Accident fault from brake checking someone?

[Grabber]

Sucks OP.

This is a huge reason I've been running dash cams for about a year now. People want to play games and I've got something that will catch them in the act if they decide to go that route. You can get a full HD dash cam well equipped that is small for well under $150.00.

Something to think about.

Good luck.

 

[Mpoitrast87]

Having been in difficult situations like this, it makes me really want to get a dash cam.

 

[RedRocketMike]

Shitty thing is, I own one, but had it in another vehicle. So far I have no clarity on the official stance of my insurance company. In my state, if you are 51% at fault you assume all liability.

 

[sc98cbra]

OP,

I called my cop buddy before I left, he suggested not calling the police because I might still get written with an at fault if the officer isn't interested in listening to my recording.

Your buddy is an idiot. Always always call the police after a collision.

He also thought the recording might be illegal, which it is not since we are out in public.

It does not matter whether or not you're in public, it is against the law, in some states, to record someone who does not have knowledge of such recording.

It's totally legal to record, so that's not an issue.

This is NOT true. In some states, both parties must have knowledge that they're being recorded. Remember the Kim Kardashian, Kanye West/Taylor Swift controversy?

I was a claims adjuster not too long ago. You said there was no damage to her car but do you know if she is going to make a claim on your insurance? I couldn't tell you how many claims I got where there wasn't any damage to the car but they tried to make a bodily injury claim.

Not familiar with the egg-shell plaintiff rule?

If I was your insurance company I would pay to fix your car if you had collision coverage, deny her claim for her damages and I would not attempt to recover from her insurance what we paid out to fix your car. Basically your both at fault. If it wasn't for the recording you would be found 100% at fault.

The portion highlighted in red is VERY BAD advice. You have every right to pursue a claim under her insurance carrier and I would do so. From what you've said, she intentionally caused a collision with you.

This is, also, NOT true. If she intentionally caused a motor vehicle collision, then she would most certainly be at fault. Although the voice recording would not likely be admissible in court, an attorney should be able to get her to admit her actions.

She went across all the lanes. I ended up on her because I'm going at full speed and she cuts over going like 25-30. She said she was on the phone, I assume she didn't realize I was there and then went into bitch mode reaction thinking I'm just riding her.

In some States, driving while on the phone is illegal. This would make her negligent per se. It may even rise to the level of grossly negligent or reckless behavior.

 

[TK1299]

.

 

[TK1299]

Your buddy is an idiot. Always always call the police after a collision.

It is NOT always a necessity to call the police for a car accident. Little b.s. Fender benders, parking lot mishaps and the like do not need the police. Exchange information, take pics if need be. Some instances, like parking lots, police don't investigate anyway unless there is an injury or substantial damage. So to defend op's friend, he isn't an idiot. Poor choice of words on your part.

It does not matter whether or not you're in public, it is against the law, in some states, to record someone who does not have knowledge of such recording.

I don't know where this came from because recording in public is not illegal. You are recorded everywhere you go in public. Telephone conversations are a different issue.

 

[Grabber]

I know this is off-topic and I don't meant to stray from the point of this thread.

Here goes:

So, cars equipped with Dash cams is illegal if they are recording?

I have a NEST camera facing my driveway and the front of the property which faces the mailbox. People walk there, stand in my driveway, etc. Is that illegal too?

Personally, I've NEVER heard of these recording laws, specifically in IL.

 

[sc98cbra]

It is NOT always a necessity to call the police for a car accident. Little b.s. Fender benders, parking lot mishaps and the like do not need the police. Exchange information, take pics if need be. Some instances, like parking lots, police don't investigate anyway unless there is an injury or substantial damage. So to defend op's friend, he isn't an idiot. Poor choice of words on your part.



I don't know where this came from because recording in public is not illegal. You are recorded everywhere you go in public. Telephone conversations are a different issue.

Please explain why you wouldn't call authorities, especially in the above-referenced matter? If you didn't call authorities following a collision, whether it is a fender-bender or a major collision, it could ultimately boil down to he-said/she said and you may not be able to recover any losses (or, you would have to go through your own insurance).


Twelve states require, under most circumstances, the consent of all parties to record a conversation. These jurisdictions include California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.

 

[RDJ]

Please explain why you wouldn't call authorities, especially in the above-referenced matter? If you didn't call authorities following a collision, whether it is a fender-bender or a major collision, it could ultimately boil down to he-said/she said and you may not be able to recover any losses (or, you would have to go through your own insurance).

there are any number of reasons. and yes, if you don't call the cops it will be up to your insurance companies to sort it out. Some states do not require you to report unless there are injuries involved

Twelve states require, under most circumstances, the consent of all parties to record a conversation. These jurisdictions include California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.

just where did you get your law degree? you seem to be confusing recording telephone conversations which are generally considered private with public conversations which have no expectation of privacy. Illinois law was overturned in 2014 by the state supreme court and changed so that openly recording in public was no longer a crime. Maryland courts generally apply the "expectation of privacy" standard to recordings i.e. public recording where there is no expectation of privacy are not illegal. Florida applies the "expectation of privacy" standard .. Shall I go on? in the situation at hand we are talking about a conversation that took place in PUBLIC so your continued bleating about how it is illegal or potentially illegal is a red hearing

 

[sc98cbra]

there are any number of reasons. and yes, if you don't call the cops it will be up to your insurance companies to sort it out. Some states do not require you to report unless there are injuries involved

My point exactly. There are many risks that logically follow from this. Memories fade, people lie, and people disappear, so please explain to me why you wouldn't want to involve an independent third party (authorities) to document a collision. I can state plenty of reasons why you would want to involve authorities for 99.9% of collisions. Point is, the OP should have involved authorities for this collision.

Telling people to refrain from calling authorities following certain collisions is terrible advice.

. . . you seem to be confusing recording telephone conversations which are generally considered private with public conversations which have no expectation of privacy. . . . in the situation at hand we are talking about a conversation that took place in PUBLIC so your continued bleating about how it is illegal or potentially illegal is a red hearing

You have a very black and white view of the law. A conversation between two or more parties is not a "public conversation," as you put it, simply because it occurs in a public setting. There are many cases in which it is illegal to record conversations, regardless of the setting of their occurrence, without the knowledge of all parties. The OP and another poster, in addition to yourself, seem to believe that it is always legal to record conversations (see below) merely because they occur in public, and that is not entirely accurate.

He also thought the recording might be illegal, which it is not since we are out in public.

It's totally legal to record, so that's not an issue.

 

[RDJ]

again, where did you get your law degree?

your comments are in direct contradiction to legal opinions issued by multiple courts. I gave you examples from the very states you CLAIM it is illegal, yet their court system says otherwise. you can disagree with me or the op all you want and it can be seen as a disagreement based on opinion, but when you state opinion that is directly opposed to what the courts have said all you do is make it seem like you are talking out of your ass. my view of this particular law is black and white because the standard is black and white when dealing with conversations held IN PUBLIC. there is no expectation of privacy therefore it is not illegal to record it

You have a very black and white view of the law. A conversation between two or more parties is not a "public conversation," as you put it, simply because it occurs in a public setting. There are many cases in which it is illegal to record conversations, regardless of the setting of their occurrence, without the knowledge of all parties. The OP and another poster, in addition to yourself, seem to believe that it is always legal to record conversations (see below) merely because they occur in public, and that is not entirely accurate.

 

[TK1299]

My point exactly. There are many risks that logically follow from this. Memories fade, people lie, and people disappear, so please explain to me why you wouldn't want to involve an independent third party (authorities) to document a collision. I can state plenty of reasons why you would want to involve authorities for 99.9% of collisions. Point is, the OP should have involved authorities for this collision.

Telling people to refrain from calling authorities following certain collisions is terrible advice.

Most insurance claims for auto accidents are he said/she said, regardless of what a police report says. Police do not decide whose insurance pays. Fault cannot even be determined in some wrecks by the police due to conflicting statements, no witnesses, etc. Not every crash is as cut and dry as Jack rear ended Jill at a red light. If you back into a car in a parking lot or vise versa then don't waste your time calling the police. Traffic laws, at least in Texas, do not apply to private drives anyway. You can file your own reports and own claims and not tie up valuable resources.

You have a very black and white view of the law. A conversation between two or more parties is not a "public conversation," as you put it, simply because it occurs in a public setting. There are many cases in which it is illegal to record conversations, regardless of the setting of their occurrence, without the knowledge of all parties. The OP and another poster, in addition to yourself, seem to believe that it is always legal to record conversations (see below) merely because they occur in public, and that is not entirely accurate.

A conversation in a public setting is a public conversation. Anyone within earshot can hear it. If I record a friend at dinner in a restaurant and she doesn't know, it's not illegal. If you hit my vehicle and I record you it is not illegal. If I video you with my phone it is not illegal. If i tap your phone line and record you talking to someone else and neither know...that is illegal.

 

[RedRocketMike]

So, as of right now I no new updates. My damages came to $4600 and a check is in the mail.

 

[TK1299]

So, as of right now I no new updates. My damages came to $4600 and a check is in the mail.

Yeah but you started an argument lol. Hopefully things will turn back normal

 

[silver03svt]

Yeah but you started an argument lol. Hopefully things will turn back normal

If it keeps up, I will make this thread normal and go on another mass delete spree and only allow the OP to post in here.

Want to debate the legality of recording public conversations....start a new thread....I have plenty of proof that can shut that one down quickly as well.

 

[TK1299]

If it keeps up, I will make this thread normal and go on another mass delete spree and only allow the OP to post in here.

Want to debate the legality of recording public conversations....start a new thread....I have plenty of proof that can shut that one down quickly as well.

The starting an argument comment was meant to be humor. Not sure where it went to anything but a discussion related to op's post, although it did skew a little bit. No comment on the rest.

 

[RRMBrembo]

Going full speed next to two lanes of slow/stopped traffic is just asking for someone with minimal IQ to mess up your world... Play it smart and expect stupidity.