Being Blamed for a Car Accident That Wasn't My Fault

[Nasser Mouhadam]

My question involves an accident that occurred in the state of: California

So I was driving on the 405 FREEWAY. I was going to exit on Burbank Blvd, so I moved over to my right lane to exit (the lane is an exit lane only, either you exit or move left to go straight)AS I am driving on my exit lane a car trys to merge in as well and side swiped me. We exited the freeway and exchanged information and she was talking about how she was sorry and it was her fault and she is saying sorry and all that. She later denys she is at fault and said i hit her. Within that time there was a gap...she asked me to give her two weeks so she can pay me cash for the damages so i won't report to an insurance company so i said okay. So she failed to do so and I filed a claim. Within those two weeks we were talking to each other about the accident no where in the text messaging she said she was at fault by she said that she is sorry and i should take it to her body shop and she also said "I'm guessing it will go along the lines my car got semi swiped by two chicks" she wanted me to post that on FB..idk if i should call the california insurance fraud department or should i call and tell them i will file a small claims...and if so let them resolve it or that will be it.

[souperdave]

Report it to your insurance by filing a claim. Or at least discuss the situation with your agent. It appears that she may very well be uninsured, and if that's the case your insurance is the first step to take. If you go to the state insurance fraud department, or state board of insurance, the first thing they are most likely to ask is if you have reported it to your own insurance.

[blackbird345]

For future reference, you need to collect money on the spot if you intend to settle outside of the insurance. Too easy for something like this to happen. I had a similar incident happen once and I told the driver who hit me that I would settle on the spot for $200. This was a very good deal for her as mine was an older vehicle and probably would have been totaled even though the damage was minor and only cosmetic. A quick phone call to her husband and he brought over the money.

(I know I could have gotten more from an insurance settlement, but that's what I'd what someone to do for me in the same situation...karma...golden rule...blah blah)