me vs. semi

[wild.irish]

not sure if this belongs to HAI vs. all forum, but we don't seem to have collision related forum ;) anyway, this is not about me racing a semi. much rather fighting with them again (my second truck).

this time it got away with a bent landing gear, lucky bastard. and i'm afraid i'm about to total a car. luckily or not, this was not my car, but a corporate car, covered under corporate insurance. it is still driveable though. well, we exchanged all info with a truck driver, and signed each other's copy of a statement of what happened. now seems like i'm supposed to file accident report at colorado state patrol. so i'm wondering, did somebody have this experience of filing accident reports? how do they fine me or give me a ticket? or will they at all? i'm kinda ready for extra 6 points for my record, but i'm curious when to expect it and if there's going to be some sort of hearing in this case? any info would be greatly appreciated.

[STIBungy]

So the accident was your fault but no police were called to the scene?

[wild.irish]

it's not strictly speaking 100% my fault. he was merging from acceleration lane. and was going low 30 mph, but already half in my lane and half in acceleration lane. it's when i realized there's no way around him, hit the brakes, tried to sharp-turn around, and had a horrible body roll immediately, which eventually pointed me almost perpendicular to him.

basically, it was his idea to just move away without cops, cause the law is something like move accidents from traffic, etc. and i didn't mind that.

[STIBungy]

Well, it sounds to me like it's his fault for merging in and hitting you.

Usually, you'd want cops at the scene so a more accurate report can be filed. Now it basically boils down to his word against yours.

Some friends of mine have gotten screwed in those situations. The person will admit fault there and they'd go their separate ways, later the person at fault will change his story.

[wild.irish]

the basis for the story is written and signed and each of us has our copy. so there's that, no fault declaration is written down of course. but i guess i was seriously freaked out at the scene, cause when i later was reading the statement more attentively, i realised how vague it was formulated, and how it can be turned in favor of either of us.

yeah, my strong point is that he was merging. period. so if it gets down to some sort of hearing or court, he will have to mention that, and it will seriously weaken his position. but on the other hand, i'm not sure what will be desided, if no hearing will be appointed and if CSP will make descision based on the statement that we'll file

[myshtern]

If he is a trucker, he probably doesnt live in CO. He probably drives around the US.

If there is a court date, he probably wont be able to show up. So wouldnt that mean the fault goes to him?

Hope for a court date?

[wild.irish]

good idea! his tractor (towing engine) is colorado-registered, according to papers, but i noticed the trailer was from Nebraska. so he might not be available for the court day, indeed.

[computingfuture]

good idea! his tractor (towing engine) is colorado-registered, according to papers, but i noticed the trailer was from Nebraska. so he might not be available for the court day, indeed.
yeah what we used to do in Florida was call in sick to the court date, police would then show up once to a cancelled court case but not to the rescheduled date and you would get off. I donnt if the law is different state to state but me and my buddies did this a lot. U didnt even need a sick note.

[turok_crx]

I don't even think that they will give you a ticket, they just want to know about the incident. I got in an accident with no police involved and had to report it to the highway patrol and nothing ever happened. No ticket, no court hearing. The only thing is if you don't report it and they find out about it they will come looking for you posably with a warrent!

[wild.irish]

you're absolutely right!

sorry, guys, should have posted the update. so yesterday i have filed the report to CSP and yes, they told me that they don't care who's fault it is. they just need it for the record. no tickets, no points, and the only thing is just an accident record on my driver's licence. now on to the funny stuff - insurance companies. they're now supposed to determine who's fault it was. but for some reason i can't reach our corporate agent for the second day in a row!! unbelievable! i'll post update when it's over

[wild.irish]

Update: got a call from a guy who did estimation of the car, he said it's gonna be totalled. :( i killed Accord! can't believe it :cry:

anyway, i never did it before, give me some hints on totalled cars. i'm still expecting a call from insurance company, i suppose they'll say about the check they're gonna send. so then i think the title should be reissued, registration revoked? and basically this car cannot be driven from that moment, right? how exactly it happens?

[AgressivMX3]

a friend of mine was sideswiped by an El Camino, the ins. co. totalled his car and gave him a check for it's value. He used the money to fix the car and is still driving it. I don't know exactly what happened for him to keep it, I think they just cut him a check and didn't care what he did with the car because their liability was fulfilled.

[chris_venturini]

Check the Kelly bluebook prices on your car and make sure what they give you is reasonably close to that. When my 94 accord was totalled they tried to lowball me with 4500, i showed them kelly, argued, etc, and they revised it to 5500.

[wild.irish]

thanks! that's useful.