Question:
What do you think will happen from my car accident.?
It was raining pretty good on Interstate 35 Thursday night and I lost control of my car and hydroplaned while going around 60 mph in Waco, Tx. The guy 2 lanes over and a few car lengths back sees me lose control and applys breaks. I steer into the skid; however, I am unable to recover and once sufficient velocity was lost I wheeled into the inside concrete barrier with my left front. This impact gave me a sore lip from the airbag but was otherwise very small with extensive damage to the first few inches of my front engine compartment; however, this did not turn off my engine. I then spin 90 degrees to my right so Im facing forward and to the right shoulder while located in the left shoulder/lane. The prior mentioned guy fails to stop in time and impacts my back right corner a second after I come to a halt. He was driving a large rental van and the impact stressed the back left tire and bent the axel. Needless to say Im obviously responsible for the damage to the front of the car, but I do not believe this damage to be extensive enough to warrent “totaling” the car, but this is for th insurance addjuster to decide. The damage to the back axel is another issue. If this damage is enough to make the car not worth repairing, is the other driver responsible for hitting me? On another note I got a ticket for unsafe speed….even though I was going slower than everyone else. 60ish when they were flying by at 75+ and me dropping to 55 when Large trucks sent blinding spary into my forward vision. The other guy was going the same speed..ish I dont have proof other than his word and slammed into the back of my car but didnt get a ticket. Does the officer have an airtight case as he wasnt present? Who is responsible for the damage to the back of my car and the rear axel? And if you were wondering I was not using cruise control and no serious injurys..his airbags never deployed.
Edit : I was always under the impression that you were always at fault if you failed to avoid hitting someone from behind. The assumption is that you should always be prepared to avoid a collision with anyone infront of you. You can’t hold a person in front responsible for what the guy behind him does. In this case I wrecked and he failed to avoid me causing further damage and risk to both partys. Im not saying Im blameless for my wrecking my car; however, I thought he held blame for running into me.
PS : And before you say “But you cant expect him to stop in time”. Yes you can just like Im getting a ticket because they expected me to drive slower for the conditions he should have driven slower for the same reason. Hmmm Ill find out from the insurance rep in the morning. Ill post what he/she tells me.
Well my insurance is filing a claim against his vehicle. Law and insurance fault are apparently two different things. With insurance claims if you hit someone with the front of your vehicle its usually your fault for failing to avoid an accident. Sucks for that guy but it was a rental anyway. I have to pay for the damage to the front of my car with actually isnt that bad. 1,500 estimate for the front end 1,100 for the airbags and 1,500 for the back end. Almost total’d 65% of the vehicles worth is considered a lost cause as that is the salvage value they use.
Answer by Howard L
Just a guess but I suspect he won’t be found at fault because there was no way he could have anticipated your car would bounce off of the median barrier and cross several traffic lanes to end up on the shoulder. Although it wasn’t intentional it was you that performed an improper lane change.
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Seeing as you were cited for driving at unsafe speed, they see this as your fault. Your insurance company will be responsible for the damage to your car and his van as well.
You probably should talk to an attorney or legal aid office, before talking to your insurance company. The attorney or legal aid will let you know what to say and how to handle this. Also your insurance company should take care of everything with the cars and supply you with a rental car if that is part of your insurance policy. But the attorney/legal aid will help you with the ticket part.
It doesn’t take much anymore to total a car. You didn’t say if this was a new car or a few years old. Look at what others are selling your type car for today. See what it costs to fix the car and if the two figures are close within 10 to 20% below car value to get it fixed, then it is a write off.
Sorry this happened to you, hope you aren’t hurt in any way. Good luck with the insurance company and ticket.
For this and for any accident, the involved insurance companies will determine “fault” to see which company is liable to pay for repairs, liability, etc. based on the police report, wittiness accounts and drivers statements. It does no good to ask here on Y/A “who’s at fault”. Our opinion, your opinion, even a cops opinion does not count. Your insurance company will let you know who they find at “fault” soon.