Car Accident - who's at fault?

loving30

hi there, i work in insurance claims in australia.

firstly, vehicle repairs are ALWAYS more expensive than what people who have no knowledge of panel beating think. this is why insurance exists - car damage repairs are not cheap!

a 'little scratch on the bumper' normally means that the bumper clips underneath the bumper that hold it on are broken - you cannot see this unless you actually take the bumper off. this would explain why her bumper is hanging off and would likely be on the quote for repairs. when this type of damage gets repaired, sometimes, lights and electrical (if part of the bumper) need to be disassembled and re-assembled, meaning labour costs go up.

if you have hit someone from behind - regardless of while merging or while you she is stopped - you are at fault. this is in the australian road rules. you need to be driving at a 'safe' distance behind someone to avoid an accident occuring.

if SHE has insurance, ask her nicely to go through her own insurer and tell her you'll be happy to deal with them. quite often the repair costs go DOWN as the insurer has standard rates that they use, which are cheaper than private rates. her assessor will check the damages over to make sure that the description of the accident 'fits' the damages and will check the quote over to make sure the repairer isn't trying to rip anyone off.

you can then sort out a payment plan with her insurer.

do yourself a favour and get 'third party property damage' insurance on your car. it's the cheapest type of car insurance and would have helped you out in this situation.

theONE

Even though she probably caused the accident, you will be at fault. I've never seen a rear-end accident where the one being rear-ended was faulted.

Dream Maker <3

You are at fault. You can always prevent rear end accidents. I would have taken a photo of the damage before you drove away, but since she left you are not liable.

If you need to talk to the DMV, here is the address:
http://www.dmv.org/

Floyd B

Sadly you are a fault. At all times you should leave room so that you can stop in time. If not then you a tailgating.

nite_angelica

You are at fault. If you didn't have time to brake, you were following too closely.

Any time you rear-end a car it's your fault.

Luna & Lawnboy

You are at fault for rearending her stopped car. She stopped to yield the right of way to the other vehicles who were already established in the road way. That is what you are suppose to do.

Also, if you were both traveling 50 km/h, and you were only a "few feet" behind her, then you most certainly were following to closely. Your braking distance was 125 feet and you total stopping distance would be 175 feet(in dry pavement). Keep in mind that you are to stay at least one car length behind the other vehicle for every 10 mph. In your case, you should have been at least five car lengths behind.

wizebloke

you are at fault (you always have to be driving at a safe distance to stop in case of emergencies)
... but she may have been hit a dozen times and claimed money from each driver behind her.

brightnbewildered

Sorry, you're at fault. You have to be prepared for the person in front of you to stop unexpectedly.

I assume you're trying to avoid going through your insurance company to save yourself some money? In that case, $900 is a bargain to make it go away.

Try using your slick negotiation skills - "Hey, you signed something saying there wasn't damage, how bout we settle this for the $400 I offered you?"

adjuster

i would find you at fault for following too close. what did she brake for?

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