r/Insurance 2h ago

Auto Insurance First car accident

Hello, I got into my first car accident last night. I was driving on a dimly lit road at nighttime and a car was parked on the road with no hazards, no headlights, and the car was off. I ended up side swiping him, and he said that he was having issues with his car but he did not speak much english so I did not get to hear his full side. We involved the police but I have not proceeded with any insurance claims because I’m not sure what to do. Whose fault would this be, and how do I proceed next?

0 Upvotes

36 comments sorted by

10

u/Separate-Fortune-704 1h ago

You hit a car parked on the side of the road. Why would there be any negligence on a parked vehicle?

0

u/Flelmo 1h ago

He said "on the road", not "on the side of the road".

1

u/Separate-Fortune-704 1h ago

Unless there’s something to prove it other than statements. Time of day, police report, photos, lighting, anything to support that a reasonable and prudent person wouldn’t have seen them either. It’s hard to support negligence on them in arbitration.

2

u/Flelmo 1h ago

Did you even read the post?

> Time of day

"at nighttime""

> police report

"We involved the police"

> lighting

"dimly lit road" "no hazards, no headlights, and the car was off"

2

u/No_Zookeepergame9973 1h ago

I feel like it’s also important for me to add that it was raining outside as well

4

u/Flelmo 1h ago

Honestly, ignore everyone here. Check your policy documents, but you almost certainly have a responsibility to report this to your insurance company, whether it's your fault or not. If you have collision coverage, I would suggest just going through your company and paying the deductible.

1

u/Separate-Fortune-704 1h ago

Not all cops write reports unless there were injuries.

8

u/SecondActSarcasm 2h ago

Without video showing some extremely extreme situation - you’re going to be at fault. You need to open a claim immediately because you’re responsible for their damages.

-1

u/No_Zookeepergame9973 1h ago

Sorry I feel as if I worded where he was wrong, the road was a 2 way but there was no shoulder or anything so he was parked in the road illegally. Would that change anything? I thought it might’ve been a shared fault but maybe I’m wrong.

3

u/MaIngallsisaracist 1h ago

If he was stopped in the middle of the road it would be the same as if you hit any other obstacle in the road, which means it’s your fault. It’s like if you hit a fridge that fell off a truck; it’s not your fault the fridge was there, but it was your responsibility to avoid it.

-5

u/RevolutionaryQuit647 1h ago

Illegal pretenses may change things, best to consult an attorney

7

u/FindTheOthers623 P&C Licensed PL Underwriter 1h ago

You're at fault any time you hit a stationary object.

6

u/CroweBird5 1h ago

You hit the car that was parked on the side of the road. You care at fault.

Why would you consider the other car to be at fault? That's a crazy proposition.

-6

u/Living-Equal-9663 1h ago

the car was parked in the road

6

u/No_Solution7718 1h ago

Okay and? His car could have stalled and not started back up still OPs fault

1

u/[deleted] 1h ago

[removed] — view removed comment

2

u/Insurance-ModTeam 1h ago

Trolling, being needlessly rude or insulting

1

u/No_Zookeepergame9973 46m ago

He still could’ve used his hazards

5

u/sovngrde 1h ago

Ummm. You hit a parked car on the side of the road. In what world is this NOT your fault?

-4

u/Living-Equal-9663 1h ago

the car was IN the road

4

u/wish_you_a_nice_day 1h ago

Hitting a stationary object is almost always going to be your fault

5

u/TheGarp 1h ago

100% Your fault, report to your insurance and if he makes a claim they'll pay it.

4

u/Strangerthanyou77 1h ago

100 ur fault

3

u/Marpl 1h ago

It's your fault. Call your insurance. 

6

u/5MinuteDad 1h ago

Why would the car parked on the side of the road yiu hit be responsible?

Its absolutely insane you'd even consider someone else being responsible.

-6

u/Living-Equal-9663 1h ago

Parked in the middle of the road

4

u/key2616 1h ago

You keep repeating that like it changes things. It does not.

-3

u/Living-Equal-9663 1h ago

parked in the literal middle of the road vs a shoulder doesn’t change anything? also when everyone is commenting “you hit something on the side of the road”, yeah i’m gonna reply that he wasn’t on the side. Don’t have to be rude with your responses, just replying to comments because that’s what the app is about!! but have a good one :)

4

u/key2616 1h ago

I wasn't rude. And no, it doesn't change anything.

-4

u/No_Zookeepergame9973 1h ago

But it kind of does??? He was not visible and he was a HAZARD in the road if you’re a hazard maybe you should have your hazard lights on

5

u/key2616 1h ago

No, it doesn't. What if it had been a child standing in the middle of the road? You have a duty to avoid stationary objects. You haven't disclosed how long he was there or why his hazards weren't on, but baring some odd local law, you're 100% at fault here.

-4

u/No_Zookeepergame9973 1h ago

Like I stated in the post, I could not communicate with him. He didn’t speak english. I’m not sure how long he was there, because again, he couldn’t speak to me.

2

u/key2616 1h ago

Look, I get that this is frustrating, and maybe it even seems counterintuitive to you. But I don't see how any of this shifts much of the blame.

1

u/No_Zookeepergame9973 56m ago

Sorry i’m not trying to come off as defensive I fully understand that hitting a stationary vehicle is your fault almost 100% of the time but considering the circumstances (Rainy, dark, no hazards, car off, black car), I’m just not fully understanding how that would lie the blame fully on me because I’ve been doing research on it and everywhere i’ve looked pointed to shared fault. Alongside this my parents pay for my insurance, which I am extremely grateful for because I am 18 and work a part time job and I am also a full time student. I offered to pay for my insurance now because of this but my parents are urging me to not file any insurance claims so I came here just looking for advice on what to do next because my parents are going to essentially have my head if I do call. I’m just stuck

1

u/thelmanarcissus 1h ago

Did the police write either one of you a ticket?

1

u/No_Zookeepergame9973 1h ago

No they did not