No contact, still considered an accident?

by Guest » Fri Apr 20, 2007 02:14 am
Guest

Last Saturday night a man and I almost got into an accident. We both swerved-- neither of our vehicles made contact with one another. He was going pretty fast so when he swerved he went up on the median.

This was my first experience of anything remotely accident-related, and I wasn't really sure what to do. The guy took down my insurance information and he said he wrote down his as well, but when I looked for it, he didn't write it.

So now his wife calls and says that the vehicle isn't working, what do I do?

Is this even considered an accident?

[post moved to the right forum, thanks]

Total Comments: 13

Posted: Fri Apr 20, 2007 01:33 pm Post Subject:

What you do reallty depends on what happen and why.... of which, you only state that you both swerved. This really does not say anything about what happen. What state the accident happened in also makes a big difference.

In very general terms, it's difficult to place fault on anyone if there was no contact as the argument can always be made that the person with the damage over-reacted or reacted incorrectly and therefor caused their own damage.

If you'd like better information, please post in more detail about what happen and what state the accident occured in.

Posted: Mon Apr 23, 2007 04:21 am Post Subject:

I think if the person on the spot done wrong it mean it is that person fault and he can't claimed anything from insurance company now.

Posted: Mon Apr 23, 2007 04:54 am Post Subject:

Actually if we analyze properly it is not an accident then why the person wife is claiming and why calling "Criticasartist". I don't think it is an accident.

Posted: Mon Apr 23, 2007 01:42 pm Post Subject:

"Accident" would just be a lay person's term in this situation ("unforeseen occurrence"). One person could easily be legally liable for the damage to another person's vehicle even if there was no contact between the two vehicles. It happens quite often.

Posted: Fri Apr 27, 2007 05:05 am Post Subject:

wow tricky.. well since it does not sound like the police were involved there is no way to really prove if you were actually in the wrong or did anything. Sounds kind of fishy to me. If he was the one that swerved..to me I was told that you should be in control of you car at all times...I would think that would be covered by their own policy. Was he able to drive the car away after the incodent?? Just curious there are some shady people in the world today you have to watch out.

Posted: Mon Jun 11, 2012 04:51 pm Post Subject: accident

being sued for a accident where their was no contact but other person hit a tree and passed away police put his speed limit at 45mph all i did was exit private area i looked both ways when i came out where he came from i had no idea so how am i liable

Posted: Mon Jun 11, 2012 06:18 pm Post Subject:

It is fairly common to see motor vehicle damages arise from non-contact collisions. Normally, an offending vehicle swerves into the pathway of the innocent driver, causing that innocent driver to take evasive action which sometimes harms the vehicle (i.e. the crash into a curb or tree). Unless the offending driver sticks around (which is seldom) it is difficult to recover damages from the offending vehicle since the main obstacle is often identifying the operator and owner of the offending vehicle. The next hurdle to overcome is establishing liability (i.e. blame). Without any corroborating evidence such as the testimony of an independent witness, the facts of the loss are difficult to prove since there are no damages on the offending vehicle, Instead, its essentially driver vs. driver and each driver will states facts that support their own version.

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Posted: Thu Sep 06, 2012 03:27 pm Post Subject: Is this situation an uninsured motorist mishap

While my wife was proceeding with ROW travel another veh attempted to cross her line of travel and at the same time a second veh slightly farther ahead attempted to do the same manuver. The first unit cut across my wife's line of travel and the second's unit view of my wife. The frist unit made it through but the second unit not seeing my wife collided with her. They say the other unit was the cause of the accident but there was no contact with the unit. The contact occurred between my wife and the second unit. Since the first unit left scene before Police arrived and there was no identifying information obtained. Is this accident considered caused by an uninsured driver?

Posted: Fri Sep 07, 2012 02:04 pm Post Subject:

Is this accident considered caused by an uninsured driver?



If you are asking about filing a claim under your uninsured motorist coverages, the answer is YES, you can file that claim. Was the accident caused by an uninsured driver? No one here can say.

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