Someone took my car away from me today (I NEED HELP)

[Gagerr]

So here's the situation: I was on my way to work, passing through an intersection. My light turns yellow just as I enter the 4 way going no more than 35 mph (This is a 2 lane each way road and I am in the "Fast-lane" or the "left lane"). Out of nowhere, a gray (maybe corolla?) is turning right on red, turning SUPER wide, ALL THE WAY into the left lane, where I also am. This car also decided to go a whopping 5 mph after they got into my lane.

My front right hits their back left.

I trail behind them, maybe 2 car lengths, both going ~5 mph until they stop, and I also stop. Maybe 15 secs pass until I turn on my blinker, and turn into a strip mall directly to our right.

HERE'S THE STICKY SITUATION:

1: I pull into a parking spot, pull out my phone and call my dad.
2: Quickly check damage, see inter-cooler busted in, quickly shut off car
3: Other car STILL sitting in the middle of the road.
4: I turn around to look at damage again, look back, and they're not there anymore.
5: I see a woman approaching, I think it is her that I hit, so I ask if she's fine. It wasn't her. She was driving a cooper S behind me in the right lane when we hit. (Witness, she talked to police and insurance have her number)
6: Called police and insurance, Other car never returned. Never got license plate # or anything.

Long story short: Someone turned right on red while I was going through an intersection where I had the right of way and they should have yielded to me and I rear-ended them. They then drove off, fleeing the scene. WILL I BE AT FAULT?
Seems like an obvious answer but people at work are saying it doesn't matter because I rear ended them, saying I would be the one at fault because of this.

DAMAGE REPORT (Major things I saw / speculate)

Spoiler

Both front fenders
Chipped paint on doors from fenders
Hood
Front bash bar
Fog light bezels
Headlights
Grill
Bumper
Inter-cooler, speculated radiator + piping for both+
Hood latch
Maybe a-pillars?
(This was just all the visible damage, there's probably a decent amount more.)

Drive-train seems fine, although there were CEL codes for hill-start, brake system, emissions (why?), etc.

What do you guys think the chances of the insurance totaling the car? And who do you believe they will declare at fault?

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[vancitysfinest]

Lmao nice plate.

All seriousness IANAL. You reported it first and have a witness. The other person fled the scene so that also kinda helps your case? Also check if the intersection had cameras, or any of the shops that have exterior cameras that can see the road if you’re that worried. You’re most likely going to be fine if your story is true.

I don’t think it will be written off from what I c an see. But there may be a lot of internal damage not shown. Just my 2 cents.

 

[shoegazer]

If the witness backs your story; I believe the police will find the other driver at fault.

IMO... they usually flee due to being drunk, wanted, or not having insurance.

Good luck.

 

[vancitysfinest]

Lmao nice plate.

All seriousness IANAL. You reported it first and have a witness. The other person fled the scene so that also kinda helps your case? Also check if the intersection had cameras, or any of the shops that have exterior cameras that can see the road if you’re that worried. You’re most likely going to be fine if your story is true.

I don’t think it will be written off from what I c an see. But there may be a lot of internal damage not shown. Just my 2 cents.

Just re-read the scenario. Since you did rear end them you might be at risk. You do have a witnes though witch is good. Technically they did turn into the wrong lane. Usually a read end is at fault if there is no evidence but like I said I am not a lawyer nor an adjuster. Good luck

 

[NoHonor937]

You won’t be at fault. Fleeing the scene voids any right they had during an accident and is generally an admission of guilt.

 

[arsh88]

1. You won't be at fault for multiple reasons. First off they turned on a red when you have the right away. This is the same as turning at a stop sign when the other street doesn't have one.
2. They did a hit and run which is usually a serious offense so now that'd be going against them.
3. This is why I tell people to get a dash cam! It picks up the license plate info for you.
4. Hard to say if it'll be totaled because it's new. If it is, and the damage actually isn't bad though, you could buy it back. I got my civic due to an accident and almost bought my old car back since they sold it for $1600 and i knew how much i had babied it. It wasn't special though so wasn't worth the repair effort on my end.

 

[NoKz]

If the A-Pillars are actually damaged, they'll total the vehicle.

 

[Lazylahma]

Awesome you must be the best driver in the world to be able to take someone else’s situation and breeze through it no problem.

It’s just too bad you happened to slam into the back of that car while you looked down to pick up your coffee, not only did you not avoid the accident but you also have coffee burns for being an asshole

 

[jgreen16]

All 50 states have allowed right turns on red since 1980, except where prohibited by a sign or where right turns are controlled by dedicated traffic lights. The few exceptions include New York City where right turns on red are prohibited, unless a sign indicates otherwise. The turn on red is made (almost always after a complete stop), and when the way is clear.

Running an amber is not an offense. If the light was in fact amber for the OP, then it was red for the other driver. Being that the other driver took off, it seems kinda sketchy. Could be they knew they were in the wrong, drunk, no insurance, warrants, etc.

I also second the idea about getting a dashcam. It takes the guesswork out of what exactly happened in an incident. A decent one isn't all that expensive, and could pay for itself in one instance like this.

 

[Gruber]

In OH "hit skip" is a serious offense, usually a first degree misdemeanor, so the other driver is in a very bad position from the beginning.
If the right turn on red light is allowed, whoever is already on the intersection has the right of way.

Your fault if any depends on how far in front of you was the other car when it entered your lane and how much over the speed limit you were going.

 

[nothome17]

That sucks, hopefully your insured for this type of accident. Happens often and I end up giving them the high beam or sometimes the honk. I know its a douche thing to do but it lets them know they made a mistake so hopefully they can make a better decision next time.

It seems really common for Drivers to make this mistake. They either miscalculate the speed of the driver, blind, misjudge the lane the car is in, and etc.

 

[herox]

Do you know what your witness told the police? I think you're lucky the other driver fled the scene, otherwise the other driver could have said you were speeding and didn't slow down. Since they fled then it doesn't look good on their part. I second what the other people have said about getting a dash cam, it's really helpful in these situations.

 

[Gagerr]

Do you know what your witness told the police? I think you're lucky the other driver fled the scene, otherwise the other driver could have said you were speeding and didn't slow down. Since they fled then it doesn't look good on their part. I second what the other people have said about getting a dash cam, it's really helpful in these situations.

I was with the officer when he went to talk to her, her story was identical to mine, except what car she thought it was that I hit. I'm about to whip the rental over to the shop and see what I'm working with. Also: who decides who's at fault? Police it insurance?

 

[charleswrivers]

Rear-ending generally would make you at fault... but not if someone turns into you to initiate the accident. It's not your word against no-one... you had a witness to someone turning into you. You shouldn't be at fault... the police would have written you citation there. There should provided a report to provide to your insurance company that shows it was a drive off from the accident exceeding $XXX (I think it's $150-$250 that's the threshold between having to report and you can drive off and not be in trouble). With no one to go after, I think that's in the realm of your collision/uninsured policy. You just need to talk to your insurance company.

The police would have written you a citation if you were at fault.

Had you not had a witness to say it was a car that turned into you by making a right on red, it still would have been a drive off on their part but it would have only been you saying you werent at fault for a rear end which might have been a tougher sell. As it is, I think you're golden... other than the smashed front end.

Call your insurance company. They can give you better information than an internet forum for a bunch if people who live in different locations where the laws and insurance requirements vary state by state.

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