Car accident question...

12-09-2010, 02:05 PM
Yesterday as I was driving home, an Acura TL in front of me went into the center yellow lane to turn left but decided to come back out of the lane the last second, so I hit him in the bumper lightly. There was no visible damage to his car and my car's front license plate was a bit bent and bumper was scraped.

This morning I found out the other person made a claim to AAA saying that he and his wife had a whiplash from the accident. Is that even possible?! What should I do? Any help would be greatly appreciated!

Thanks in advanced!

12-09-2010, 03:15 PM
I'm not an attorney, and am familiar with only the laws here in New York, but one thing I'm pretty confident in, is that you made a mistake in judgment by not staying at the scene and requesting police intervention. Especially when your car had visible damage, and it can safely be said you hit another motorist from behind.

A police report is the sole evidence your insurance company has to defend itself in an action against you. Even if you didn't think the damage warranted the police, you now understand why it's important to also consider the potential for future medical liability to either yourself or the other party.

It could be said that either, or both of you are guilty of leaving the scene of an accident. If true, your insurance company may deny the claim. But again, I am not an attorney.

I would suggest that you make two phone calls. The first to your insurance company explaining the details and the second to an attorney in your area who specializes in motorist/accident claim cases. Advice from either of them may lead you to your local precinct where you may have to do some paperwork.

Lastly, I don't know how a AAA claim fits into this equation, unless they are the other parties insurance carrier. Either way, it's best you contact your own insurance provider and explain the details. You might also want to take pictures of your vehicle and the scene of incident, and if possible, if you have the information, of the other vehicle involved.

Did you not at least exchange information with the other driver?

12-09-2010, 03:18 PM
Also, do not speak to anyone on behalf of the other party until you first speak with your own insurance carrier, and they agree to allow you to speak to the other party. Otherwise, whatever you say to the other party could be used against your claim. Should you receive a call from their insurance provider, give them the name and policy number of your provider and inform that they speak with them directly. That's what they do.

12-09-2010, 03:40 PM
Thank you for the fast response.

Yes, I did exchange information with the other party. I was going to call my father and police, but the other driver said he was in a rush and he left after we had exchanged information. I did take a few pictures of his car and my car.

I went to AAA this morning to file a claim for the accident, but the agent told me there was already a claim filed by the other party waiting for me.

How is it possible to have a whiplash from a fender bender where his car was not even damage?! I think he's trying to play the system...

12-09-2010, 03:50 PM
They can say and claim whatever they want, don't worry about that. That's the job of the insurance carriers. They will speak with one another and handle those details.

I would suggest again contacting your insurance carrier and filing your own police report. Since you have the information from the other driver, and vice-versa, there's no "leaving the scene" here.

In New York, these claims are usually filed under what's called "No Fault" (even though one driver appears to be at fault over the other). New York is a "No Fault" state, so it doesn't matter anyway. I don't know the laws in California.

As long as your liability is paid up to date, I don't think you'll have any problems here. But that's just an opinion... get the facts from the people who know: your insurance carrier, the police and if necessary, an attorney (though probably not likely necessary with your supplemental details).

Call your insurance company as soon as possible and give them the details. Let us know how it turns out.

03-24-2011, 07:02 AM
This is not too much serious problem.You only need to concern to your auto insurance Company regarding this matter. They will Surely give you the solution..No need to worry about.

11-02-2011, 12:56 PM
Hey jetboy2004. Sorry to hear of your problem. I know it's a bit late for you, but I read a book called "Car Insurance Secrets", by Ron Alford, that really helped me with a similar problem I had a few months back. It gives lots of advice on what to do in all kinds of incidents like this, and also saves me a ton of time & money in figuring out my insurance policies every year, and in picking a good repair guy.

You have my sympathy regarding your situation. It seems a bit fishy.

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