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Mlsoto104 · Jun 18, 2012, 10:22 AM

Hello, I was involved in a car accident this morning and my car was totaled. A woman veered into the right lane, did not turn her blinker on, cut me off, so I swerved to save myself. When I swerved I went over the curb and slammed head-on into a light pole, both of my airbags deployed. I had a 2000 Toyota Echo, it is now totaled. The problem is, the police said the they had put on the police report that it was neither person's fault since there were no witnesses. However, my husband was there as a witness a few cars behind me, but the cops said he would be an unbiased witness. I did not have collision insurance since my car was only worth $1,000. Does anyone have any advice as to what I should do, or go about getting money from the woman's insurance company? We know it was her fault, and she even said it was her fault. But from the way it is looking, we aren't going to get any money, and this woman will get off scotch free.

smoothy · Jun 18, 2012, 10:38 AM

Originally Posted by Mlsoto104

Hello, I was involved in a car accident this morning and my car was totaled. A woman veered into the right lane, did not turn her blinker on, cut me off, so I swerved to save myself. When I swerved I went over the curb and slammed head-on into a light pole, both of my airbags deployed. I had a 2000 Toyota Echo, it is now totaled. The problem is, the police said the they had put on the police report that it was neither person's fault since there were no witnesses. However, my husband was there as a witness a few cars behind me, but the cops said he would be an unbiased witness. I did not have collision insurance since my car was only worth $1,000. Does anyone have any advice as to what I should do, or go about getting money from the woman's insurance company? We know it was her fault, and she even said it was her fault. But from the way it is looking, we aren't going to get any money, and this woman wil get off scotch free.

Even If she didn't physically hit your car... you are still responsible for maintaining control of your own vehicle. Sorry but that's how the law reads. By your own admission you over reacted and lost control.

On what you said about your husband... the correct term would be a "BIASED" witness, not an unbiased one. An Unbiased witness would not know either of you.

You can try to turn it in to her insurance... but they will have the police report backing them up if they decide to refuse to pay.

AK lawyer · Jun 18, 2012, 11:17 AM

Originally Posted by smoothy

... You can try to turn it in to her insurance....but they will have the police report backing them up if they decide to refuse to pay.

Doesn't much matter. All the police report says, apparently, is that the cop who wrote it didn't see the accident and so isn't going to charge anyone. You may have to sue her in small claims court, but it appears that you have a good case, so her insurance might very well pay if you ask them to. And if they don't, they will have to pay if you get a small claims court judgment.