Got Hit by a Driver Who is Trying to Put the Blame on Me

I was in the driveway of my friends house (half in the driveway and half in the parked car section). I noticed a car coming down the street and as he came closer, I noticed he was not paying attention and swerving (his head was down probably dialing on his phone or changing radio station). He weaved into the park car section and I honked my horn (the car behind him also honked their horn to notify him of the appending accident, which is one of the witnesses) I released my brake to roll back but it was not enough time, he looked up and slammed on his brakes (he could have avoided everything by swerving back into his lane.)

He hit the driver side of my bumper (minor damage). The two witnesses that saw everything also claimed it was the other drivers fault. We swapped insurance information and went on our way. Later that day I noticed that my insurance lapsed and I was not covered.

His insurance called me and got my statement. The other driver did not notify his insurance of the witnesses (obviously because it was his fault). I notified his insurance company that there was two witnesses to the accident and that they needed to call them and get their statements (which they did).

Since my insurance company is not taking the claim because I was "uninsured" at the time, I have to do everything myself. The other drivers insurance is saying that their driver is disputing the claim and saying it was my fault.

What can I do? What should I do? I'm a student with very little money.

Any information will be greatly appreciated.

what state was this? I believe you were asked to supply that already.

any idea of the total $ damage amount?

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) I released my brake to roll back but it was not enough time,

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were you going uphill into the road so you would have rolled backwards?

Were you beyond the parking lane of the road when the impact occurred?

jk: Thank you for your quick response.

This happened in California. My total damage is probably around 500-800. its just a new front bumper and paint.

I was in a dip area between the parking lane and the driveway. I was not in the road where cars were driving. I was half in the driveway and half in the parking lane.

My car is a 350z so its not long enough to be in the street and the driveway at the same time.

One of the witnesses was the driver behind him and the other was actually standing near my car.

well, depending on exactly where you were in the road, I believe you have a reasonable claim to deny fault and place it on the other person. If there was a true parking lane on the road and you had not gone beyond that, I see no reason you should be treated any differently than a parked car.

So, since you don't have insurance to fight for you and the other company denies the claim, about all you can due is sue the other driver.

Do you realize you must report this to the DMV within 10 days of the accident (any accident with over $750 of damage must be reported to the DMV). Failure to do that will result in a suspended license. Obviously the lack of insurance will get your license suspended as well.

Hi jk

Now I'm worried about the whole DMV thing because its been over 10 days that I haven't reported it. Its been almost a month.

I don't think my damage is even close to $750.00. I just checked and a bumper for my car is 300.00 and paint is supposedly $100 at a one day paint place. Bringing the total to $400.00. Do I still have to make the report to the DMV?

and he had no damage? It's total damage if I remember correctly. You can likely contact them (without disclosing your identity) and ask to be sure which it is.

No his car was damaged. It was worse then mine but it was a Honda so I hope the damage isn't that much. But if you have to report to the DMV about the accident for over 750 that means his damage would have to be $349.00 in order for us not to have to report it. Which I assume it'll be more.

You said I can contact them without disclosing my identity, who's them? The DMV?

So if I report the accident now they will for sure suspend my license? Is there anything I can do?
Also who's going to report the fact that I didn't have insurance (which will also suspend my license)?

This totally sucks, but its a lesson learned. NEVER DRIVE WITHOUT INSURANCE.

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Quoting Agent350

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I was in the driveway of my friends house (half in the driveway and half in the parked car section).

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Does that mean you were halfway into the roadway? As a note, that's not a "parked car section."

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I noticed a car coming down the street and as he came closer, I noticed he was not paying attention and swerving (his head was down probably dialing on his phone or changing radio station). He weaved into the park car section and I honked my horn (the car behind him also honked their horn to notify him of the appending accident, which is one of the witnesses) I released my brake to roll back but it was not enough time, he looked up and slammed on his brakes (he could have avoided everything by swerving back into his lane.)

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You released the brake to roll ... where? All the way into the roadway? Since most driveways are angled towards the street, I can only assume that you were in the process of backing, correct?

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He hit the driver side of my bumper (minor damage).

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Front or rear? What direction was your car facing? Towards the street? Was he coming from your left? From the right?

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The two witnesses that saw everything also claimed it was the other drivers fault. We swapped insurance information and went on our way. Later that day I noticed that my insurance lapsed and I was not covered.

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Ouch! That'll hurt.

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Since my insurance company is not taking the claim because I was "uninsured" at the time, I have to do everything myself. The other drivers insurance is saying that their driver is disputing the claim and saying it was my fault.

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Well ... since this is CA and since you were entering the roadway, the default presumption will likely be that you are at fault. You will likely have the burden to show otherwise.

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What can I do? What should I do? I'm a student with very little money.

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What kind of damages are you facing? How much will this cost you to pay for his damages?

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Quoting Agent350

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So if I report the accident now they will for sure suspend my license? Is there anything I can do?
Also who's going to report the fact that I didn't have insurance (which will also suspend my license)?

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No, you will not have your license suspended for reporting the collision.

And damages EASILY reach $750. A damaged fender is likely to be darn close to that.

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Quoting cdwjava

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No, you will not have your license suspended for reporting the collision.
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doesn't the failure to have insurance result in a suspension?

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Does that mean you were halfway into the roadway? As a note, that's not a "parked car section."

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I was not in the street. I was half in the parking lane and half in the driveway. The driveway has a weird angle so letting go of my breaks moved me back (but only an few inches).

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You released the brake to roll ... where? All the way into the roadway? Since most driveways are angled towards the street, I can only assume that you were in the process of backing, correct?

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I was fully stopped and was just waiting. I had my food on the break and the car in neutral.

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Front or rear? What direction was your car facing? Towards the street? Was he coming from your left? From the right?

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Front driver side bumper.

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Well ... since this is CA and since you were entering the roadway, the default presumption will likely be that you are at fault. You will likely have the burden to show otherwise.

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How do I go about proving them otherwise. The witnesses im sure will play a big roll in doing this? Or do I have to go to court, take pictures and the whole 9 yards?

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What kind of damages are you facing? How much will this cost you to pay for his damages?

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I don't know what kind of damages his car has. I called his insurance to get updates but their not saying much. Their saying hes disputing my claim.

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No, you will not have your license suspended for reporting the collision.

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But its been over a month that I have not reported it. Should I even report it now or play stupid?

Thank you all once again for taking the time to answer my question. My faith in humanity is still strong.

I just read the DMV form in detail about reporting an accident and it does not clarify that the damage of $750.00 or more is for just one or both vehicles. Perhaps I can use this in my defense?