I was recently involved in an accident. I was making a left hand turn onto a residential street after dark and was hit in passenger side back wheel and qtr panel by oncoming car. Upon impact, the back of my 2012 Kia Sportage was spun around clockwise, to about a 70º angle from it's original path. I was blocking most of the 2 way street post impact. I suspect the driver was distracted because I never heard any evidence of the brakes being applied as she plowed thru. Shehe did not have her headlights on. The driver of the other vehicle jumped out of her car and immediately asked if we were ok. As soon as I said yes, she jumped back in her car and moved it away from my vehicle and parked it in the original lane of travel next to the curb just past the corner of the intersection. Turned on her hazards and still with no headlights exited her vehicle and left it blocking the roadway. Once my car stopped moving, I checked on my 8 yo son who was in the front passenger seat. I got out and was looking at the damage. I was pretty shook up and had no idea what I was supposed to do. The police were called and I just basically stood there comforting my son. When the officer arrived, he took my insurance info and hers as well. He asked me what happened and I just said, I turned left, didn't see the car and about 90% of the way thru the intersection I see that she is going to hit me so I yelled out to my son to hold on as we both braced and that's how my car ended up here. Once he finished taking statements the officer asked me if I could go ahead and move my vehicle. My vehicle would not move because of the damage to the wheel/axle.
Based on the estimate of damages, the location of those damages and the final position my car was in post impact this accident was her fault. My guess is she was driving while distracted considering she made no attempt to swerve or brake. My car is white and if she had her headlights on maybe I could have seen her as easily as she SHOULD have seen me. Also, the speed limit on the street she was traveling on was 35mph. Since she was driving a 2005 Dodge Magnum she has no black box. Will the black box on my 2012 Kia Sportage show the rate of speed she was traveling when she hit my car? Is it likely she was speeding considering the post impact position my car was in and the damage? Until I started researching what to do after an accident I was clueless as to just how important it is to take pictures and tell the police officer exactly what happened. I am in an impossible situation because of this accident. My paid off, well taken care of 2012 Kia with brand new tires and only 71K miles is totaled and her insurance is blaming me for the accident and is refusing to pay for the damages.
Here are a few pics of the damage
Any advice would be GREATLY APPRECIATED!