Rear End Collision Accident Insurance Question

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dustermaniac

dustermaniac

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My wife was on her way home from picking up the kids at daycare this evening when her vehicle was rear ended.
 
Your insurance co will get their $ from his. No skid marks? c'mon. She didn't slam them, and he didn't either.
 
Sounds like the SHP just got done didn't hitting the crack pipe.

From where I come from you hit someone in the rear its your fault. You wasn't paying attention to the road and traffic. Now I know of a incident that happen where a woman got tired of another car behind her for tail gating. She thought that she would slam on breaks, make the guy hit her, it would be his fault, and teach him a lesson. Well how did that work out? Not to good! The highway patrol saw two black marks where she slammed on breaks on purpose and it was her fault.

Be sure you watch what you say on the phone when EITHER insurance company calls you. They record what you say and turn it around on you if you dont watch out. My mom had a incident and what she said on the phone made it a different situation when she was to get her car fixed. It was the other persons fault... I want go into any details. Just be careful.

I hope your family is ok Tom!
 
In most states it is the person who hits from the rear's fault. They were not in control of their vehicle. You have to be able to anticipate what the car in front of you is going to do and be able to avoid it. If not, you are following too close and are not in proper control of your vehicle.

Did she check the rear view mirror when she stopped. Was the guy in the s10 talking on the cell phone and driving and not paying attention like he should have? you should bring that up also. Too many people talk on their cell phones when driving and don't pay attention like they should.

Also point out that her vehicle is much heavier than his and needs more distance to stop. He should have been able to stop from whatever speed she "must have been going to slam on the brakes so he would hit her" and been able to stop much faster. A s10 should be able to stop much faster and less distance than a full size Bronco.

Also ask if he had been drinking. Put him on the defensive. Try to get in his face and see if you can smell any alcohol. Then ask the cop to do a breathalyzer on him. If he blows anything above 0, make the suggestion that the alcohol may have had a part in the accident. Even if he was below the "legal limit".
 
mullinax95 said:
Sounds like the SHP just got done didn't hitting the crack pipe.

From where I come from you hit someone in the rear its your fault. You wasn't paying attention to the road and traffic. Now I know of a incident that happen where a woman got tired of another car behind her for tail gating. She thought that she would slam on breaks, make the guy hit her, it would be his fault, and teach him a lesson. Well how did that work out? Not to good! The highway patrol saw two black marks where she slammed on breaks on purpose and it was her fault.

Be sure you watch what you say on the phone when EITHER insurance company calls you. They record what you say and turn it around on you if you dont watch out. My mom had a incident and what she said on the phone made it a different situation when she was to get her car fixed. It was the other persons fault... I want go into any details. Just be careful.

I hope your family is ok Tom!
Click to expand...

I may be wrong but do not most states/ provinces require you to advise the telephone caller that the call is being recorded, otherwise it cannot be used in court?
 
I figured in every state the person who drives into the back of you is at fault no matter what. if there is a state where this is not true let me know so i never drive there.

Even if there was thick black skid marks it should not matter. you should know your vehicle and follow at the appropriate distance.

but i suppose there could be that bass ackwards state out there where it is different.

hope everyone is okay.
 
I hope your wife and kids are ok, first off, Tom. Secondly, it should not matter about state laws....I think in this case the dipshit who hit her was at fault. Slammed on her brakes or not, if he did not have time to react, he was either 1) following too closely, 2) going too fast, or 3) both. It was 100% his fault. Your wife's neck is sore. Call an attorney.
 
If you rear end another vehicle it will be your fault, unless the vehicle you hit is in reverse. If your stopped at a red light and pushed into the back of another vehicle due to someone rear ending you, its not your fault. If you slam the brakes to avoid a collision or a deer crossing the road then it will be the other drivers fault if they rear end you. This is why its recommended by the DMV to leave a minimum of two cars lengths between you and the car in front when driving. If you slam the brakes for no apparent reason and cause an accident then its you fault.
 
Oklahoma, it would be the driver's fault that hit the rear of the vehicle in front. Ticket would be for "following too close". It would be the same if she had slammed on her brakes. There might have been a child running out in the road or something similar.
 
Isent there a law about following to close?? im a retired truckdriver and i got a ticket for it cal Hope your famly is all wright
 
DM I am glad everyone is ok. But in NC it is the person fault if they rear end the vehicle in front of them. Sounds like SHP didn't want to put the blame where it belong.
 
That cop is a dips##, but you have to learn to keep you and your wife's mouth SHUT. Don't be discussing this stuff with ANYONE, especially a cop. ALL you or she needed to say was that she had to slow for traffic in front of her, period, end of story. Or maybe simply say "you were in traffic and suddenly got hit." The lack of any skid marks you your wife's part should be telling, BUT EVEN IF THERE WERE it "should" still be the other guy's fault.

I think you should call an attorney, and ask him if she should pursue a citizens complaint against the guy for "following too close" or similar charges.
 
StrokerScamp said:
I hope your wife and kids are ok, first off, Tom. Secondly, it should not matter about state laws....I think in this case the dipshit who hit her was at fault. Slammed on her brakes or not, if he did not have time to react, he was either 1) following too closely, 2) going too fast, or 3) both. It was 100% his fault. Your wife's neck is sore. Call an attorney.
Click to expand...


Don't forget that the kid's necks may be a little sore also when you call the attorney...
 
Rear end someone, regardless of reason, and you are at fault. Just watch as whiplash symptoms are not always immediate. Hope your family is OK.

Grant
 
plumcrazy704406 said:
I may be wrong but do not most states/ provinces require you to advise the telephone caller that the call is being recorded, otherwise it cannot be used in court?
Click to expand...

Yes that's true. I was meaning for him to be careful what is said more or less.
 
Kids are all sore and on prescription pain meds Wife is also on pain meds. Wife has pain in hip neck and back. 14 yr old daughter has pain in neck shoulders and back. 8 yr old grandson has pain in neck. 6 yr old granddaughter has neck pain, 1 yr old grandson seems to be fine. All were belted in and kids were in car seats as appropriate. We will be contacting Insurance company and Lawyer today.
 
So the second exit was over an 1/8 mile further up the road? Is it possible he saw your wife had plenty of time for the car in front to turn. I wouldnt expect someone who has the right of way to brake for a vehicle an 1/8 mile up the road either.Sorry to hear your family is hurt. Just trying to figure out how this could happen.
 
Sorry to hear the family is banged up! Hopefully it is temporary. I just finished up dealing with my insurance company where they intially stated that I was at fault. I questioned them why and they read me "their rules" each insurance company I am sure is different. Well I told them its only common sense the other driver is at fault. I told them that I have both my car and home insurance with them and that I will be changing companies. The claims specialist said she would speak to her boss and 2 days later they said due to extenuating circumstances they changed their mind and the other driver was found at fault. Here is a link I posted to my early Christmas present http://www.forabodiesonly.com/mopar/showthread.php?t=170379

Hope it all works out for you, make a stand with your insurance agent!!
 
.............DM, i hope the pain is only temporary......i'm praying for u guys....get his cell phone records...........could of been talking or texting
 
I hope your family is OK. I think you are doing the right thing by contacting a lawyer. Get one, and refer questions to your lawyer.
 
For one thing get off the story of Right turns , Parking lot. guy down the street . second guy you were letting out after the first guy you were letting in, This all sounds like your giving excuses.

Stick to the simple explanation . She slowed to for traffic that was stopped and left space for turning trafic an she got hit. Of course this accident was his fault. And the ER isn't going to tell you about future spinal stenosis this will cause. They protect the Insurance Companies. Get A lawyer and don't speak to anyone not even on here . edit your first thread don't be stupid. The least you say the better off you'll be. All they need to know is she slowed for traffic like I said. Her statement at the scene means nothing. She was injuered and stressed and couldn't thing clearly. The cops are paid to try and find both party faults so there will be a % for both. This hinders insurance payment and save both insurance monies. GET A LAWYER YESTERDAY. REMOVE THIS THREAD.
 
What he said. If it is a newer auto the computer recorded the vehicle activity. get lawyered up and STFU. BTW, the lawyers also usually work for the insurance company not you so be careful. A friend had that problem and got screwed cause the lawyer really wanted the easy settlement moolah and was probably on the ins payroll.
 
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