Who is responsible for this car accident?

[mrsstats]

I am in the insurance field. This would be your husbands fault. I would just pay the $150. Dont get your insurance company involved for something so small. Also, make sure they sign something stating this takes care of the entire claim and that they are not claiming for any injuries.

 

[PrincessofQuiteAlot]

We had a friend that was driving on the interstate and an elderly man had a heart attack while driving and his car was stopped on the road. It was foggy and my friend ran into the back of the car and the man died (could have been from the heart attack or accident).

The man's family sued my friend for causing the accident?!! I would think my friend should have sued them for the car being stopped in the middle of the highway - what a mess it was. Finally got it settled, but I am constantly amazed at how people will take advantage of situations.

Please be sure to get a statement that they will let you off the hook once you pay.

 

[disneymom3]

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.

Actually in MN you are still at fault even if you are pushed into the car in front of you. My best friend had this happen and it made her really mad. She was already stopped at a red light and the car behind her didn't stop.

And I strongly agree with Macs4us--get it in writing!

 

[Southern4sure]

On the check you send, make sure you right on the memo:
Full reimbursement for auto repairs for (insert make & model). Once the check is cashed, they cannot come back later and ask for more money. The accepted the check with the memo.

Southern4sure

 

[bdcp]

Maryland will assign a percentage "fault". My DH was last car in of 5, but because the second car in caused the accident by swerving out and then back into the lane and hit the car in front of him who had a flat and just came to a stop on the interstate (real smart move) then the rest came in, he was only assigned a small percentage of blame and our insurance only had to pay a portion. Second car in was responsible for most and first car that stopped got ticketed and brought into court for stopping on an interstate when he really didn't have to. The main reason the second car was blamed was that he swerved out and then back into the lane and didnt' leave enough room to stop which was his responsibility. This was more than 15 years ago and I can't remember exactly what it cost us, but it was minimal increase in our insurance and of course everyone had trouble collecting from car #2 because his insurance co originally denied he had a policy. I think at least one person sued, but not us, but the driver that was charged.

Generally, the car who does the hitting, no matter what, is at least partially responsible. But, be careful what you say. Admitting guilt can get you in trouble. My DH was rearended on the DC beltway a few years ago and the driver jumped out and yelled, dont' you know everyone does 75 on the beltway (smart guy). Great, except they were both exiting and the exit ramp is notoriously slow and was backed up and could be seen with plenty of time to stop and the speed limit is 55.

As far as insurance goes, be careful, if you pay up without a release and then they decide to claim and sue you, you're out of luck for not reporting it. Your insurance company does not have to represent you then. Insurance companies usually have a limited amount of time they want you to report to them.

 

[Julia M]

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.

DH was hit by an uninsured, unlicensed driver. He then hit the car in front of him, from the impact. The driver behind dh was cited, and our uninsured motorist coverage paid our damages (Over 14K)

Now, the driver whom dh hit is trying to get money from our insurance. We've been told, emphatically, that since dh wasn't at fault, our insurance won't have to pay

Julia

 

[vickyBaby]

DH was hit by an uninsured, unlicensed driver. He then hit the car in front of him, from the impact. The driver behind dh was cited, and our uninsured motorist coverage paid our damages (Over 14K)

Now, the driver whom dh hit is trying to get money from our insurance. We've been told, emphatically, that since dh wasn't at fault, our insurance won't have to pay

Julia

In some states your husband would be considered at fault for hitting the car in front of him. He was stopped too close to the car in front (these aren't my rules, just stating what I know).

 

[MUFFYCAT]

It's definetly your fault when you hit a stalled car from behind. How can it be their fault , the car wasn't moving. You're suppose to look ahead of you.
What was he suppose to do? I think your lucky the guy said only $150.00, he could sue you.

 

[ericamanda01]

About a month ago I was rear ended and it totalled my car. The lady that hit me was so worried that I would sue her for injuries. I am not one to sue anyone, let alone this poor woman. She had insurance and we got it all taken care of. But make sure you protect yourself from furture problems with this driver. I would just send them a cashiers check with the memo that others here have been talking about.

 

[Lewisc]

Your husband hit someone from behind, he said he would pay for damages, he didn't send a check and a month later you're asking who's at fault?

The other driver is being very kind. I would have long since put a claim against your insurance.

Your husband was at fault in the accident, wrong for not paying when he said he would and you're wrong for trying to figure out a way to partially blame the driver stopped car.

I've read that a stopped car might be partially to blame if he stops, for no reason, on a road that has a minimum speed. This clearly isn't the case here.

I agree with the other posters, get some type of release so they don't claim whiplash injuries later.

 

[mrskay9]

wow, tough crowd today. First let me say, that I'm sorry this all happened to you. And I wanted to say that I understand your questioning--$150 would hurt my bank account too. Before I spent $150 I would want to know for sure. Yeah maybe a month is a little long, but geez give the op a break.

 

[Lewisc]

wow, tough crowd today. First let me say, that I'm sorry this all happened to you. And I wanted to say that I understand your questioning--$150 would hurt my bank account too. Before I spent $150 I would want to know for sure. Yeah maybe a month is a little long, but geez give the op a break.

Reverse the parties. Someone runs into your car, tells you they'll send you a check and a month later they're trying to say you're partially at fault and haven't sent a check. Perhaps you're waiting to fix a taillight. If it happened to me I'd wait days not weeks before I'd put in a claim against the drivers insurance. If OP can't afford the $150 make an insurance claim. Many companies won't surcharge your rates for your first claim if it's under a threshold ($500-$600).

I guess the reason some of us are tough is the husband admitted blame, said he'd send a check and didn't follow through. The fact that blame in this case is clear only makes the situation worse.

 

[poohj80]

If you hit someone from behind, you are at fault

I am sorry this happened to your family as well Frannn, but I must say I never knew this was the law in most states (or so it seems from reading this thread). This makes me wonder if this is the reason there are so many planned/staged whiplash/rear end accidents in big cities (has happened to a friend twice in Atlanta) where someone pulls in front of you or purposely cuts you off then slams on their breaks so you hit them.

 

[hambirg]

Definetly pay the $150 and MOST definetly get a release. They could come back in a year and say there back is messed up, they can't work, yada, yada, yada. It would be a very expensive lesson. Good Luck

 

[Lewisc]

I am sorry this happened to your family as well Frannn, but I must say I never knew this was the law in most states (or so it seems from reading this thread). This makes me wonder if this is the reason there are so many planned/staged whiplash/rear end accidents in big cities (has happened to a friend twice in Atlanta) where someone pulls in front of you or purposely cuts you off then slams on their breaks so you hit them.

Yes, in fact some of the people staging the accidents will back into you. You can say the person backed into you but people won't believe you.

 

[Belle0101]

Just a heads up from when I was in the banking industry (SAHM now). We were taught that anything written in the "memo" area of a check is not legally binding to the person receiving the check.

Like a previous poster stated, you need to write the purpose, release and/or statement in the emdorsement area of the check. I do this for all important checks and also initial it.


Good luck to you, I hope you can get it all worked soon.

 

[frannn]

I was just asking the question- I wasn't in the car when the incident ocurred, so I don't even know all the details-just wanted to know who's at fault. DH offered to pay, and I just found out he hadn't when the other driver's wife called me yesterday. I called DH at work and then got right back to the woman. I am not trying to get out of anything- DH had some issue as to the type of payment and where to send it. No crime in wanting to know the law. I just hope DH remembers to write the disclaimer on the payment. Thanks for all your thoughts.

 

[denisenh]

Would it be possible to have an attorney help you out? I guess thats what I would do.

DH, me and DD were stopped at a red light behind a stopped car and that person backed up into us. No damage occured, nothing happened. But we exchanged info. DH and I recieved checks in excess of $1000 for nothing (from State Farm) we even tried to refuse them because we had no damages but the agent wouldn't let us give them back. So, in NH anyway, being backed into is not the same as driving forward into someone else.
I always wondered if it was because I was prego at the time and that worried the insurer?

I was also stopped behind a car who was waiting to merge into highway traffic at the bottom of an exit ramp. Can you imagine my fear as I watched a car behind me ecelerate down the ramp and smash right into my car?
My car was then pushed into the car in front of me. It was sandwiched and totalled. It wasn't my fault that I hit the car (range rover) in front of me and I wasn't blamed.

 

[lemondog]

DH and I recieved checks in excess of $1000 for nothing (from State Farm) we even tried to refuse them because we had no damages but the agent wouldn't let us give them back.

Funny you mention that. DH was rear-ended this past August. He was sandwiched in the middle, so he had damage to both front and rear of his car, and it was ultimately totaled by the insurance company. He was also taken to the hospital as a precaution, but he was not injured thank goodness. Anyway, the guy who hit him had State Farm Insurance. They not only paid us handsomely for the car, and paid all the medical bills, but a few months after the wreck we received in excess of $2500 in "damages" -- above and beyond the $ they paid us for the car and the medical bills. DH called them about it, and like your experience we were told not to give it back. We never even asked for this money, so it was definitely a wonderful Christmas surprise! Point being -- if you're going to get hit, get hit by someone with State Farm, hehe.

 

[denisenh]

received in excess of $2500 in "damages" -- above and beyond the $ they paid us for the car and the medical bills. DH called them about it, and like your experience we were told not to give it back. We never even asked for this money, so

hmmm...I wonder whats up with that? weird.