by Guest » Thu Sep 17, 2009 03:42 pm
My question involves a traffic accident in the State of: Texas
It had rained here (Dallas, TX) for almost two days and last night it was drizzling. I and my wife were traveling on Westbound on 635 freeway last night about 10:20 PM.
[A side but related note]: I saw a vehicle (Buick) off on the shoulder. This vehicle had gotten into a collision with another vehicle (Honda). Apparently the Honda had hydro platted, spun around and hit the Buick. They pulled over to the shoulder but the driver of Honda flees the scene. All of this took place a min before I arrived.
A third vehicle's (Chevy Lumina) driver witnessed the accident and decided (either she got nervous or curious) to stop on the center lane of the highway. Traffic in front of her was clear and there was no blockage to which she had responded by stopping/parking her car in the middle of the freeway. In addition this car was not hit by any of the previously mentioned cars (Honda or Buick) which got into the accident. So, here I'm driving in the center lane and approaching this Chevy which didn't have any break lights on or had any flashers on. I couldn't see the car until I was about 100 feet away. I slammed brake as hard as I could; tried to swirl around (but that was a no-go), my vehicle skidded a bit and struck the back on the Chevy Lumina. The front of my car is pretty much caved in and back of the Chevy Lumina only suffered minor bumper displacement (about two finger widths wide). The driver of Chevy started driving as soon as I struck her. I panicked... thought they were fleeing the scene (has had happened to me couple of times before). I restarted my car and tried to pull her over to the shoulder.
I got out of my car and approached the driver and asked "are you okay?" The young lady (16 – 17 yrs old) was crying and responded I'm sorry I meant to have my flashers on but there were cars hydro platting and spinning and hit each other I got nervous and stopped--I didn't knew what to do. I called police and they assisted her from that point on. My car had to be towed from the scene and driver of Chevy Lumina and her parents (arrived later at the scene) drove off.
I need y'alls help here. I have heard the driver of the rear-ending vehicle is always at fault. I was also told about this by the officer. I also have a feeling that story changed a bit because the officer denied the fact that her vehicle was stopped on the freeway and showed no empathy or care to hear my statement. He was under impression that I was following her all along and the Chevy had to brake to avoid the accident and I failed to stop my car. No citation were issued to anybody. Are the insurance companies going to view this as my fault? I know I struck her but I couldn't see her car at all—it was not visible from a reasonable stopping distance, there were no flashers, break lights what-so-ever. Also taking into equation why was the driver stopped in the middle of the freeway when there was no traffic ahead of her and her vehicle was not involved in an accident. The ‘rear-ender at fault’ traffic rule seems a little harsh in this situation and I don’t know how to prove that I’m not at fault.
Hopeless in Dallas.
It had rained here (Dallas, TX) for almost two days and last night it was drizzling. I and my wife were traveling on Westbound on 635 freeway last night about 10:20 PM.
[A side but related note]: I saw a vehicle (Buick) off on the shoulder. This vehicle had gotten into a collision with another vehicle (Honda). Apparently the Honda had hydro platted, spun around and hit the Buick. They pulled over to the shoulder but the driver of Honda flees the scene. All of this took place a min before I arrived.
A third vehicle's (Chevy Lumina) driver witnessed the accident and decided (either she got nervous or curious) to stop on the center lane of the highway. Traffic in front of her was clear and there was no blockage to which she had responded by stopping/parking her car in the middle of the freeway. In addition this car was not hit by any of the previously mentioned cars (Honda or Buick) which got into the accident. So, here I'm driving in the center lane and approaching this Chevy which didn't have any break lights on or had any flashers on. I couldn't see the car until I was about 100 feet away. I slammed brake as hard as I could; tried to swirl around (but that was a no-go), my vehicle skidded a bit and struck the back on the Chevy Lumina. The front of my car is pretty much caved in and back of the Chevy Lumina only suffered minor bumper displacement (about two finger widths wide). The driver of Chevy started driving as soon as I struck her. I panicked... thought they were fleeing the scene (has had happened to me couple of times before). I restarted my car and tried to pull her over to the shoulder.
I got out of my car and approached the driver and asked "are you okay?" The young lady (16 – 17 yrs old) was crying and responded I'm sorry I meant to have my flashers on but there were cars hydro platting and spinning and hit each other I got nervous and stopped--I didn't knew what to do. I called police and they assisted her from that point on. My car had to be towed from the scene and driver of Chevy Lumina and her parents (arrived later at the scene) drove off.
I need y'alls help here. I have heard the driver of the rear-ending vehicle is always at fault. I was also told about this by the officer. I also have a feeling that story changed a bit because the officer denied the fact that her vehicle was stopped on the freeway and showed no empathy or care to hear my statement. He was under impression that I was following her all along and the Chevy had to brake to avoid the accident and I failed to stop my car. No citation were issued to anybody. Are the insurance companies going to view this as my fault? I know I struck her but I couldn't see her car at all—it was not visible from a reasonable stopping distance, there were no flashers, break lights what-so-ever. Also taking into equation why was the driver stopped in the middle of the freeway when there was no traffic ahead of her and her vehicle was not involved in an accident. The ‘rear-ender at fault’ traffic rule seems a little harsh in this situation and I don’t know how to prove that I’m not at fault.
Hopeless in Dallas.
Posted: Thu Sep 17, 2009 04:07 pm Post Subject:
As you describe it I'd say there is negligence on both parties, with most going against the other vehicle. If she states that she was driving along at a safe speed and you rear ended her then there is a conflict in each person's story and each carrier will need to weight the information available and make a liability determination on their own. Your carrier will probably take your side and accept either 0% liability or a small amount. The other carrier will probably take their insured's side and look for 100% payment. The two carriers will need to settle the loss amongst themselves. How your carrier would "code" this (at fault or not at fault) can only be explained by them.
Posted: Fri Sep 18, 2009 01:56 pm Post Subject:
I just spoke to my carrier's adjuster. He was unable to get statement of the other driver because her attorney is not allowing it. The police report is available and of course, as expected it's favoring the other party.
He had recorded my wife's (passanger at the time) statement which backs up my statement. He said based on what he has on hand I'm at 100% fault because I read ended someone and because of what polic report says. I did tell him that police wasn't there when accident happened they simply wrote what the other told them without listening to my statement at the time of accident. He is still not convinced.
What should I do?
Posted: Fri Sep 18, 2009 02:16 pm Post Subject:
Not a whole lot you can do. Your carrier has the ability to settle claims as they see fit. The can pay the other person's claim if they want to. What you need to consider is not what happen, rather what can be shown in court. There will be your statement, that the other person just stopped in the road. This sounds odd as people usually just don't stop... for an accident that they already passed. Then they will have the statement from the other person as well as the police report. Even if your statement held some weight, you'd still have some degree of negligence against you.
You _might_ be able to kick this up higher within you own insurance company and get them to not consider this accident when determining what your renewal rates will be... but I'm not sure they won't count it against you.
Posted: Fri Sep 18, 2009 02:30 pm Post Subject:
"What you need to consider is not what happen, rather what can be shown in court." -- are you saying I need to go to a court?
Insurance company is Geico; I don't know how lenient they will be with this accident as far as renewal rates are concerned. I'm guessing if they are holding me 100% at fault... not much. Does anyone know much rates go up for such accidents? We had only on one other accident before this.
Can I take this to small matters court? Do I have a strong case? Or do you recommend leaving it alone and moving on?
Thanks all for all the help so far!
Posted: Fri Sep 18, 2009 02:33 pm Post Subject:
are you saying I need to go to a court?
No... but if the other person has an attorney they she is most likely claiming an injury. Your carrier needs to consider how a court would look at the case as they is where it could end up if they deny liability.Or do you recommend leaving it alone and moving on?
From seeing this happen about a hundred times, I'd say leave it alone.Posted: Tue Sep 22, 2009 06:48 pm Post Subject:
Thanks for all the help so far.
The adjuster came back with the repair estimate for the car. He said, based on his visual inspection there is about $5,121.94 worth of damage, the actual cost to repair could (and would) be higher.
They have declared it total loss. Is there a way for me to prevent it from being declared total loss? I'd rather have a dependable car (I'm the first and only owner of the car and I have maintained it very well) then go shop for a new used car and get into payments again.
They are offering me appx. $6,1000 (they keep the car) for it. Is this a good deal? Can anyone in community who is an appraiser or adjuster please help? The vehicle details are below:
2001 Honda Accord Value Package / 4dr Sedan
Miles: 82,000
Color: Dark Green
Location: Dallas, TX
No prior accidents or damages
Interior, Exterior, and Mechanical in excellent condition.
If you need information please let me know. Thanks in advance.
Posted: Tue Sep 22, 2009 08:06 pm Post Subject:
Is there a way for me to prevent it from being declared total loss? I'd rather have a dependable car (I'm the first and only owner of the car and I have maintained it very well) then go shop for a new used car and get into payments again.
Not when the repair cost is 100% or more then the value as it is in this case. I'm guessing the $6100 includes taxes and other charges. I'm sure there would be supplement that would put the repair cost at 100% of the value.You can keep the vehicle but they will deduct the salvage value from their offer and only pay that amount. If the damages are such that you could make minor repairs and still drive the vehicle then this might be worth it.
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