# Help with an accident



## jdw73 (Oct 7, 2018)

I was recently hit by another vehicle in a traffic circle while driving with a passenger. The other driver admitted fault on the scene, police were not involved, and she changed her story when reporting to her insurance (Progressive). Uber's insurance (James River) has not been aggressive in supporting me, and they are currently at a no-fault status, with neither insurance accepting liability. Progressive refuses to accept my passenger as a witness. Traffic cameras show me entering the traffic circle in the lane I claimed I was in, the accident occurred just off camera, so Progressive insists that I could have changed lanes and swerved back right off camera... At this time, it looks like I need to involve a lawyer... any advice on how to handle this?


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## Castaneda7189 (Apr 14, 2017)

No police report? Always my friend, always have a police report. I have been in 5 accidents and only one of them was my fault. I made sure I had the police report on file. If you have footage, report it to your insurance company. Uber's insurance company is garbage. If the pax isn't hurt just do it through your insurance. If you don't want to do it through your insurance, contact progressive and send them the footage directly BEFORE they make the decision and forfeit liability. Because after they decide not to be liable, its over. You will have to take it to a small courts claim. Avoid this at all costs. Get your insurance on it, get your proof ready, and have progressive acknowledge liability.


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## Danny3xd (Nov 7, 2016)

Wow, JDW, sorry to hear.


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## Glickk (Jan 6, 2017)

jdw73 said:


> I was recently hit by another vehicle in a traffic circle while driving with a passenger. The other driver admitted fault on the scene, police were not involved, and she changed her story when reporting to her insurance (Progressive). Uber's insurance (James River) has not been aggressive in supporting me, and they are currently at a no-fault status, with neither insurance accepting liability. Progressive refuses to accept my passenger as a witness. Traffic cameras show me entering the traffic circle in the lane I claimed I was in, the accident occurred just off camera, so Progressive insists that I could have changed lanes and swerved back right off camera... At this time, it looks like I need to involve a lawyer... any advice on how to handle this?


And get yourself a personal vehicle insurance policy that provides coverage for ride-sharing so if this every happens again, you have backup to cover you. I don't trust Uber to do anything to help out, even if it's not them directly but one of their connectors.


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## AuxCordBoston (Dec 3, 2016)

jdw73 said:


> I was recently hit by another vehicle in a traffic circle while driving with a passenger. The other driver admitted fault on the scene, police were not involved, and she changed her story when reporting to her insurance (Progressive). Uber's insurance (James River) has not been aggressive in supporting me, and they are currently at a no-fault status, with neither insurance accepting liability. Progressive refuses to accept my passenger as a witness. Traffic cameras show me entering the traffic circle in the lane I claimed I was in, the accident occurred just off camera, so Progressive insists that I could have changed lanes and swerved back right off camera... At this time, it looks like I need to involve a lawyer... any advice on how to handle this?


How do you know what the traffic cameras show? Did your insurance co request them? Did your insurance co let you see the pics?


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## SuzeCB (Oct 30, 2016)

AuxCordBoston said:


> How do you know what the traffic cameras show? Did your insurance co request them? Did your insurance co let you see the pics?


Not to mention the fact that of COURSE the insurance company will try not to pay out. They aren't an authority here.

Driver needs to sue the other driver in small claims court for his deductible and if he wins, turn that info over to James River so they can collect from the other driver's insurance company.

And ALWAYS call the cops! In some larger cities they won't come out unless someone's hurt or there is property other than the car(s) involved damaged, but then you still file the report at the precinct. This is why Uber's ins. Co. is so wishy-washy on defending.

jdw73, is this your first accident ever?


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## Daisey77 (Jan 13, 2016)

It sounds like it may have been on private property? A round about? Police won't come out to private property unless drugs or alcohol that are suspected or there's an injury. You should have got the other driver to put it in writing and sign it there at the scene. Going to your private insurance isn't going to do anything. Progressive is going to tell them you where on the clock with a passenger. What do you mean they won't take your passenger as a witness? They have that choice to deny witness statements? Is Progressive trying to get you to assume salt or are they trying to just have you each assume responsibility for your own vehicles?


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## Danny3xd (Nov 7, 2016)

I too was wondering about the witness thing. Don't sound right?

Not that wrong don't happen on a much to regular basis


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## RoWode12 (May 12, 2018)

Man...I know there's nothing you can do about it now....but you are likely screwed because you didn't call the police.

That is the whole point: they take witness statements ON SCENE, assess the damage and skid marks, etc, take statements from the drivers, then determine *who is at fault. *They then write a citation and the insurance company is forced to admit their policyholder is at fault.

If there's no evidence, there's not a damn thing you can do to prove it was the other person's fault.


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## Danny3xd (Nov 7, 2016)

Ayup


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## Daisey77 (Jan 13, 2016)

That sucks if you have to go through James Rivers. That deductible is no joke. Unless you have a shop that you work with and they can hide that deductible. Otherwise do not sign any paperwork closing out the claim with James River because you can Sue the other driver and then you can call your Witness. I would push that insurance company to interview your witness or have James River make them interview your Witness. That don't sound right. Who's the other guys insurance? The only time I've had this happened was when it was on private property. so the police would not come out because there was no alcohol or drugs suspected. There also was no injuries. The kicker was, we both had the same Insurance Company. So they weren't going to fight with themselves. Either way they were paying both repair bills. So we each had to be responsible for our own


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## Danny3xd (Nov 7, 2016)

Daisey77 said:


> That sucks if you have to go through James Rivers. That deductible is no joke. Unless you have a shop that you work with and they can hide that deductible. Otherwise do not sign any paperwork closing out the claim with James River because you can Sue the other driver and then you can call your Witness. I would push that insurance company to interview your witness or have James River make them interview your Witness. That don't sound right. Who's the other guys insurance? The only time I've had this happened was when it was on private property. so the police would not come out because there was no alcohol or drugs suspected. There also was no injuries. The kicker was, we both had the same Insurance Company. So they weren't going to fight with themselves. Either way they were paying both repair bills. So we each had to be responsible for our own


I never thought about asking a shop to work with ya with an absurd deductible. Great thought and thanks Daisey!


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## Daisey77 (Jan 13, 2016)

Danny3xd said:


> I never thought about asking a shop to work with ya with an absurd deductible. Great thought and thanks Daisey!


I have yet to pay one


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## Danny3xd (Nov 7, 2016)

Daisey77 said:


> I have yet to pay one


Freakin' awesome! You go Daisey!!!!!


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## tohunt4me (Nov 23, 2015)

Go to the other drivers address.
Burn their car.
Satisfaction.


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## Danny3xd (Nov 7, 2016)

tohunt4me said:


> Go to the other drivers address.
> Burn their car.
> Satisfaction.


I laughed so loud the cat gave me dirty look.....

(wait, I have a cat?)


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## Daisey77 (Jan 13, 2016)

Yeah what town is OP from? Cuz I know people who know people who know people LOL if it was in Denver, hands down it would have been handled


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## 142605 (Mar 4, 2018)

Castaneda7189 said:


> No police report? Always my friend, always have a police report.


FYI, in many cities the police won't do it unless there's an injury. They just advise you to exchange information and go on your way.


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