I accidentally hit a trash can today in order to avoid a distracted driver. Am I at fault?

[Mr.kdc]

Jurisdiction

Virginia

As the title stated, I was involved in an accident today around 4:30 PM EST. In order to avoid a traffic accident, I had to swerve into someone's can, the impact took my passenger side mirror off, but the can was unharmed. After impact, I stopped roughly 15 feet away and collected the pieces of mirror from the road, and made sure the can was unharmed, which it was. The other driver was long gone by then. The cans owners were not home.

Am I at fault?

 

[justblue]

As the title stated, I was involved in an accident today around 4:30 PM EST. In order to avoid a traffic accident, I had to swerve into someone's can, the impact took my passenger side mirror off, but the can was unharmed. After impact, I stopped roughly 15 feet away and collected the pieces of mirror from the road, and made sure the can was unharmed, which it was. The other driver was long gone by then. The cans owners were not home.

Am I at fault?

Yes, you hit a stationary object. Report the accident to your insurance company.

 

[Mr.kdc]

Yes, you hit a stationary object. Report the accident to your insurance company.

Thank you, how should I go about this besides just calling them?

 

[adjusterjack]

I'm of two minds here. I generally admonish people to never conceal anything from their insurance company.

But, in this case, no witnesses (hopefully), no damage to the can and the cost of your mirror is probably less than your deductible.

I can't tell you not to report it. But I think the risk is minimal if you don't, so I'll leave that up to you.

If you do decide to report it, look in your policy papers for a toll free number to the claims department.

 

[Zigner]

First, as mentioned by adjusterjack above...it really doesn't matter. Pay for your repair and move on.

With that said, I believe that you are NOT at fault. The other driver forced you into the collision, so the other driver is at fault.

Now...prove it.

If you have a dash cam, you'd probably be golden in that regard, but, as was said above, it really doesn't matter in the end.

 

[Mr.kdc]

First, as mentioned by adjusterjack above...it really doesn't matter. Pay for your repair and move on.

With that said, I believe that you are NOT at fault. The other driver forced you into the collision, so the other driver is at fault.

Now...prove it.

If you have a dash cam, you'd probably be golden in that regard, but, as was said above, it really doesn't matter in the end.

Thank you, I've been stressing about this all night. I don't have a dashcam, and I doubt that the other driver had one either.

 

[Zigner]

Thank you, I've been stressing about this all night. I don't have a dashcam, and I doubt that the other driver had one either.

Get one.
Really.

Let's say that you had caused damage. While your dash cam may not have identified the other driver, it would have (may have) shown what actually happened so that you could prove it wasn't your fault.

 

[zddoodah]

Am I at fault?

I don't understand the question.

At fault for what? Since you apparently caused no injury or damage to another person or property, there is nothing for which you could be at fault.

how should I go about this besides just calling them?

We don't know what insurance you have. Many major insurers have online claim reporting. However, I'm not sure what would be the point in reporting it. Unless your collision coverage deductible is less than the cost of repair to your car, it won't be worthwhile.

As I understand it, you don't have any information about the other driver. If that's correct, then the issue of whether the other driver might be at fault is moot.