Got in an accident on the free way...is this my fault? Please help...
#1
Got in an accident on the free way...is this my fault? Please help...
So yesterday I was driving on the 91 Freeway and going about 60-70 MPH. I wasn't tailgating any car in front of me but the truck that was on the right lane of me and 30 or so feet down of where my car was, slammed on his brakes and swerved into my lane, so it would have been a nasty collision had I not done anything and drove straight on to him, but I had 1 sec to react and my natural reaction was to swerve right, there was cars blocking me on the left lane...anyways, I swerved right and I see an open canopy on the road immediately and then I try to swerve left to avoid it but wasn't so lucky. It scrapped the right side of my car and knocked out the cover for my right side mirror.
I presume the truck swerved left into my lane to avoid a canopy that some truck dropped on the freeway...
But this whole incident, is this my fault? There's no way I could have avoided it. I have full converage for my insurance, but I'm not sure if I should report it because I don't want my premium to go up...please help.
I presume the truck swerved left into my lane to avoid a canopy that some truck dropped on the freeway...
But this whole incident, is this my fault? There's no way I could have avoided it. I have full converage for my insurance, but I'm not sure if I should report it because I don't want my premium to go up...please help.
#2
Unless the canopy itself was moving toward your car I believe that this will be a collision claim as opposed to comprehension. In which case it counts as points on your insurance. That's the way such types of incidents have been explained to me. It may be different depending on the state where you are insured though.
#3
It's probably best to review it with your agent (assuming he's cool). I talk to mine all the time about different s**t and get good advice. You won't be charged unless you file a claim to get it fixed. If you find out that it is your fault, you can always not file a claim and get it fixed yourself with no penalty. At least this way you would know if it is collision or comprehension.
#5
If you file a claim it will ge covered under your collision policy as your car struck an object. Comprehensive covers damage to your car caused by anything other than striking an object. Things for you to factor in whether or not to file a claim depends on how much the damage will cost to repair, how much your collision deductible is, and whether it will cause an increase in your premium.
It doesn't really matter who's "fault" it is unless you have the person who dropped the canopy in the road willing to sign a statement admitting to it. Then their insurance would pay.
It doesn't really matter who's "fault" it is unless you have the person who dropped the canopy in the road willing to sign a statement admitting to it. Then their insurance would pay.
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#8
Your conscience can rest easy; you did the best you could, given the situation. Your auto insurance company, however, cannot take that into consideration and will, in all probability hike your rates up. See if you can afford to fix it on your own; if not, go ahead and use the insurance. It’ll be fine. Things have a way of working themselves out.
Last edited by Black Betty; 05-23-2011 at 11:45 AM.
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