Who is responsible for this car accident?

[frannn]

DH was driving to work at about 5 am on the parkway, and hit a car from behind that was stalled. DH, being the good guy he is, offered to compensate the guy whose car he hit. Apparently the car was a '91, and the repairs will be 150. I'm figuring that if the car was stalled, the other driver should take some of the blame. The other driver's wife just called as she hasn't received our check yet. She says that her husband's car was off to the shoulder and had his hazard lights on, and her husband and his friend both were witness to DH admitting blame. If she doesn't get the check, she will go to insurance or her lawyer. This was probably almost a month ago. Is it our fault, and since the other driver is just asking for a small amt, just pay? I don't want our insurance to go up or anything.

 

[aka-mad4themouse]

I know that in PA, if you hit someone directly from behind, regardless of whether they were stalled, pulled off to the side of the road or just failed to signal a turn before stopping, you are completely at fault. For such a small amount of money, I would just settle it with the owner. Compared to the increase in your insurance premiums and/or legal fees that you might incur, $150 is a drop in the bucket.

 

[robinb]

If your DH said he would pay, why haven't you sent the check?

 

[steverog]

If your husband offered to pay, he should you are only as good as your word. Was it dark could he not see the car? I would rather give someone $150 than have them call my insurance company. Because they would probably end up paying more.

Steve

 

[frannn]

so I am assuming he hasn't sent it yet. I will speak to DH and call the wife back. If the check hasn't been sent, I will send it myself. I just wanted to make sure he was at fault (plus I hate seeing that 150 fly out the window when it could have gone towards bills).

 

[Mary Ellen]

We learned the hard way that in Oregon (1981) if you hit someone from behind you are completely at fault. Period.

 

[The Disney Bunch]

If you hit someone from behind, you are at fault so pay up - $150 is not that much & not worth the aggravation.

 

[lemondog]

In our state as well if you hit someone from behind, it is your fault. Besides, if the guy's car stalled, he couldn't really control that. I fail to see how he could be to blame at all in this, even if he was smack dab in the middle of the road. If your car stalls, you can't exactly *will* it to move off the side of the road, KWIM? If your DH offered to pay, then you really need to do the right thing and pay.

 

[Donnask8pro]

The law states "You must have control of your car at all times" If you hit someone regardless of the situation, you are at fault. Sorry

 

[macs4us]

You need to make sure this releases you from any further claims regarding this accident. That is what insurance companies do when you settle your claim. I would really recommend this as the injured party is saying it has a witness to statements of fault - you just want to make sure you are covered.

 

[highland3]

Sad but true. A driver must always be attentive to the road ahead, whether it's a street or the freeway. In some states or provinces, a crash like this could have led to a charge of Careless Driving.

 

[HookedOnDiz]

Your husband is at fault - but he cetainly was not careless - in NJ "careless driving" is defined as operating your vehicle in a manner that is likely to damage the property of another or injure someone. Merely hitting a stalled car because you couldn't stop in time does not constitute careless driving. He's still at fault, but its not careless - that's why they call 'em accidents.

 

[jennifer293]

I had the same thing happen to me 9 years ago in NC. I hit a car that was stopped in the middle of the road, it was raining and I slid into the back of her. At the time I was driving a brand new Dodge Dakota truck and she was in a old beat up Chrysler Lebaron convertible. Ok so I slammed into her and messed my truck up pretty bad and crushed the whole back of her car. Cops got there gave me a 65.00 ticket for failure to yield. Of course I had full coverage insurance and she of course had NONE..We filed it, and in the end my insurance bought her another car..the damage to my truck was over 4K, and I got 3 points against my license and my insurance went from 400.00 every 6 mths to 1200 every 6 mths...So I say pay the 150.00 and call it even or you could get stuck paying another bill for the next 3 years of your life like I did !!! Man that was the worst 3 years of my life and to beat all it happened on April Fool's Day...Not too funny having a cop call DH at work telling him I just wrecked "his baby" he thought it was some sick joke...Poor guy!!

 

[veraletta]

If you hit someone from behind, you are at fault but the only time you arent at fault is ... My daughter stop before hitting a car that stopped in front of her, but the car behind her didnt stop, and he pushed her car into the car in front of her, so she didnt have to pay. The guy behind her had to pay for both cars. Hers and the one in front of her. As he told the police that he pushed her car into the other car because he didnt notice her car in time to stop.

 

[momsully]

Macs4us has a good point. I would definatly recommend a release of some type so the other driver does not come back looking for more money.

Yes you are at fall and insurance would consider that a preventable accident most likely resulting in an increase in premium.

 

[disneyeveryyear]

If you don't think the person would sign a full release, type one up on the back of the check.

"Endorsement of this check relieves "Tom Jones" from all liability related to damage of a 1991 ......" or something to this effect. I work for an attorney and we do this all the time - if you need exact wording, just PM me and I can send it to you tomorrow.

Then, when they endorse the check (which they have to do to cash it), they have provided the release, and you will have it in your possession (if you get check back from bank, or photocopy of back of check).

 

[robinb]

Man that was the worst 3 years of my life and to beat all it happened on April Fool's Day...Not too funny having a cop call DH at work telling him I just wrecked "his baby" he thought it was some sick joke...Poor guy!!

I feel your pain. My 99 SAAB Wagon was totalled by my friend last April Fool's Day. She called us to tell us the bad news while we were on vacation in Hawaii. Luckily, we were long-time customers with no chargable claims against us, so we were given a "freebie" by our insurance agency and our rates didn't go up.

 

[twojo21]

it depends which state you are in. i am an insurance agent in illinois, where if you rear end someone irregardless of why, you're at fault (maybe 51% but still at fault) which could result in a rate increase depending on your insurance company guidelines, the claim amount paid out & loss frequency. the average auto claim loss is 1 in 4.8 years. also very important, was any ticket/police report issued? if so this could still show on your motor vehicle record &/or affect your insurance premium & renewal.

now since you're considering paying out of pocket (common with small claims under $500 in damage) you need to write up a release form to protect yourself. you must state the amount paid to "john doe" for the above referenced damage, describe damages in detail (ie left rear fender) then write, by signing this release all parties are relieving any negligence or fault by bodily injury or property damages, both parties must then sign & date, with an additional witness signature to make this a legal & binding contract by illinois law. then both parties receive a copy of the said document. in illinois you can charge suit againest someone up to 5 years for accident damages without a release form & even then. so a simple check with your signature is not enough. protect yourself.

 

[2infinityandbeyond]

Getting a signed release is a must. However, be aware that a release for property damage will not stop the person who was hit from deciding down the road that they were injured and making a claim for injuries. If you get the feeling that the owner of the car is going to play the "ouch, now my neck hurts" game, turn the matter in to your insurance company right away.

 

[Nik's Mom]

Your husband is at fault. Sorry to say it. My Mother was stopped at a red light, and another car was stopped behind her. Some stupid drunk driver barreled into the car behind my Mom, and of course it got pushed into my Mom's car. My Mom was slightly injured and had to go through some physical therapy. Of course, the drunk took off. The driver who was initially hit was sighted as at fault for my Mom's damage. That to me doesn't seem fair. He was sitting at the light minding his own business. I guess since the insurance couldn't go after the hit and run drunk driver, they went after the guy who technically hit my Mom.