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Car accident... Who's at fault???

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Car accident... Who's at fault???

Old 11-14-2015, 08:58 PM
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Default Car accident... Who's at fault???

So, I was involved in a 12 car accident last week.

Long story short, there was a motorcycle that caused some havoc ahead and traffic turned to everyone being hard on the brakes. I avoided hitting the guy in front of me because I was able to, but the guy behind me hit me in the rear. He wasn't paying attention and it took him way too long to brake by watching him in my mirror.

Then the guy behind him got him in the rear and more accidents going on further back.

When interviewed by the trooper, he told me that the guy two cars behind me was the one at fault for our scenario in the deal and he just so happens to not have any insurance.

This is going on the fact that the trooper interviewed the guy that hit me first and he told the trooper that he was first hit by the guy behind him, then he hit me.

I told him that I didn't think that was the case, but the trooper pretty much blew me off because he just wanted to get out of there and told me that I was SOL due to the guy without insurance. The guy that hit me did have insurance btw...

I just want my $500 deductible covered. Am I SOL or should I pursue the insurance of the guy that hit me to cover my deductible?
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Old 11-14-2015, 09:12 PM
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Pay your $500 deductible and let insurance companies battle it out. Hopefully you had uninsured motorist coverage on your policy. Most likely your insurance company will go after the guy who hit you. Good luck.
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Old 11-14-2015, 09:15 PM
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Originally Posted by Webber67 View Post
So, I was involved in a 12 car accident last week.

Long story short, there was a motorcycle that caused some havoc ahead and traffic turned to everyone being hard on the brakes. I avoided hitting the guy in front of me because I was able to, but the guy behind me hit me in the rear. He wasn't paying attention and it took him way too long to brake by watching him in my mirror.

Then the guy behind him got him in the rear and more accidents going on further back.

When interviewed by the trooper, he told me that the guy two cars behind me was the one at fault for our scenario in the deal and he just so happens to not have any insurance.

This is going on the fact that the trooper interviewed the guy that hit me first and he told the trooper that he was first hit by the guy behind him, then he hit me.

I told him that I didn't think that was the case, but the trooper pretty much blew me off because he just wanted to get out of there and told me that I was SOL due to the guy without insurance. The guy that hit me did have insurance btw...

I just want my $500 deductible covered. Am I SOL or should I pursue the insurance of the guy that hit me to cover my deductible?
Laws differ state to state, but in most the guy hitting you is at fault UNLESS he is innocently pushed into you. Since the trooper found the cause to be the third driver, in most states you are screwed.
The Multi-Car Collision Rule

Another exception to the general rule of rear-end collisions is the multi-car accident rule. Normally, rear-end collisions occur because the rear vehicle is following the lead car too closely. However, in multi-car accidents, the rear vehicle is often pushed into the lead vehicle by a third car. An example of this type of scenario is when two cars are stopped at a red light and a third car, approaching the light, fails to stop. The third car rear-ends the second car and the second car is pushed into the rear of the first car. Obviously, the second car was doing nothing wrong—it was stopped at a red light. So with regard to the damages to the first car, the general rule does not apply; in fact, the car that failed to stop at the light is at fault for all of the damages.
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Old 11-14-2015, 09:16 PM
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Originally Posted by PacmanJeff View Post
Pay your $500 deductible and let insurance companies battle it out. Hopefully you had uninsured motorist coverage on your policy. Most likely your insurance company will go after the guy who hit you. Good luck.
This is true it's going to be a headache so just let the pros work it out, that's why we have insurance.
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Old 11-14-2015, 09:42 PM
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Originally Posted by PacmanJeff View Post
Pay your $500 deductible and let insurance companies battle it out. Hopefully you had uninsured motorist coverage on your policy. Most likely your insurance company will go after the guy who hit you. Good luck.
Uninsured Motorist coverage only covers injuries. You are covered regardless of fault for collision (less your deductible). In instances like this it is difficult for the insurance companies to determine fault. If you disagree with the version on the P/R you may be able to recover 50% or 66% of your deductible, especially if you have no front damage, but if there are no injuries in the case, then it is unlikely that the involved companies will put much effort into it. you may have to "push" a little at your carrier to in turn, push the other carriers
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Old 11-14-2015, 10:09 PM
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I've been with a license for 22 years and fortunately have never been involved in an accident, so this is new to me. Keep in mind, I have been with the same insurance company since I was able to drive.

With that said, I called my insurance company and didn't get my agent but spoke with the girl that assists with my policies.

I told her what happened and asked what steps I need to take to get my truck repaired. She told me to contact the guy's insurance company. I was somewhat confused and told her that I was under the impression that you guys handle that.

She responded... 'you know the details better than we do, so it would be best to contact them yourself'

My gut tells me that it probably shouldn't be handled this way, so it looks like I'll be sitting down with my agent on Monday and see what he has to say.

My truck is drivable and the damages are minimal and cosmetic. It just pisses me off that it looks like I have to come out of pocket for something that wasn't my fault.

If you drive without insurance, you need your ass kicked!!! Just sayin'
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Old 11-15-2015, 12:19 AM
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Many...many people are driving w/out insurance. More than most would believe. The laws regarding this need to be strengthened.

As to your situation, don't take the advice of the girl you spoke with. Get the office manager involved.
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Old 11-15-2015, 12:22 AM
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I was rear ended January 30th. I was stopped at a red light when this guy plowed into my rear end. His car was totaled and had to be hauled away. My car sustained $5500 damage and my insurance company, Auto Owners waived my deductable since I was not at fault.

I am in Michigan a no-fault state where each persons insurance company covers the costs of repair or replacement of said vehicle.
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Old 11-15-2015, 01:25 AM
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Originally Posted by 1954oldred View Post
Many...many people are driving w/out insurance. More than most would believe. The laws regarding this need to be strengthened.
I agree. The trooper assured me that the guy was in trouble as he was walking around smoking cigarettes and talking on the phone. Handcuffs in the back of the car would've made me believe different.
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Old 11-15-2015, 02:23 AM
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Originally Posted by Webber67 View Post
I agree. The trooper assured me that the guy was in trouble as he was walking around smoking cigarettes and talking on the phone. Handcuffs in the back of the car would've made me believe different.

No insurance is a citation, not an arrest.


You have a claim against the driver who hit you, period. You make that claim, and he can try to defend based upon being hit, but he'll have to overcome your eyewitness testimony to the effect that he did not brake soon enough.


The trooper does not determine liability.
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Old 11-15-2015, 03:26 AM
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Originally Posted by THT Mod 7 View Post
Uninsured Motorist coverage only covers injuries. You are covered regardless of fault for collision (less your deductible). In instances like this it is difficult for the insurance companies to determine fault. If you disagree with the version on the P/R you may be able to recover 50% or 66% of your deductible, especially if you have no front damage, but if there are no injuries in the case, then it is unlikely that the involved companies will put much effort into it. you may have to "push" a little at your carrier to in turn, push the other carriers
Uninsured Motorist coverage for property damage is available in many states. Not sure if Alabama is one of those,

Last edited by Crabpot Man; 11-15-2015 at 04:14 AM.
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Old 11-15-2015, 04:13 AM
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Insurance laws vary from state to state and are not necessarily the same as V&T laws in the same state.

For instance, in the state where I am currently located, under V&T law it is illegal to park my vehicle in the middle of an intersection. However under insurance law anyone who hits a vehicle while it is parked, even though it may be parked illegally, is at fault.

As someone stated above, it is best for you to contact an Agent with the company you are insured.

Btw, While waiting at a traffic light I was rear ended about 15 years ago by a guy driving a Chevy S-10 pickup truck. His truck was totaled (heavy front end damage). My vehicle had zero damage. To this day I still cannot believe it after that impact.

His insurance company sent out an adjuster to my home who noticed a scratch in the chrome on my bumper and immediately cut me a check for $750. He made it impossible for me to refuse taking the check practically stuffing it in my shirt pocket.
IMO, that was to settle the case so I would not bring a soft tissue or other injury claim later on, not that I would either. Not my style.

Good luck.
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Old 11-15-2015, 04:59 AM
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The trooper does not determine liability
While that might be true the report he wrote will be used to make that determination. So basically if he wrote it up the the way you described you might have a problem convincing the insurance companies otherwise.

I hope it works out for you. I recently got in an accident that wasn't may fault. My experience with the insurance companies wasn't pleasant but it did all work out in the end.
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Old 11-15-2015, 05:10 AM
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All the trooper did was take personal statements, he was not a witness to the accident. I doubt his report would mean anything in court. Now if the guy behind you hit you first, but then was further pushed into you, how would the extent of damages be determined? I'd argue that the fellow that struck you was following too close and not paying attention, and it was his late reactions that caused the chain collision.
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Old 11-15-2015, 05:17 AM
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Originally Posted by Crabpot Man View Post
Uninsured Motorist coverage for property damage is available in many states. Not sure if Alabama is one of those,
Yep. Standard on the policy here in NC. Must be a state thing.
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Old 11-15-2015, 05:23 AM
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Good information here as usual. This will definitely help me moving forward.
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Old 11-15-2015, 05:34 AM
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Originally Posted by Shag View Post
Yep. Standard on the policy here in NC. Must be a state thing.
It is a state thing, and it is NOT provided in Alabama. UM in Alabama only covers injury
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Old 11-15-2015, 05:49 AM
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Originally Posted by MayhemFT View Post
It is a state thing, and it is NOT provided in Alabama. UM in Alabama only covers injury
Gotcha.
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Old 11-15-2015, 07:02 AM
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Originally Posted by Webber67 View Post
So, I was involved in a 12 car accident last week.

Long story short, there was a motorcycle that caused some havoc ahead and traffic turned to everyone being hard on the brakes. I avoided hitting the guy in front of me because I was able to, but the guy behind me hit me in the rear. He wasn't paying attention and it took him way too long to brake by watching him in my mirror.

Then the guy behind him got him in the rear and more accidents going on further back.

When interviewed by the trooper, he told me that the guy two cars behind me was the one at fault for our scenario in the deal and he just so happens to not have any insurance.

This is going on the fact that the trooper interviewed the guy that hit me first and he told the trooper that he was first hit by the guy behind him, then he hit me.

I told him that I didn't think that was the case, but the trooper pretty much blew me off because he just wanted to get out of there and told me that I was SOL due to the guy without insurance. The guy that hit me did have insurance btw...

I just want my $500 deductible covered. Am I SOL or should I pursue the insurance of the guy that hit me to cover my deductible?
I got hit years ago any insurance couldn't be verified. I paid the deductible and went on my way. 4 months later I got a check once the insurance companies sorted it all, out.
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Old 11-15-2015, 07:42 AM
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Originally Posted by 1954oldred View Post
Many...many people are driving w/out insurance. More than most would believe. The laws regarding this need to be strengthened.

As to your situation, don't take the advice of the girl you spoke with. Get the office manager involved.

I agree. If a motorist is found to not have insurance they should be jailed immediately and their vehicle towed and impounded.

If they cause an accident and are un - insured same scenario as above however their vehicle is auctioned off for damages to other vehicle.

We need to get all these folks off the road they are just clogging up the roads and running up the rates.
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