Rear Ended & The Other Partys Insurance Guy Wont Pay A D

by Guest » Wed Jan 06, 2010 05:09 pm
Guest

So this happened around 10ish PM in downtown richmond, virginia... We were in a left turn lane at a red light because the lane we were in turned into a turn only lane. there was no traffic behind us and the light was already red so we moved over to the next lane and were already stopped. moments after we hear tire screeching and we get rear ended pretty good by a young female in a car that wasnt even her own but she had insurance. Her skidmarks were like 50+ feet... we didnt even see her coming, we didnt see any headlights or anything behind us. The cop gave us both a ticket... we got a improper lane change ticket & i believe the driver of the other car got a speeding ticket.

we both have geico... the police didnt even write the policy number or anything so for almost a month we didnt have the other persons insurance information cause geico couldnt find them. Eventually we kept bugging Geico to look up their VIN or driver license # and they said the others filed a claim. Their insurance rep had a less than professional attitude and basically said tough s**t. We have to pay for the damages for our car!!! The cop even said it wasnt even our fault and encouraged us to show up in court.

------update: The insurance rep for the girl who rearended us said because its 1% our fault by law in Virginia the people who are at fault doesnt have to pay for our damages... I cant find anything like this online... can anyone help us out?!?! court date is January 25th... the car isnt even driveable!!! the trunk, rear bumper, rear exhaust, and speakers are broken!

Total Comments: 2

Posted: Wed Jan 06, 2010 05:49 pm Post Subject:

It's called contributory negligence and it suck if a state does not have a modified version.

http://en.wikipedia.org/wiki/Contributory_negligence

They are correct... if a person is 1% at fault in an accident they cannot collect from the other party. For those sates that have this law, I'd highly recommend each person carry their own collision coverage.

The officer does not think it was your fault but he/she issued you a citation for improper lane change? It sounds to me like an improper lane change could lead to 1% fault in this accident. If the offer did not think the citation was appropriate, why would he/she have issued it? Police officers don't determine liability and what you'd be gong to court for was to dispute the citation.

Posted: Wed Jan 06, 2010 11:48 pm Post Subject:

The insurance rep for the girl who rearended us said because its 1% our fault by law in Virginia the people who are at fault doesnt have to pay for our damages... I cant find anything like this online... can anyone help us out



I lived in VA for a time, and do believe that to be correct. Contact the VA Bureau of Insurance for clarification.

1-877-310-6560

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