| iceman1331 |
My X was hit on the rear bumper and the muffler was dislolcated last Friday evening. The other car was a mid- 90 WV Jetta which suffered serious damages in the front. Luckily, no injury so far. I got the DL info, but the driver did not understand English, and he had no proof of liability insurance. I reported it to my insurance.
Story: My X was at a total stop waiting for the exit ramp to clear the traffic. All of a sudden, the other car hit the rear of my X at the highway speed of about 40 mph. My son was sitting on 2nd row watching DVD, and my wife was in the passenger seat.
I suspected the other car had poor brakes, and the driver was trying to stop but failed.
Who is at fault ? :3: |
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| MDX91377 |
| sorry to hear about this, but glad to see no one hurt! i'd think it's the other driver's fault, 100%. although you don't feel any discomfort for the time being, but please do see your doctor. 40mph is not a minor impact. |
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| shootist |
In every state I know of, striking a vehicle in the rear is prima facia evidence of negligence. The rear car is always at fault.
I've settled claims where a stick shift car rolled back into another car at a stop light on a hill, and the rear car was held liable.
If he didn't have insurance, you should have called the cops. You'll have a difficult or impossible task of collecting from him; he may not even have any assets to attach if you were to win a suit. Maybe not, but first indications don't sound good.
Your physical damage insurance should cover your damages after your deductible. You probably have at least a limited benefit called "uninsured/underinsured motorist coverage" which may respond to any medical or lost income damages you suffer. |
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| hammermdx |
quote:
Originally posted by shootist
In every state I know of, striking a vehicle in the rear is prima facia evidence of negligence. The rear car is always at fault.
I've settled claims where a stick shift car rolled back into another car at a stop light on a hill, and the rear car was held liable.
If he didn't have insurance, you should have called the cops. You'll have a difficult or impossible task of collecting from him; he may not even have any assets to attach if you were to win a suit. Maybe not, but first indications don't sound good.
Your physical damage insurance should cover your damages after your deductible. You probably have at least a limited benefit called "uninsured/underinsured motorist coverage" which may respond to any medical or lost income damages you suffer.
Bummer, I agree with what my fellow member said, you are in great shape from an insurance point of view. Glad no one was hurt. |
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| nightguy |
| Is CA a comparative negligence state ? If so, fault is almost always 90/10 or 85/15. |
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| XStatic |
Glad you are ok..
:needpics: |
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| G. COLTON |
| Who did the police report say was at fault. You did report the accident did not you? If not do not be surprised if your insurance company is reluctant to get involved. |
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| greatscot |
quote:
Originally posted by nightguy
Is CA a comparative negligence state ? If so, fault is almost always 90/10 or 85/15.
Yes CA is a comparative Neg. state, but vehicle code states that in this situation, the rear ender is at fault. Since iceman was at an authorized stop, there would be no comp. negligence on his part. Not an Atty, just my HO.
Glad everyone appears to be OK for now, but like MDX91377 said, get everyone checked out anyway. Good Luck. |
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| zafer |
quote:
Originally posted by shootist
I've settled claims where a stick shift car rolled back into another car at a stop light on a hill, and the rear car was held liable.
:wtf: |
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| aac |
| yeah....the law can be pretty black and white at times....so much technical stuff..... |
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