Expert: webfoot - 7/14/2006

Question
I don't get the logic. If I were to brake, how would the bumper be pulled forward. It is not caught on anything. If the situation you described happened, there would be less damage to the bumper.  I could only  create the damage if I jerked my car very hard into the other cars lane.

Also, is there anything called a situation of what most likely happened.

Either A: Another car couldn't see me in their blind spot and cut me off, thereby clipping me in the bumper.

Or B: I rammed into a car I could clearly see on the Driver side.

Anyway, if the other person's insurance company denies the claim, is their any other recourse?

Also to answer your question about calling the police, it is only required by law in our state if someone was injured. That being said, I have known by past experience that the police response in our state is very slow if their is no imminent threat and I did not want to spend any time on the side of the freeway as necessary.  

However, I suppose this is good practice to figure out who is at fault.


Thanks

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Followup To

Question -
Our car was damaged on the left front bumper.

There car was damaged on the right rear bumper.
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Followup To

Question -
Hi,
I was recently involved in an accident in which  a driver cut me off and spun my car.  However, this driver told her insurance company that I tried to go into her lane, which was completely false. The insurance company said that I needed a witness, but since it was on the freeway I have none.  

How can I prove my claim against her? Also what should I have done?  I didn't call the police because it was the side of the road and I doubted they would come plus there was no injury.  

Looking at my car, the bumper is pulled out forward on one side from her hitting it. Can this be conclusive forensic evidence as I can't see how I could cause that.  I think I would have had to be braking and changing lanes in order to create that on my own.


Thanks

Answer -
I will need a more specific description of the damage on both cars in order to address this question.  Who's car is damaged where?

Answer -
Based on the location of the damage, what you are telling me about the front bumper being bent outward and forward is inconclusive.  The reason is that if one were to change lanes to the left and were to strike another vehicle, the first reaction would then be to slam on the brakes.  Then as the other vehicle is still moving, it would pull first vehicle's bumper outward and forward.  

In this scenerio, with no witness and no police report, most claim reps rely on what is called "last clear chance".  Who had the last clear chance to avoid the accident?  It's generally the one with the clearest view of the other vehicle.  In this case, it would be you as you were not hindered by a possible blind spot.  You could see the other vehicle more clearly than that driver could see you.  If liability cannot be proven either way, then both insurance companies should deny the claim to the other party and have both parties file for their own damages.

Yes, the police would have shown up and by law, they should have been contacted.

Answer
Thanks for the feedback!

The bottom line is that in this type of collision, it is possible to apply many theories to the cause of the damage.  These are one of the most disputed scenerios for that reason.  As the physical evidence is so ambiguous and you only have access to your own vehicle to document the damage, it may prove difficult to get the other insurance company to pay.  

However, if you file a small claims suit, which is very simple and inexpensive; they may settle just to protect their insured from litigation.  If it does actually go to court, you will need some really good scene pictures, two to three estimates for your damage and a great presentation.  You could prevail and would love to know how this turns out.
Good luck!