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Question about car accident

Old 04-25-09, 06:14 PM
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Question about car accident

I figured the collective brain power of the other forum might know or have encountered this:

I have a friend who, while backing her car out of her garage in a residential street (you know, small residential street in SF with cars parked on the side), got hit by a car. She got hit in the rear corner, but amazingly the damage is quite extensive- the rear is just unrepairable. The other driver was driving with an expired driver's license. I really don't know who's at fault or not, since I wasn't there and only heard the story, and I can envision scenarios where either driver could be at fault (or both). One thing is probable... the other driver could have been driving quite fast for a residential area for the type of damage to occur. Anyway, my friend did call the cops at the time, but they said since there were no human injuries, they can't do anything about it. What she didn't tell them was the fact that the other driver was without a vaild driver's license. Also, my friend's insurance company now tells her that she is at fault because she was backing out of her garage.

I told her to call the cops again to tell them she was hit by someone driving with an expired license. At the very least, I think the cops need to know, and perhaps there is reason why the other driver doesn't have a valid license- e.g. medical conditions that preclude driving, which in that case, I would imagine that would be a big no-no for that driver, right? Of course, it could simply be the other driver was too lazy to renew the license.

Has anyone encountered this, and what would you do?
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Old 04-25-09, 06:38 PM
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Re: Question about car accident

Always call the cops in situations like this. Expired license, no insurance, hit-and-run, call the cops. My dad has was rear-ended two times, one time the driver had no insurance, the other time they ran. Neither time did he call the cops. Well a few month ago he got rear-ended, AGAIN, and the dude didn't have any insurance. So my dad (and some other drivers) blocked the guy in until the cops showed up. And in Dallas, they tow your car if you don't have insurance.
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Old 04-25-09, 08:14 PM
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Re: Question about car accident

The police should have come out to file a report, even if no one was hurt, and in California if you don't have a license, they take your car.
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Old 04-25-09, 08:51 PM
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Re: Question about car accident

either your friend is stupid or a liar
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Old 04-25-09, 09:22 PM
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Re: Question about car accident

Not having a valid DL doesn't mean you're automatically at fault. While the police presence probably would have been nice to mess up the other guy's life for a while (I'm a firm believer that people shouldn't drive if they can't do it legally), the outcome probably still wouldn't have been any different. With no personal injury, your friend would have gotten what's called a blue form out here for her to report to the insurance company on her own. And yes, she likely was at fault.
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Old 04-25-09, 10:00 PM
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Re: Question about car accident

In the few car accidents I have been in, the cops have always come to write a report. Is it really the case in some (larger) areas that they just don't care unless somebody was injured?
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Old 04-25-09, 10:25 PM
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Re: Question about car accident

With what I know from personal experiences and that of others in the Bay Area, the police tend not to go to "routine" traffic violations as they will reply that so long as you have exchanged information, they don't need to go out. However, if you do tell them that the other party is trying to run or has no licence, they do come out.

Your friend might have to bite the bullet on this one but she'll know for the future.
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Old 04-26-09, 12:20 PM
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Re: Question about car accident

When hit in a situation like this, normally if you are hit in the front half (or her rear half since she was driving backwards) it's your fault. If hit in the rear half it's the other driver's fault. Unless her car was stopped at the time she was hit.

Kind of like opening your car door and it getting hit - it's the person opening the door's fault unless there were extenuating circumstances.
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Old 04-26-09, 02:12 PM
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Re: Question about car accident

I see. Sounds about right guys.
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