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stardebby

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Jan 22, 2009
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This is my story...a month ago I was rear end by another car and the driver was cited by the police.Well he contested the ticket and was found not guilty. His insurance has already paid to have my car fixed it was less than 800.00. Do I have to pay that back? Can he sue me or will I have to pay for his car. I'm so scared of what could happen. If Ihave to pay for my car I can live with that.
 
This is my story...a month ago I was rear end by another car and the driver was cited by the police.Well he contested the ticket and was found not guilty. His insurance has already paid to have my car fixed it was less than 800.00. Do I have to pay that back? Can he sue me or will I have to pay for his car. I'm so scared of what could happen. If Ihave to pay for my car I can live with that.

I would image the insurance company will want the money back
 
Just because he contested the ticket and was able to get off on that doesn't mean that his insurance company will not cover the cost of your car repairs. He is still at fault in the accident since he rear ended you (at least in NJ the person who hits you from behind is always at fault) and his insurance company should still cover the repairs.

The ticket and the insurance claim are two different issues.
 
Just because he contested the ticket and was able to get off on that doesn't mean that his insurance company will not cover the cost of your car repairs. He is still at fault in the accident since he rear ended you (at least in NJ the person who hits you from behind is always at fault) and his insurance company should still cover the repairs.

The ticket and the insurance claim are two different issues.

Thanks so much I'm worried sick about what could happen
 

Thanks so much I'm worried sick about what could happen

I do not know Fla law, (we have comparative negligence, but a rear hit owuld have been 100% anyway unless some CRAZY situation which RARELY happens) but he REAR ENDED YOU, so who care why he got off, it could be as simple as the police made ANY error (digit/date/time) on the ticket or he failed to show for court.
That should have NO BEARING and the other carrier already paid for the damages....so don't worry about it and I would not even SPEAK with or communicate with anyone at this point.

Sounds like you're okay, THATS great you are not injured!
 
Just because he contested the ticket and was able to get off on that doesn't mean that his insurance company will not cover the cost of your car repairs. He is still at fault in the accident since he rear ended you (at least in NJ the person who hits you from behind is always at fault) and his insurance company should still cover the repairs.

The ticket and the insurance claim are two different issues.

That's the same thing here in NC too.
 
OH, just wanted to add, as far as can he sue you
YES, he can, BUT that does not mean he has a valid claim! Nor does it mean you are "out in the wind" IF you receive ANY paperwork (i would not be speaking with the other driver at this point), you should immediately get it to YOUR carrier and they will handle it for you. He may TRY to claim that he wants to get his vehicle paid thru YOUR carrier, thats an issue between them and HIM not YOU and Him.
Hope you followed that...if you have ANY q's, CALL your broker or agent or your carrier DIRECT and they can tell you specifics....
Meanwhile, if it were me, I'd move right along and forget about it........
 
This is my story...a month ago I was rear end by another car and the driver was cited by the police.Well he contested the ticket and was found not guilty. His insurance has already paid to have my car fixed it was less than 800.00. Do I have to pay that back? Can he sue me or will I have to pay for his car. I'm so scared of what could happen. If Ihave to pay for my car I can live with that.

He may not have gotten a motor vehicle fine, but his car still damaged your car and so no, you do not have to pay that money back. He hit you. It was an accident. Not all accidents result in a motor vehicle violation.
 
I would image the insurance company will want the money back

His car hit her car, caused the damage and no, they will not expect the money back. In fact, I will bet they are relieved that there was no medical claim.
 
And if there is any issue going forward, turn the matter over to YOUR insurance company, who will be liable if you are charged, and have them deal with it. I'm guessing that the other insurance company knows that this is the likely outcome and won't bother to try to put any charges back because it would be a money-losing proposition.
 
I was rear ended last month and there were no charges filed. (He really just rolled into the back of me, very low impact- just an accident.

As others have said though, in Maine, the person in the back is automatically at fault in a rear end collision. His insurance is paying for my repair.
 
In illinois it all depends. Here it can be pro-rated based on who was at fault.

If you were going down the road and no one was ahead of you (that includes cars and pedestrians) you decide to jam on the breaks for no reason at all.

You caused the accident. the guy behind you was too close to avoid it.

Then the judgement could be something like 90/10 or whatever is decided.

In this case you pay 90% and he pays 10%.

All of this is hinged on what can be proved.

It is a little known law. It was discovered by the public when someone was irrated that someone was tailgating him, he hit his breaks and it appeared in the papers. (small town, everything gets in the paper)
 
The police citation has nothing to do with his insurance paying to repair your car. It is very common for a car accident to happen, and no citation is given, and the insurance company pays for the damage. You have no problem. If you are worried, call your insurance agent and ask him to clarify for you.
 
Just because he contested the ticket and was able to get off on that doesn't mean that his insurance company will not cover the cost of your car repairs. He is still at fault in the accident since he rear ended you (at least in NJ the person who hits you from behind is always at fault) and his insurance company should still cover the repairs.

The ticket and the insurance claim are two different issues.

Ditto. And believe me...if, for any reason, the insurance company thought it was not his fault they would have never paid you so fast.
 


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