auto accident on private road ~ person hit me while I was stopped and claimed I hit them. What happens now?

Question

There is a short steep hill on our private road. I had just started down the hill and neighbor was coming very fast up the hill. I pulled as far to the right as possible and stopped. They did not attempt to slow down and side swiped my vehicle, it actually got stuck on my car. After backing off my car they stopped a bit up the hill and got out of the car. They claimed I hit them and said I have a witness (teenage son). Do they take a child's word for it as witnesses when they can be asked to not tell the truth? The person left the scene without giving insurance, name, address etc. They are my mother's neighbors. We called the CHP, and they came and took a statement. The person laughed. We were told later he called 911 but left to defuse the situation. He left going away from home. Then they snuck home the back way, so they did not pass by us. What do ins. co's do in this case? Will I get a point on my record? So unfair ~ especially with all the laughing in my face.

James L. Arrasmith · Answer

In the event of an auto accident on a private road in California, the process for resolving disputes is similar to that on public roads. When there's a disagreement over who is at fault, insurance companies typically investigate by reviewing statements, the police report, and any available evidence, including witness testimonies. Yes, a child's testimony can be considered, but its weight may be evaluated in the context of the situation and any potential biases. 
 
After reporting the accident to your insurance company, they will conduct their own investigation to determine fault. This can involve examining the damage to the vehicles, any photographs of the scene, and the statements from both parties and witnesses. The fact that the other party left the scene without providing their information complicates the situation but doesn't prevent your insurer from acting on your behalf. Your insurance company may attempt to contact the neighbor’s insurance company to resolve the claim. 
 
Points on your driving record are typically the result of moving violations issued by law enforcement, not insurance claims. If the investigation finds you were not at fault, it should not affect your driving record. However, dealing with insurance claims can be frustrating, and outcomes can feel unfair, especially when facing uncooperative parties. It might be helpful to follow up with the California Highway Patrol (CHP) for a copy of the accident report and consider consulting with a legal professional to explore your options for recourse and ensuring your rights are protected.

Tim Akpinar · Answer

What happens? Your respective insurance carriers will probably investigate, looking at all evidence - including your statements, the other side's statements, the officer's report, positions of vehicles, nature of damage, etc. Good luck

Q: auto accident on private road ~ person hit me while I was stopped and claimed I hit them. What happens now?