Like a good neighbor, State Farm is there...

Isn't it illegal to text while driving? Police can fine her for that .

#85 If she's caught. :/

Yes, it is. And there should be evidence (besides your brother's observation) that she was trying to text and drive--such as the time a text was sent versus the time of the accident. I'm guessing you and your brother weren't hurt too badly--thank goodness. Now let's hope you can get your car fixed--via HER insurance company.

Sorry about that OP. You should have grabbed that phone from her and smashed it before even she opened her filthy mouth.

If OP's brother had recorded her before she hit them, op could've sued the crap out off her and take her off the road for good!

No my friend, insurance companies always get the money. They make you pay through the nose for something you pray you never use. Then, if you use it, they make you pay even more and say you've justified their need to charge more.

If she was at fault, then her insurance would pay for your damages, not yours. therefore, she would see the insurance hike, not you. Insurance isn't for your own damages most of the time. No one cares if your stupidity only damages you, insurance is so that other drivers don't get ****** over if you damage their car or cause them injuries.

Once you have an accident on your record, insurance companies want to hike your premium.

Not if the other driver was at fault. They take statements and decide who is at fault. If it's on your record but it says 0% at fault, you're good (unless, of course, you have a lot of these. Then they'd probably look into you for scamming.)

I have been in two not at fault accidents in ten years. Neither one raised my rates because I was not at fault.

I've had my rates raised when the accident was not my fault. I had testimony from witnesses and police, to no avail. So it does happen.

Unfortunately both insurance rates will sky rocket, at least in the state I'm from. I hit a deer last year on a state highway and no other cars were involved and with a perfect record my rates still went up 30%. It's crap, but if there were cameras around you may be able to prove she was on her phone and not worry about any of this.

#69 that's because cases like that are counted as you being at fault (even though it was the deers fault) because there's no other party to claim against, unless the deer had insurance.

It does get ridiculous sometimes. For example I was once rear ended leaving a hockey game. Traffic was crawling, and I had been stopped for a few seconds. He was paying zero attention and his dad tried his damnedest not to pay, but even my insurance payment went up. Unfair but what can ya do

actually #3 all the cop has to do is say let me see thecphonecnd look at the time stamps of the text. I was hit and they found she was texting while driving. but also op should have just said and that is why old people should not text and drive.

No one should text and drive. At the end of the day, it's not worth it.

OP could also use his brother as a witness

They might be able to prove she was smoking as the scent will be strong. Also if the cop checks her phone for texts, he can prove that she sent texts before the accident (if she actually did).

11, my uncle is a cop and he said that they are not legally allowed to say, "let me see your phone," they would need a search warrant. They can check it without a warrant at a fatal crash.

35, they don't always ask though. I got into a crash and the cop didn't talk to my brother, who was in the passenger seat when it happened, and because of this, I got stuck with the fault, even though it clearly should have been the other guy's

Sometime is about who they think is more believable. Unfortunately, this is based on profiling, so older people are more believable than teens, etc.

He he, you mean her carma?

I thought it was funny dude, chin up

how do you figure that one to be even feasible.

15, 7 is referring to a prior fml.

I agree old people have no sense of distance but young people driving just drive fast or don't pay attention sometimes. I give you respect for being a good driver

The good teens only see the bad adults, the good adults only see the bad teens

#13, it's not just young people. When I drive, the people I see who are speeding, texting, eating, running red lights, or doing something else that would be considered distracted/dangerous driving, tend to be mostly adults. I can't tell you how many times I've been crossing the street downtown, and almost been hit by an older adult not paying attention. Last year I was riding my bike, and was hit by a man who ran through a red light. He actually went "This is why young people are such a nuisance on the road!", despite the fact that he was the one in the wrong. Earlier this year while in the car with my dad, an older woman tried to merge into our lane without signaling, and without looking. She ended up hitting us, and tried to blame it on me because obviously "young people can't drive". Earlier this year, one of my best friends got into an accident before work because a woman backed out of her driveway without looking and ended up hitting my friend. She actually started yelling at us about how young people shouldn't drive because we always cause accidents, and we kept apologizing until we realized that it was actually the lady's fault for not paying attention. Olderadults use the excuse of "young people are terrible drivers" all the time, when in reality, they're pretty awful as well. Being older doesn't automatically make you a great driver. It doesn't even make you a decent one. What makes someone a good driver is their ability to recognize that they need to behave appropriately on the road, because irresponsible behavior while driving could actually kill somebody.

That was a longgggg post

What were those four extra "g" for?

25 - To (mis?)quote Fried Green Tomatoes, "I'm older and I have better insurance!"

Most people can't ******* drive period. It's not an age thing at all. Here's a fun test for you guys. Next time you're on the freeway look at where most traffic jams start(minus accidents) they're either from having to go uphill or from a big turn in the road. Idiots can't even push the accelerator a little harder to maintain speed. Merging is also way too hard for people because taking turns is a foreign concept.

Not sure why this was down voted. I've notice this too and it pisses me off. I've had to catch my self after thinking "somebody better be dead to have caused this stupid traffic jam and not another asshole who can't drive uphill" I did feel bad after thinking that.

The people who down voted are the people who were saying "you don't need to accelerate while going up a hill to maintain the same speed. That's why it's called an accelerator, idiot!" Read that with a valley girl accent.