Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Insurance & Registration

Car accident - car hit from behind. driver that hit me blames me?
Find answers to your legal question.





Car accident - car hit from behind. driver that hit me blames me?

I was traveling down a road and was slowing down to turn into a turning lane and another car hit my car from behind. He has told his insurance company that i cut him off when i didnt. What happends here? who do they believe? i have someone who was in the car with me can they prove that i am right and i did not cut him off?


    




thezaylady
Even if you did cut him off, people are supposed to stay alert enough not to rear-end anyone.


Just Me
They know there wrong so there trying to pin the blame on you.


Metal
Did you file a police report? It is always the other persons fault if they hit you in the rear.

If you didn't I would call his insurance agency and yours and get them to access the damage. If you cut him off you would have messed up the side of his car.

I hope you get this taken care of.


la428282
Rating
Ok.. please take everyones advice with a grain of salt b/c im seeing ALOT of wrong answers. As a claims adjuster let me tell you what is going to happen..

Generally if they hit you smack in the middle of the back.. regardless if their insured told them you switched lanes.. they will pay out. It may take a little time for them to investigate but they will.

now, if your damage is to one side (say your left side) then it will be word vs word and the damage will support their facts of loss.

But it is DEFINATELY an insurance companies job to protect their insured and if they have no evidence to PROVE They are at fault.. they obviously wont pay out.


Fred C
Rating
If you cut him off, there would likely be an angle to the damage that any insurance investigator would spot. It is going to be pretty tough for him to prove you did that. It sounds like he wasn't paying attention, and is trying to cast blame as fast as he can.


xXCZRXx
Rating
did you get a police report that would have helped


sk33t3r
The guy in back of you did not have controls of his car. He hit you. It's his fault.

It is the responsibility of the guy in back to be aware of what's going on in front of him. He was probably on his cell phone.


Sheikh Mustafa El Bundy
Rating
If u are hit from behind (rear-ended) the the person who did the rear-ending is at fault.
If u "cut him/her off" there would be paint evidence to prove that u did,ring yr insurer to get pictures of the damage to his/her car.
Good luck.


Hello
That's why people file police report in accidents like that so you can immediately file away what happened. If the impact is squarely at the rear of your car you'll have stronger case since if you did cut him off the impact would most likely be at the rear corner.


Doctor J
Rating
Hi Dan. In most states, the presumption when a car is 'rear-ended' is that the party doing the rear-ending is at fault. I would expect the burden is on the other driver to prove that you are at fault (and not him).

You should be discussing these issues with your insurance company.

Best wishes and good luck.


Sophiesmom
Its the car that hit you fault...


stewiegriffin4president
Rating
Did you signal? Did you call the cops and file a police report? A report helps GREATLY in situations like this.

If the damage is to the rear of your car only, it is likely the other driver's insurance will pay for your damages and consider him/her at fault. However, if the damage is to the side of your vehicle or at some other angle other than strictly rear damage, you will likely have to endure a drawn out process as the insurance company investigates.

If the other company straight up denies your claim, file with your insurance and ask that they investigate. They may be able to subrogate against the other party.

In most cases that *I* have seen like this where our insured has hit someone else in the rear, we ended up paying the claim. But then again, not all insurance companies are as fair as the one I work for.

Good luck. Hope you have lots of patience!!


darklydrawl
Provided your brake lights are operational at the time of impact and you did not have the vehicle in reverse it is mostly the other driver's fault if they rear ended you.


mrdavidc1974
my sis was rear ended once and ticketed she fought it and lost..the judge told her she had to give the other driver reasonable time to react


Jim C
If he hit you behind the door it does not matter what he says it is his fault.


matthew m
Yes, the person who is hit from behind is in the right. The only time you would be at fault is if it was an emergency vehicle. Dont worry im sure you'll be o.k, unless you dont have insurance and that is the only other reason you would have trouble.


TrayLuvsJay
Rating
I hope u filed a police report. He hit u from behind, so it's his fault.


bundysmom
Were you changing lanes when this happened? I'm assuming you did since you say you were slowing down to turn into a turning lane. If you were changing lanes when this happened, sorry, you're at fault. You made an unsafe lane change. However, if you can prove he was somewhere he wasn't supposed to be, for example, traveling more than 100ft in a suicide lane that turns into a left turn lane, then he's partially to blame.

If you were NOT making a lane change & were rear ended, he's at fault.


eldoradodave
If you hit a car in the rear it is your fault. If you back out of a street or driveway into a car it is your fault. A car in reverse is at fault and if someone slams you from the rear while your car is in a forward motion or gear , it is the one who rearends you is at faullt. Besides if you are turning left and a car is passing on the left and hits you it is their fault


River Girl
Rating
Anytime someone hits you from behind, it is their fault.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 I'm 16 and i was wondering if i get a new 2007 Mercedes how much would my insurance be?
Is there a website?
Additional Details
They could pay for my insurence but they want to show me responsability.

I am spoiled and i dont have any problem with it. I just got a ...


 If I am insured on one car, could I drive another car without breaking the law?
I was thinking of getting 3rd party insurance on a cheap car, and driving my parents Mercedes, which has fully comprehensive insureance. I'm not bothered about weather it covers the costs if I ...


 Is £1296 a reasonable car insurance quote for a mk3 vw golf 1.4?
i'm 18 by the way and just started driving. with no, no claims....


 What do teenagers usually do if they have $7000?
...


 Cheapcar insurance?
...


 CLAIMING INSURANCE ON CAR WHICH PROBABLY WRITE-OFF, but have no valid MOT certificate and got a producer?
My mate had a car crash where the fault was the other parties (he has witnesses) but the other driver may dispute this. However it now transpires that his MOT is expired as he booked it in for a ...


 What happens if I drive without a license in Georgia?
I lost my license (out of my possession, not suspended or revoked). I recently applied for a new license online, but I need to drive before it arrives in the mail. What would happen if I get pulled ...


 Second offence for driving without insurance.?
My brother was caught recently driving without insurance.The car he was driving was not his and the owner of the car had told him that he had included him on his insurance which however turned to be ...


 Car Accident Liability?
Last weekend me and my sister in law was involved in an accident and I do not know who is too blame. She immediatly pointed the finger at me, and I would like some advice please!

Here'...


 I just crashed my brand new EVO 9 and dont have insurance?
How can I claims this of the governmenting party?
Additional Details
no because the police chased the car, nervous i got and drove into a wall

governments fault is not??...


 What happens for no insurance no tax and no MOT?
i baught a new car i was driving it home when i got pulled by the police. i had to drive the car with no tx no MOT and no insurance to get it home. This is my first offence will i get banned for this?...


 I have full coverage on my car insurance..i accidently dented my car and broke the window my self what i do?
i have full coverage on my car insurance ,,i accidently broke the driver side window and dented the door my self,,what should i do? tell the insurance that somebody else did it and have them fix it?.....


 I bumped into a another car due to rain and slippery roads, by law it is my fault but, she brake infront of me
now she phone me and tell me that she must pay R1000 and something for her insurance to fix her car. Must I pay it because she's asking it from me now.
Please help me out on that....


 I was ejected from a taxi!?
was recently travelling home from a night out with my two mates in a taxi.

I was very drunk and started being abusive to the driver I admit that.

The driver asked me to leave ...


 I GOT IN A CAR ACCIDENT TODAY AND HAD NO INSURANCE CAN I GET INSURANCE ASAP AND BE OK?
I WANTED TO KNOW IF IT WAS OKAY IT WAS NOT MY FAULT...CAN SOME ONE PLEACE HELP ME WITH SOME ANWSERS THANK ALOT...


 I turn 16 tomorrow, I get my license, what was it it like when any of you tunred 16?
Wish me happy birthday,
and what was it like when you turned 16....


 Car Crash?
I went into the back of someone, is it totally my fault, even tho she slammed her breaks on? It was the slightest bump that cracked the bumper. The women then tried to get the passenger in her car to ...


 My neighbour reversed into my car!?
She has offered to pay for the damage rather then go through insurance people, firstly why do you think she chose this way and is it a good idea for me?...


 Do you need insurance to drive on an industrial estate as a learner driver?
If you are driving somebody else's car in an industrial estate do you need to be insured on their car? Or is it classed as private land?...


 Car Insurance - Accident (Please Advise)?
Today an OAP came driving down a one-way carpark (trying to get my car parking space).
In the process, she attempted to drive along the side of my car to get to the space, and scraped the side ...




Copyright (c) 2009-2013 Wiki Law 3k Tuesday, October 21, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.024