way. She, car 3, even tried to say this to the police officer and I was a little iritated at this point and said to the cop and her, car 3, that if that what she was saying was true then she was making an ilegal lane change over solid white lines before anything happened. When I said this she got queit and walked away. The officer even said she rear ended me so it doesn't matter but that the insurance comqpnies will sort it out. He took my statment them hers. Officer came back to me asking what my intentions were before the accident (was I plannning on switching or staying in that lane) I was staying in that lane.. He even asked if "I had been drinking" which I dont drink and was not drinking and told the officer "no." I'm thinking lady, car 3, tried to start that. But who k ows maybe just a standard question. But I was sure to tell officer she changed her story.
Damage:
my bumper/ trunk are pushed in fairly bad, she had to be going at least 50-60 mph. The marks on my bumper are fairly centered with slightly more damage on the right side. Same with her, car 3, car damage fairly even on front bumper with slightly more damage on left side up to front fender. Her whole front in was pushed in, far enough that the radiator was pushed back. Her left front fender had more damage but the whole front in was pushed in. The damage spread all over my rear bumper and her front bumper. Not just one side.*
Obviously from damage she hit slightly, maybe a 4-5 inches off to the right of my rear bumper. What really happened was she was swerving to avoid my car but was to late. She even told me she just got her car back from an accident. I'm guessing she doesn't want another claim.
First the next morning I filed a claim on her insurance and then called mine to let them know what was going on.*
My QUESTION:
I know that in Texas usually the person that rear ends he other is at fault but if she continues to lie wouldn't she still be at fault? I know the truth and she does too! I just want to know cause of new years I am waiting to until Monday to hear back from either insurance company.
As far as Im concerened even if she claims ("in her side") there were no solid lines to indicate no lane switching and "I got in her way" I still had control of said lane if she rear ended me right? Basically if her "side" of the story still is to be believed it puts her at fault?
Also my iPhone was broken from the Impact, the screen is cracked, the phone flew from center consule and hit something. Will my phone be replaced? Or can I claim that?*
Also the impact and me turning the steering wheel to the right cause me to scrape the barrior wall and left a small dent on front fendor and scratches in the right side of front bumper below where fender was dented.
Me, car 2, and car 3 (one that rear ended me) pulled over to shoulder to the right of on ramp lane. Driver of car 3 comes running over apologizing and took blame.. She, car 3, said we should pull of highway because the shoulder was too narrow and there were a lot of cars, happened around 6:40 pm. Traffic had died down but lots of cars around still.
We went to parking lot off the 1st exit we came too. Driver of car 3 came out to me again aplologizing offering to have her insurance tow my car so we could get the process started. She kept saying sorry and blah blah blah.. She even wrote down her insurance info saying I could file claim.
She walked away called some1, then her friend shows up with a camera taking pictures. Before that though we decided to go ahead and call Dallas, TX police just to make sure everything was covered and to have report. Anyways after her friend shows up she comes to me saying her insurance company was closed, which I verified later, and that she wasn't sure the accident was her fault.*
At this time she, car 3, claimed that she was already switching/ turning into right lane (the on ramp lane) before she even saw the accident. This is why I mentioned that the on ramp had just started and there were solid white lanes (solid "do not cross" white lines). She said that I swerved to avoid the car in front of me into the right on ramp lane as she was getting into lane too and that is how she rear ended me< all BS anyways! And either way she still rear ended me. As I said though I did not move whatsoever until she hit me. I had no reason too move/ serve/ turn into on ramp lane. Also after she hit me and I swerved into the lane I was facing more at a diagonal, not completely diagonal but more diagonal than straight, position which if what she says is true she would had hit the side back end of my car
As I said I only swerved after she rear ended me to avoiding hitting/ rear ending car 1. Even after I began to stop I looked to my rear view to see who was behind me and I saw her coming fast with no turn signal either way. She, car 3, even tried to say this to the police officer and I was a little iritated at this point and said to the cop and her, car 3, that if that what she was saying was true then she was making an ilegal lane change over solid white lines before anything happened. When I said this she got queit and walked away. The officer even said she rear ended me so it doesn't matter but that the insurance comqpnies will sort it out. He took my statment them hers. Officer came back to me asking what my intentions were before the accident (was I plannning on switching or staying in that lane) I was staying in that lane.. He even asked if "I had been drinking" which I dont drink and was not drinking and told the officer "no." I'm thinking lady, car 3, tried to start that. But who k ows maybe just a standard question. But I was sure to tell officer she changed her story.
Damage:
my bumper/ trunk are pushed in fairly bad, she had to be going at least 50-60 mph. The marks on my bumper are fairly centered with slightly more damage on the right side. Same with her, car 3, car damage fairly even on front bumper with slightly more damage on left side up to front fender. Her whole front in was pushed in, far enough that the radiator was pushed back. Her left front fender had more damage but the whole front in was pushed in. The damage spread all over my rear bumper and her front bumper. Not just one side.*
Obviously from damage she hit slightly, maybe a 4-5 inches off to the right of my rear bumper. What really happened was she was swerving to avoid my car but was to late. She even told me she just got her car back from an accident. I'm guessing she doesn't want another claim.
First the next morning I filed a claim on her insurance and then called mine to let them know what was going on.*
My QUESTION:
I know that in Texas usually the person that rear ends he other is at fault but if she continues to lie wouldn't she still be at fault? I know the truth and she does too! I just want to know cause of new years I am waiting to until Monday to hear back from either insurance company.
As far as Im concerened even if she claims ("in her side") there were no solid lines to indicate no lane switching and "I got in her way" I still had control of said lane if she rear ended me right? Basically if her "side" of the story still is to be believed it puts her at fault?
Also my iPhone was broken from the Impact, the screen is cracked, the phone flew from center consule and hit something. Will my phone be replaced? Or can I claim that?*
Also the impact and me turning the steering wheel to the right cause me to scrape the barrior wall and left a small dent on front fendor and scratches in the right side of front bumper below where fender was dented.
