Rear-ended but not really..?
Ok so heres me and my friends situation.
We went on a trip and on the way back, some one passed us while going 100+ mph on a 2-lane one-way road. That car eventually lost control like a 100 feet away and started to flip and roll and because there was dirt, it created a mini dust storm. everyone infront of us slowed down and so we slowed down too. While we were slowing down, a car behind us goin at like 80 mph didnt notice. He swerved out of the way of our car but because he didnt want to fly off, he swerved back in and hit us with the back left of his car. our bumper did fall off on one side and there is only a dent on one side. Also, his back tire area kinda got damaged but its like super-glueable.. so is this an arguable case? cuz the cop we had only tended the other accident and so he said that since our words were the same, he wont give us a police report.
Answers:
Contact your insurance company. Provide them all of the information you have. If you don't have anything about the other driver, you are kind of screwed.
You bet!
You have to have a police report in order to get file a claim against the other person's insurance. Whomever gave the thumbsdown obviously has never been in a wreck. If the damage is over $500 you HAVE to have a police report. I have been hit twice and my insurance company wouldn't do anything until I gave them a copy of the police report!
Since you have his insurance info, give it to your insurance company and they will pursue it.
freelawanswer.com have people who are knowledgeable in different topics, hanging out on different categories. I think you could get a better quality reply if you were to post a question like this in Cars & Transportation / Safety or General.
If there was a police report on the 80-mph car that hit you, and that report agreed with your explanation that you had to jam on the brakes because of the 100 mph car, and the 80 mph car was following too closely to avoid collision, then you or your insurance comapny could use that police report to argue that the 80 mph driver or his insurance company should compensate your damages, unless you were in a no fault state when this happened.
In the absense of a such police report, you are out of luck.
first off, if a car came at you at 80MPH, he would have done a LOT more damage then just a dent and a bumber falling off... you'd probably be reading this answer from HEAVEN... so exaggerated speeds aside, if someone ran into YOUR car---THAT person is liable for damages to your car... IF there was more then $400 worth of damages to your car, then the police most definitely SHOULD have been there to make a police report.I sure hope you got the insurance information fromt he driver of the car that HIT you or else this entire question and answer are for NOTHING. call YOUR insurance company NOW if you haven't already-..
the police wouldn't give you a report... that is bogus! did you get a badge number? anyway no matter what the other guy going 80 that hit you if responsible for the damage on your car because he hit you. the winters where I live get pretty bad for snow and here even if the roads are complete ice - you run into someone you are responsible "over driving the conditions" in this case the conditions would be the dust flyin around. I am not sue happy by any means but you shouldnt be responsible for damages you didn't cause
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