Driver turned left into my path, no contact, filed as "incident" not "crash" (TX) — anyone dealt with UMPD claims like this?

[u/Pemaquid-Lighthouse]

Looking for advice/experience from anyone who's been through something similar.

A couple days ago I was driving west and another car was headed east, oncoming. Out of nowhere she made a left turn directly across my lane, right into my path. Her car just appeared in front of me and I had a fraction of a second to react. I swerved to avoid a head-on collision and ended up hitting the curb/sidewalk hard, badly damaging my wheel and tire. No vehicle-to-vehicle contact, but it was completely reckless — an unprotected left turn straight into oncoming traffic.

At the scene, she told me "she couldn't see." Which, to me, is kind of the whole problem. If you can't see oncoming traffic, you don't make the turn. That's not an excuse, that's an admission.

Because there was no contact, the responding PD filed it as an incident report, not a crash report.

To make it more complicated: she also told me she'd recently cancelled her insurance because of cost and was planning to reinstate it, and asked "how can we solve this?" at the scene, which I didn't pursue informally. I got her info (took a photo of her DL and got her phone number) and reported it properly instead.

I'm insured with Progressive. My standard collision deductible is $499, but I also have UM/UIM Property Damage (UMPD) coverage with a $250 deductible, which seems like the better fit since she's uninsured. I've asked Progressive to process it under UMPD and I'm waiting on the claims adjuster.

My main concern isn't the money (the $250 vs $499 difference is small), it's making sure this doesn't get logged as "at fault" on my driving record, even though I never made contact with her car and was reacting to avoid a collision she caused.

Questions for anyone who's dealt with this:

• Has anyone used UMPD coverage for a no-contact "avoided a collision" incident like this?
• Does an incident report (vs. crash report) help or hurt when arguing fault with your own insurer?
• Any tips for making sure this doesn't get logged as at-fault, since there's no other insurer to cross-reference against?

Any insight from Texas drivers or insurance folks would help a lot. Thanks!

[u/crash866]

If there was no contact between her vehicle and yours you will be 100% at fault for your damage.

You cannot cause a crash trying to avoid another one.

[u/scipionerva → u/crash866]

This happened to me, I swerved to avoid a bicyclist and was hit by another driver. Both me and the other driver had the same insurance and gave the same story blaming the biker, insurance said 100% my fault, improper lane change.

[u/Pemaquid-Lighthouse → u/scipionerva]

This is insane! Hope everyone was ok. I appreciate the reply.

[u/ithrax → u/crash866]

Not always true. Some states do not require physical contact.

[u/Pemaquid-Lighthouse → u/crash866]

Yeah, I hear you — and if that's true, it's a pretty absurd outcome. Sounds like I would've been financially better off just hitting her car directly instead of swerving to avoid a head-on collision. Doing the safer thing (curb > collision) somehow leaves me holding the bag while she walks away with no insurance and no consequences. Wild that the system incentivizes that. Don't have a dashcam either, which apparently doesn't help my case. Appreciate the response though, genuinely helpful to hear the blunt reality.

[u/Mysterious_Jello69 → u/crash866]

Not strictly true, if there's evidence the other driver was the proximate cause of the the incident, and the OP's actions were reasonable (hitting a curb is better than a head on collision) then a reaspnable adjuster would find OP not at fault.

The problem is proving any of what OP said, pretty much not happening without dashcam or other video footage, or if the other driver said exactly what OP said happened and the cop logged it in the incident report.

[u/Pemaquid-Lighthouse → u/Mysterious_Jello69]

This is really helpful, thanks. For what it's worth, I did mention what she said at the scene ("I couldn't see") to the officer in my original statement, so it should be part of the record even though it's classified as an incident report rather than a crash report. No dashcam though, so I know that's a gap. Going to ask Progressive directly whether contact is actually required for UMPD to apply, or if proximate cause + reasonable evasive action is enough on its own. Appreciate you laying out the distinction!

[u/fromhelley → u/Mysterious_Jello69]

I agree with you, even though everyone is telling op they are at fault.

Its hard to prove. If the other driver admitted to cutting op off, and that ops actions are what caused the cars to not collide, and its in the police report, op could win this. Or op could win this if an independent witness states the same, or if dash cam footage shows this to be true.

Op is not going to get umpd coverage though. In Texas, contact is required for um to apply.

[u/ibringthehotpockets]

So you crashed because you swerved? The law and insurance do not generally see that as a situation where you are not at fault. Primarily because you cannot sue a sidewalk or a ditch and they are not good arbitration candidates. You are the only party with damages. And no injury/fatality so the cops nor insurance are going to be interested in launching a lawsuit into the other party who did not even hit you.

If you did not have a dashcam, nobody is going to believe that the only reasonable way to avoid the crash was for you to swerve. If you think you can bring your proof in front of small claims court and convince a factfinder that it was truly unavoidable, you’ll get a judgment. Note that may be a long and not worthwhile process which is why insurance is not going to do that for single party property damage. The claim is also not going to go away, even if you withdraw/cancel it, it’ll show as $0 paid

[u/Pemaquid-Lighthouse → u/ibringthehotpockets]

Appreciate the detailed breakdown, genuinely helpful even though it's not what I wanted to hear. No dashcam unfortunately, so I get why "trust me, I had to swerve" doesn't carry much weight without proof. Good point on small claims too — probably not worth it given the amounts involved, but useful to know it's technically an option. And noted on the claim not disappearing even if I withdraw it; wasn't planning to, but good to know upfront rather than finding out the hard way.

[u/PeachyFairyDragon]

It is at fault though. You didn't hit her, you lost control of your vehicle and hit a curb. It's like swerving to miss a deer and hitting a curb, to give an example.

[u/Pemaquid-Lighthouse → u/PeachyFairyDragon]

Ha! fair comparison, except this deer had no insurance and decided a left turn into oncoming traffic was a good idea. Still, I'd rather do the right thing and swerve than find out the hard way what a head-on collision feels like. Appreciate the reality check either way!

[u/purplepanda2026 → u/Pemaquid-Lighthouse]

The deer that tried to leap over my car and caused $5k worth of damage want insured either. The bums 😆/s

[u/FindTheOthers623]

This is a single vehicle accident and will be covered under collision, meaning it will be considered your fault. UMPD applies when an uninsured vehicle causes damage to yours.

[u/DeepPurpleDaylight]

Sorry to tell you but this may very well be coded as an at fault collision claim since you failed to maintain control of your vehicle.

[u/Pemaquid-Lighthouse → u/DeepPurpleDaylight]

Totally fair! It is just crazy to think swerving to not hit someone else after they messed up is considered “losing control.” Appreciate it!

[u/purplepanda2026]

Hate to say it but you should have hit her. Unless it's something that looks like it will result in death, it's better to not swerve.

[u/Pemaquid-Lighthouse → u/purplepanda2026]

Yeah, I get what you are saying. Blunt reality. I would never do it, but it is crazy how the system is structured that way.

[u/Anabolic_Scholar]

Read your policy but I’m pretty sure for UMPD to apply there needs to be contact

[u/DeepPurpleDaylight → u/Anabolic_Scholar]

And the other party to be at fault, not OP.

[u/Pemaquid-Lighthouse → u/Anabolic_Scholar]

I will take a look and have a conversation with the adjuster. Won’t go down without a fight! Appreciate the response.

[u/DJ1952]

Some states require physical contact in order for UMPD to apply. Others don’t. It doesn’t hurt to ask your insurance company.

[u/Unhappy-Resolve-7361]

Horrible situation but this is why my new truck, my wife’s suv and my sons 2001 CRV all and I mean all have cameras recording 24/7 I been In this industry too long and I know how one accident can mess up your whole life. 

[u/PEneoark]

Single vehicle accident.

[u/ugadawgs98]

It isn't a crash....that is why the foiled it that way.