View Full Version : Auto accidents stink
WickerBill
07-08-12, 09:52 AM
In a long line of stop-and-go traffic trying to exit an interstate to a busy road. Traffic is going 10-15mph each time the light at the end of the ramp turns green, then slowing to a stop when it turns red. Guy in front of me stops abruptly, I stop abruptly, lady behind me hits me at about 15mph. I hit car in front of me.
Lady admits fault to police. Meanwhile, car I hit has a passenger with what I will call "convenient neck pain". I was the impacting car with the injured's vehicle, but not at fault for the wreck... am I gonna get sued?
In a long line of stop-and-go traffic trying to exit an interstate to a busy road. Traffic is going 10-15mph each time the light at the end of the ramp turns green, then slowing to a stop when it turns red. Guy in front of me stops abruptly, I stop abruptly, lady behind me hits me at about 15mph. I hit car in front of me.
Lady admits fault to police. Meanwhile, car I hit has a passenger with what I will call "convenient neck pain". I was the impacting car with the injured's vehicle, but not at fault for the wreck... am I gonna get sued?
If the state has a “no fault” rule the insurance company for the car the injured person was in will pay the medical bills. As far as any possible law suit is concerned the insurance companies work it out. As for the damage the person you hit puts in a claim to your carrier, they in-turn make a claim against the person who hit you. Get a copy of the accident report.
This assumes everyone is properly insured.
And yes, accidents do stink.
The sad thing is, as we have found out, even when you believe everything is taken care of and it's all over, that may not be the case.
Not to thread hijack, but case in point....
Mid may 2011, when Brittany was a Junior, she left school, was on the main road in front of school and it was raining, she ended up rear ending a lady and her daughter (from the same school) at a red light, one of those cases like WB's, on person stopped short, everyone else stopped, but she slid on the wet pavement and bam. Brit thinks she was going 15-20, but the car she hit was a Dodge stratus and basically just had a scuff on the bumper cover and no trunk/brake light damage, so I guess she was maybe doing 15-20 last she noticed and then got it down to the 5-10 range before the hit. Anyhow, the other car was driveable, as was Brit's (after we bent the hood down and duct taped the front cover back on) her car sustained about $500 in damage or so (parts only, I did the work myself) The lady that she hit and her daughter both said they were fine and told the police no ambulance was needed, and that is all on the report. Brit and her friend that was with her when this happened, continued to see the lady and her daughter come and go from school for the next several weeks until the year ended, driving the same care and appeared to be non the worse for wear. A couple months later a lawsuit came through and Brit along with her friend gave depositions to the lawyer from her insurance company, which so happens to be the same as the other ladies (State Farm). That's the last that was heard of that until this May, it appears that the original lawsuit went nowhere, so now that they have tried to sue the insurance company to no avail, they are going after Brit. She received a summons the week of graduation, notifying her that she was being sued for $150,000 because the car had been totaled (same one that was driven away and was continually driven afterward) also lists the lady as having permanent life altering injuries due to the accident, and even the husband is getting in on the act claiming that this whole situation has caused him great mental anguish and apparently to become sexually dysfunctional due to all of this. Well since Brit did have insurance and still does, she just passed this off to the insurance company again and they will fight it as if they were being sued again. I guess this is a pretty common tactic, if the insurance company successfully defends itself against a lawsuit like this, the practice is to go after the person in a civil suit, because the insurance company still has to defend that as well....because that is what insurance is for. I guess the only time this wouldn't hold true would be if you were grossly negligent or caused a crash on purpose.
Luckily this doesn't cost her anything, but is a good lesson to pay attention to what is going on around her as she is on the road, because there are plenty of losers out there who are willing to take advantage of a non issue to get something for nothing.
Maybe - a big PITA in either way.
I had one experience - sort of similar - will spare everyone the details. What seemed to work for me - anything that came to me: suits, letters from victims, letters from opposing insurance companies, etc.... I sent it all to my insurance company. I had an accident report that said I was NOT at fault. Sent it all away to them.
YMMV.
In the end, the "victim" failed to appear for an arbitration hearing and lost her case.
Insomniac
07-08-12, 04:24 PM
When I lived in WV a high school friend ended up in a similar situation. They (police) said it was his fault for hitting the car in front of him regardless of the fact that he was hit from behind. It was his responsibility to maintain a safe distance between the car in front.
As far as lawsuits and injuries, we always referred them to the insurance company and they handle it all.
Once my brother and Dad were sued in small claims court. The driver (who was at fault) sued them (my brother was the driver and my Dad the car owner) because he missed work to go fight his citation. Judge dropped my Dad immediately then kicked the rest almost as soon as the guy finished talking.
Moral of the story: People can (and do) sue for anything. (unfortunately)
They (police) said it was his fault for hitting the car in front of him regardless of the fact that he was hit from behind. It was his responsibility to maintain a safe distance between the car in front.
It really depends on the exact circumstances of the incident, the statements given by the principals and how the police officer at the scene writes it up.
If participants say things like “I didn’t see him” that means they weren’t pay attention (the car wasn’t invisible). If they say “he slowed suddenly and I couldn’t stop” that means they weren’t paying attention or were following too closely. People sometimes tell the police things that they think exonerate them from fault but in fact do the opposite.
Some people just need killin'.
Methanolandbrats
07-08-12, 06:36 PM
This accident does not involve horrible injuries, so just make a statement to your insurance company and possibly a statement to theirs (over the phone) and you are done. That's why you have insurance, the lawyers will dick with each other and resolve it. Don't sweat it.
WickerBill
07-08-12, 09:10 PM
rocket: not a hijack at all -- very valuable info. I'm worried about my rates, mostly, since my daughter gets her license this week. :eek: Don't want it to be a double dip of pain...
Methanolandbrats
07-08-12, 09:17 PM
rocket: not a hijack at all -- very valuable info. I'm worried about my rates, mostly, since my daughter gets her license this week. :eek: Don't want it to be a double dip of pain...
Your daughter was not driving. Worst case is the premium for your vehicle might go up a little.
rocket: not a hijack at all -- very valuable info. I'm worried about my rates, mostly, since my daughter gets her license this week. :eek: Don't want it to be a double dip of pain...
I don't know a ton about how crashes affect rates, but I'd be willing to bet if you're clean otherwise it will be minimal if anything, and if you didn't receive a ticket, you should be OK...the daughter going on your insurance, well that's another story.
If nothing else, you can pass this story on to you're daughter as an example of the headaches involved if you are involved in a crash, no matter how minor it may seem.
A co-worker was in a similar accident about a year ago. Like WB, he was driving the middle car. He was not sued and his rates didn't go up. His biggest problem was corralling his 7 year old daughter at the scene of the accident. She was apparently very vocal that someone should be arrested for causing such a mess. She was not amused. :D
WickerBill
07-09-12, 08:15 AM
Gnam, that just made me laugh in the middle of a meeting. (yes, I read OC in boring meetings)
She was apparently very vocal that someone should be arrested for causing such a mess. She was not amused. :D
:rofl:
http://i45.tinypic.com/1405s4.jpg
It really depends on the exact circumstances of the incident, the statements given by the principals and how the police officer at the scene writes it up.
If participants say things like “I didn’t see him” that means they weren’t pay attention (the car wasn’t invisible). If they say “he slowed suddenly and I couldn’t stop” that means they weren’t paying attention or were following too closely. People sometimes tell the police things that they think exonerate them from fault but in fact do the opposite.
So, exactly what should you say?
If participants say things like “I didn’t see him” that means they weren’t pay attention (the car wasn’t invisible). If they say “he slowed suddenly and I couldn’t stop” that means they weren’t paying attention or were following too closely. People sometimes tell the police things that they think exonerate them from fault but in fact do the opposite.
Sounds like you're talking about being the instigator, I think the question was about sitting still and being bumped into someone from behind.
I've also heard of people being cited in that situation based on failure to maintain a safe distance. I hope that depends on the circumstances since if someone hits your from behind with enough force there really is no practical "safe distance".
WickerBill
07-09-12, 11:16 AM
I heard from neck injury's insurance this morning, and they are pursuing the insurance company of the person who hit me. So hopefully, I am off the hook after my car is fixed.
Sean O'Gorman
07-09-12, 11:18 AM
You'll be fine. The person in front will likely say that they felt one impact, which means you were pushed into that car. Email me (since I don't come here too often) if you need any assistance.
So, exactly what should you say?
I left plenty of room in front of me and would have been able to stop easily, but the car behind me hit me so hard that it send me into the car in front.
And don't say "Hello, Occifer." :gomer:
So, exactly what should you say?
Be truthful and concise, with no superfluous details.
The fact that WB had to stop short to avoid the car in front of him isn’t relevant. He was hit from behind when stopped. He was paying attention and the person behind him wasn’t.
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