50/50 fault in this fender bender? Video and pictures

DylanF

New Member
1
Hello everyone,

I'm looking for any input, advice, or guidance on my situation here.

Last December, a driver from Texas hit me in Colorado Springs (my hometown). I was making a left turn off of a main road into a parking lot. He was exiting the parking lot but he was taking up too much road for me to get through. I stopped and started honking. He kept going until there was resistance.
He claimed responsibility on the spot and we just swapped info. I didn't call the police. My first mistake. Of course, when he left, he changed his mind and said that he was already stopped when I came out of nowhere and hit him.

I took a lot of pictures of the scene and the damage to my car, etc. My adjuster said it wasn't enough.

I found a store owner that had video footage of the accident but he wouldn't show it to me unless my adjuster called and asked for it. Convincing my adjuster to spend 3 minutes making that phone call was like pulling teeth, but I convinced him. The store owner let me record the video playing on his computer. That said, the quality of the video is admittedly terrible.

When I e-mailed the video to my adjuster, I walked him through what happened. My adjuster said he couldn't see the actual accident and asked if I could provide that. I explained again what the video shows. He didn't ask anymore questions.

A few days later, he called and told me that the determination was 50/50 liability. We kept talking for about 10 minutes until he could pull up the video and go through it with me on the phone. All of a sudden it was so easy to see. He said "Before, I couldn't tell which car was yours" and went on to say "I'll get in touch with the other insurer and make sure they accept liability". That's exactly what he told me.

The last time I heard from my adjuster was 12/22/16. He said he would get in touch with me after he got back from Christmas break and spoke to the other insurer. I found out today 10/9/17 that my claim was closed on 1/16/17. I never got any phone call, e-mail, or letter from them about closing my claim and we never came to any settlement.



Breakdown of the video:
The silver truck on the left is the other driver. The maroon car on the right is me.
I'll try not to over explain it, but notice a few things.
At 13 seconds, you can see my car stop through the trees. I start honking and the truck keeps going. The video freezes at 15 seconds and when it comes back, you can see that the truck moved another foot forward. (The accident happens during the time it's frozen and you can just barely hear it at about 19 seconds.) If you watch until 37-38 seconds, you can see the other driver looking behind his truck still trying to figure out who was honking lol.

WARNING: Play at low volume.


Accidentpic1.jpg Accidentpic2.jpg
 
Sorry, but all I can see in that video is the truck stopped in the driveway. I cannot see your car. After you made the left, your car cannot be seen. I can only conclude from the video that you turned into the driveway and hit him will he was sitting still.

I don't see him having any fault at all.
 
Yeah, I've got to agree with AdjusterJack, the video is less then conclusive to anything, but if it shows anything, it shows you at fault.

Your adjuster was tired of you complaining and was being sarcastic when he said he could suddenly see something that isn't there and would over turn previous decisions.

And calling the cops on the scene would not have helped. In many jurisdictions, they would not come out anyway. Very minor fender bender, file the report yourself.

Dan
 
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