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timsalexander · Jul 17, 2008, 08:49 AM

I was recently involved in a car accident near Austin, TX. I was driving a rental car returning to a hotel on a windy road and in the dark. Speed was approximately 25 mph for both cars (estimate).

As I rounded a corner I saw lights coming from the other direction and corrected to the right, impacting the side curb and then throwing me back to the center, hitting the other person near the center line. The accident happened so quickly I can't squarely place fault, but my car did impact the side of hers.

The impact of the accident totalled the other driver's car. Mine was a rental. Both insurance companies have been contacted and the process of investigation is proceeding. The father of the other driver is convinced the accident was my fault (although he was not there until after the fact) and is threatening legal action if the insurance investigation is not to his liking. He has asked that I just pay blue book on the other car and we will be settled. I don't have results from the insurance investigations yet, nor the police report.

Anyone have experience or advice?

N0help4u · Jul 17, 2008, 08:54 AM

He is threatening you to pay instead of the insurance company?
That is harassment
But from what you say all they did was have their headlights on and
I see no fault of theirs in what you said.

Tell the father that he will have to talk directly to your insurance company because you do not appreciate the harassment.

Fr_Chuck · Jul 17, 2008, 01:27 PM

Yes, he has full legal right to sue you, he does not have to accept the insurance companies answer if he does not want to.

A lot will depend on the police report, but your statement, you hit the curb and it sent you back, that could easily send you across the line. The police should have tried to determine the Point of First Inpact location, this though skid marks and body parts on road. Plus skid of vechiles to the final resting place.

progunr · Jul 17, 2008, 01:32 PM

You have insurance, they will represent you in this matter.

If you crossed the center line, after hitting the curb, you are at fault.

Yes, he can sue you, but this is the reason you have insurance, so that you have legal representation if he does.

Tell him you will not speak to him again about this and tell him to speak with your insurance company if he has any questions.

jasking · Sep 10, 2008, 03:31 PM

Definitely wait for the insurance companies' decisions and refuse to negotiate anything with this man until the insurers have finished... otherwise, you might lose the coverage they provide you. Some insurance coverages become void if the insured person negotiates on their own.

He does have the right to sue you if the insurance settlement isn't to his satisfaction, but he doesn't have the right to harass you about it. If the settlement is too little to satisfy him, you could negotiate with him for an additional amount, if you like, but I'd have an attorney involved to make sure you're released from all liability when you hand over a check.