I Rear Ended Another Vehicle Who Failed to Pull Off the Road

My question involves insurance law for the state of: California
I was driving on left lane about 25mph (30 mph zone) when vehicle from the right lane changed ito my lane at an intersection without signaling. Totally cut me off and for some reason slowed down almost to a stop (there was no stop light therefor no need) to stop. I slammed on my breaks trying to avoid hitting the vehicle who suddenly cut in front of me. I hit the back of the car. Immediately we both continued driving, I working my way to the right to pull over. I assumed the other car was doing the same thing (pulling off the road to exchange information). Unfortunately the other vehicle kept going. I tried to catch up to get license plate and make of the vehicle. I'm certain the felt the impact unsure why they did't pull over. I immediately filed a police report in person at the station I was told to go to when I called the police. The police made the report and told me to call my insurance company for a claim. I asked if I'm able to get other vehicle's insurance info. to call their company to make the claim since 1. changed lane at intersection 2. Didn't signal 3. Hit and run The police officer answered "just call your insurance company they'll handle it". My questions are: If I call my insurance company to make a claim will I get a point on my driving record? Does my Insurance go up? Also I only have insurane liability therefor I don't get the damages to my vehicle covered. I want to make a claim but want to call other vehicle's insurance to do so since I believe they violated the law and caused the accident. I'm I automatically At Fault for the accident because I rear ended the vehicle? Who's at fault? How do I cover my damages (I only have liability insurance). I don't have other person's name, or insurance company BUT I do have license plate # and police report that I filed.

Insurance companies don't put points on your driving record with the state. An accident report will be noted on their internal records, as will their assessment of who is at fault. How this might affect your insurance depends upon the policies of your insurance company. We have no way of knowing what the driver you hit will say about the incident, whether they're insured, how their insurance company will respond to a claim or assess fault, or if they're uninsured or the insurance company refuses to pay whether they would have any money to pay a claim you might make in small claims court.

Well it was a newer model SUV I'm assuming they're still making payments therefore have to be insured. But the insurance doesn't consider breaking the law when whose at fault? 1. changed lanes at an intersection 2. Failed to signal 3. Didn't pull over to report to police and exchange information (in other words fled the scene). Regardless of what the other driver says doesn't their actions say anything? You cut off a person at an intersection what do you expeect to happen? An accident in a matter of seconds as it did.

Regardless of what the other driver says doesn't their actions say anything?

How do the insurance assess a hit and run?

Because this was an over the counter report, the police should not have made any determination of fault in the police report.

In any event, the insurance companies are free to make whatever determination of fault they feel is warranted. They can also choose to apportion a measure of fault to each driver if they choose. Your company and their company will haggle over this and they will come to a settlement. You will be out your deductible and you company might be able to recover it from the other party or their company.

Understand that not pulling over is a separate issue from fault. Flight is not a cause of a collision. Now, YOU say they changed lanes in the intersection and cut in front of you. The other driver may have said something different.

The police might forward the case to the DA for prosecution of a hit-and-run. On the other hand, they might not. This is not going to be a high priority for the police or the DA so you might be left with no recourse but to deal with your insurer for aid.

If you don't want to call your insurer for aid, then you will have to go this on your own.

There is no law on the books about it being illegal to change lanes at an intersection. There is a law for 22108 VC (signal w/in 100 feet prior to turning) and 21658(a) VC (Unsafe lane change which can occur in an intersection). None of those seem to me the primary collision factor though since you are stating you rear ended him. It would either be 22350 VC (Unsafe speed) on you, 21703 VC (Following too close) on you, or, which is hard to prove unless a witness was there, 22106 VC (Unsafe stop) on the SUV. The driver of the SUV is guilty of 20002(a) VC (Hit and run) which is after the fact. Like cdwjava said, since you filed a counter report, fault should not have been assessed.


PS, If your property damage exceeded $750 then you have to file an SR-1 form with the DMV w/in 10 days of the collision.

But didn't this guy suddenly pull in front of the driver slamming on his brakes not giving the other driver time to slow down or stop safely ? It happened all so fast ?

Or did the driver pull in front, travel on some more then suddenly put on the brakes? The driver behind may have been mad and refused to slow down and keep a safe distance.

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Quoting DaveJames

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But didn't this guy suddenly pull in front of the driver slamming on his brakes not giving the other driver time to slow down or stop safely ? It happened all so fast ?

Or did the driver pull in front, travel on some more then suddenly put on the brakes? The driver behind may have been mad and refused to slow down and keep a safe distance.

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That's why, without a witness, it's hard to put the driver of the car in front at fault.

And one of the reasons why the police are not supposed to determine fault in a counter report

And thus why Michigan not applicable here has the laws it does ?

How do I get the other vehicle's insurance company information or any registered owner info?

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Quoting Inform me

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How do I get the other vehicle's insurance company information or any registered owner info?

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If you had the plate info you can ask for a copy of the police collision report and it should have that information.

But, rather than YOU get this info, give what you have to your insurance company and let them track the other party down by his license plate number.

Your insurer will almost certainly be involved in this one way or the other, so why do all of their work for them?