by Michellemacke48 » Fri Dec 19, 2008 09:53 pm
I was driving down the street going way slower than the speed limit allowed. I hit my brakes to go even slower and my car slid across to the other side of traffic. I didn't hit anyone but was rear ended by another driver causing my car to go into a ditch.
Posted: Sat Dec 20, 2008 01:22 am Post Subject:
When you say "rear ended" I would think the other vehicle was driving the same direction in the same lane but that might not by the case here. Where did you end up sliding to and where was this other vehicle coming from in relationship to your location? If you slid sideways into another lane that had the right of way and this caused the other vehicle to hit the rear of your car, you'd be liable. If you slid but stayed in the same lane and the other vehicle was traveling the same direction and rear ended you, I'd say the other party was liable.
Posted: Sat Dec 20, 2008 09:56 am Post Subject:
Why were you driving below the speed limit? You hit the break but still slid to the traffic and got rear ended, why? Was the condition of the road bad? Was the weather bad? Was the vision low?
As tcope has mentioned, the circumstances of the accident will play a very important role in determining the at-fault driver. In normal situations, the car which read-ends the car in front, is adjudged to be at-fault, but the point that you slid after pushing the break has twisted the whole incident. Please elaborate your query for more specific responses.
Posted: Sun Dec 21, 2008 03:53 am Post Subject: insurance
MICHELLE....were YOU injuried in the accident? Just curious...what state do you live in?
Posted: Mon Dec 22, 2008 03:25 pm Post Subject:
We had just had a really bad snow storm and the roads froze up with ice. I was going below the speed limit and decided to slow down even more due to the conditions of the road. I was going westbound when my car slid and started going eastbound. So my car did a whole turn going the opposite direction. But when it turned around I was in the opposite lane going the same way the other car was going that's when she rear ended me. The police reports states when she rear ended me that's what cause the damage to her car and mine. My car landed in a ditch after she rear ended me.
Posted: Mon Dec 22, 2008 04:49 pm Post Subject: insurance
Were you hurt?! Anyone else in the car with you!? OMG!! I'm glad you were driving at a 'safe' speed...I mean, driving cautiously, as you should, considering the conditions. Usually if someone rear-ends you, it's AUTOMATICALLY their fault ( in most states). However....in THIS case, I'm not really sure WHO'S fault it is, since you ended up in the other lane. There will be someone, one of the forum's 'experts' coming along, soon, to help you out and answer all your questions. Take a deep breath and hang in there. :lol:
Posted: Mon Dec 22, 2008 07:05 pm Post Subject:
Given this situation, the only way to know who was liable and by how much is to get all the details of the accident. This would require a statement from both drivers and probably a copy of the police report if there was one. You were not in control of your vehicle and slid into the incoming lane. This means you would have at least some liability (good chance, all liability). It would then come down to why the other person could not avoid hitting your vehicle. Did they have enough time to avoid or not. I'm guessing that there won't be enough indication that the other person could have avoided you.
Given your description, the fact that the rear of your vehicle was the area that was struck is really moot.
Posted: Tue Dec 23, 2008 03:51 am Post Subject: insurance
I would think that the insurance agent/company would consider that the whether was horrible. Yes..you're right, TSCOPE, the OP din't have control of her vehicle..but.....as the whether was "icy", etc, there wuld be MORE chance than 'normal' to have an accident.
Posted: Tue Dec 23, 2008 05:24 am Post Subject:
If you loose control of your vehicle in the icy road... you were not in control. If it was unavoidable, every car or at least a vast majority would have also spun out. That is almost never the case.
Posted: Tue Dec 23, 2008 10:52 am Post Subject: insurance
I suppose you're right, TCOPE. I was in an accident last Winter.......hit 'balck ice' abd went FLYING!!!!! Hit a guard rail, etc. Sure wasn't a 'day' for me. :cry:
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