I got rear ended in an accident

by Shondrell Mccullough » Sun Nov 16, 2008 10:54 am

I got rear ended in an accident with no insurance the other parties insurance won't pay for my car repairs what do I do.

Total Comments: 55

Posted: Sun Jun 27, 2010 12:32 pm Post Subject:

Your friend is an idiot. The driver that hit you will be at-fault. However, you may live in a state that may mandate a percentage of contributing circumstances to you. Quite possibly, you parking your car in the middle of the road may be some what responsible, but over all the larger pecentage of the blame will be on the other driver.

Posted: Sun Jun 27, 2010 08:11 pm Post Subject:

contributing circumstance


as described above is not contributory negligence, but COMPARATIVE NEGLIGENCE. Under the theory of contibutory negligence, a party just 1% at fault cannot recover their damages.

Posted: Tue Jan 11, 2011 12:35 am Post Subject: Rear ended

My family recently got rearended on the freeway and our insurance had just lapsed.....We were stopped in traffic on the freeway due to another accident....and the person that hit us was busy looking at the other accident and ran into us going about 35-45 miles per hour. She admitted to California Highway patrol that she wasn't paying attention to the road. Even though our insurance lapsed is she still responsible for the damages to our car and also personal body damage?

Posted: Tue Jan 11, 2011 03:59 am Post Subject:

CA is no pay, no play. So you are only entitled to economic losses. That is, the damage to your vehicle and your actual medical bills. No pain and suffering.

That is see my sig... you just revved a 6 month old thread.

Posted: Tue Jan 11, 2011 03:59 pm Post Subject:

so they WILL pay for the car to be repaired? Just to be clear.....
Thanks
(about the thread.....sorry didn't know how this worked :/)

Posted: Tue Jan 11, 2011 05:34 pm Post Subject:

Your property damage (vehicle repairs) and medical claims will be paid by insurance up to the at fault party's policy limits. But as tcope has stated, your claims for "pain and suffering" were lost the moment your own insurance lapsed. At that same moment, your vehicle was subject to being impounded by any law enforcement officer in CA. Good thing the CHP officer chose not to do that, right?

Posted: Tue Jan 11, 2011 07:36 pm Post Subject:

The insurance info. I had in the car showed the policy was effective up until march of this year. I don't believe the CHP ran the information, which was YES, lucky....I did call that morning immediately following our visit to the ER after the accident and made my payment. (It was 10 days late) Of course with my luck the accident happens the day I was going to originally make payment :/

Posted: Thu Jan 13, 2011 03:46 pm Post Subject:

I did call that morning immediately following our visit to the ER after the accident and made my payment. (It was 10 days late)



If it was only ten days past the actual due date, then you have no problem, since auto insurance in California comes with a 20 day grace period. But if you were past the end of the grace period, then your insurance was reinstated at the time of your call and you were uninsured at the time of the accident.

Posted: Mon Sep 05, 2011 10:54 am Post Subject:

If you did something that ruin anybody's property under your liability then you will get charges.

Posted: Thu Oct 27, 2011 03:33 am Post Subject: Rear end Collison

I was driving 40mph in a 45 and proceeded through a green light. I noticed the car in front of me approx 5-6 car lengths was not moving. It had no brake lights/emergency lights on. I slammed on my breaks and my breaks locked unable to avoid a rear end collison. I didnt receive a ticket nor did the other party. They said they just hit a deer. But the deer wasnt in front of the car so they could of pulled out of traffics way. The officer report stated they were coming to a stop. Which was wrong they were completely stopped. the officer didnt ask me what happened. Now they are stating there is bodily injury. My car was totalled and I also have bodily injury. but their insurance states Im at fault because I rear ended her. How is this possible?

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