Flipped the story after started the claim with the Insurance

by Mani
(Sunnyvale, CA)

I was driving straight (North) on a road (rainy condition, 25-30 to my best knowledge) and other party (SUV) was waiting to turn Left (to drive South on Lawrence Station Road) from a Parking Lot.

My driving speed was between 25-30 mph, when I was close to the intersection about 10-15 feet from the intersection, the Mazda started making a Left turn from the Parking Lot and eventually coming in my way.

I applied brakes to the fullest possible extent and since the road was slippery (due to rain) it did not make a full stop eventually hit the SUV.

The impact point was Front Passenger side Fender for my car and Front Driver Side Bumper on the SUV. The damage is very minimal on the SUV; some minor scratches on the bumper.

We did not call the police and all I have is the photos that I took at the incident.

When they initially spoke they admitted their mistake; I was nice with them and told them will that I might need the damage fixed. Initially they were begging not to go through insurance as it's a minor damage!!! :)

After I reported the incident to the insurance they are saying that I was speeding and rammed into their SUV!!

My problem is I don't have any police report or witnesses. Now I wonder what will happen?

Any tips on how to handle this case will be appreciated.

Thanks and Happy New Year 2011! :)

Answer:

Hello Mani,

Well, this is why you always call the police, even if they do no respond. Now it will be a word v. word situation.

The good news is that you have far more evidence. If you were going over the speed limit, damages should have been substantial. Proving speed without damages or objective findings (a radar gun) the other side will have a hard time proving what happened.

The bottom line here is that you had the right of way and they had a stop sign. Also, they are exiting a parking lot, which means they must yield to street traffic.

Contact your own insurance company to make sure you cover your basis.

We hope hope this helps,

Good Luck
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