by T » Fri Jun 12, 2009 06:16 am
Hi all,
I was involved in an accident occuring late at night where I rear ended a double-parked taxicab one a two-way street. It was dark and the cab did not have his emergency lights on. By the time I realized there was a vehicle parked in the middle of the lane I was driving on it was already too late. The front passenger section of my car hit the rear driver side of the cab. I was driving 30 miles per hour and the steering wheel airbag was deployed. The taxi driver was on the curb conversing with his passenger when this happened. My insurance company expectedly claimed that I was the at-fault party since I rear-ended another vehicle. My questions are:
1. Am I automatically at-fault given the other vehicle was illegally parked?
2. The other party is suing me for injury even though he was not in the vehicle. After my airbag deflated I remember clearly that the cab driver ran from the curb to my car. The issue is, I can not think of an evidence proving that he was not in the vehicle. The cab passenger fled the scene and the driver never got his cab fare paid. He made this point repeatedly as we were waiting for the cops to arrive at the scene. I told this to my insurance company and they are forwarding my case to Special investigation unit. Any advice?
Also, the cops came to the scene about 1-2 hours later. They tested me for DUI and I passed. Since there was no injury or DUI, they declared it civil matter, advised us to exchange information and did not produce any police report. I asked for it and they declined.
I was involved in an accident occuring late at night where I rear ended a double-parked taxicab one a two-way street. It was dark and the cab did not have his emergency lights on. By the time I realized there was a vehicle parked in the middle of the lane I was driving on it was already too late. The front passenger section of my car hit the rear driver side of the cab. I was driving 30 miles per hour and the steering wheel airbag was deployed. The taxi driver was on the curb conversing with his passenger when this happened. My insurance company expectedly claimed that I was the at-fault party since I rear-ended another vehicle. My questions are:
1. Am I automatically at-fault given the other vehicle was illegally parked?
2. The other party is suing me for injury even though he was not in the vehicle. After my airbag deflated I remember clearly that the cab driver ran from the curb to my car. The issue is, I can not think of an evidence proving that he was not in the vehicle. The cab passenger fled the scene and the driver never got his cab fare paid. He made this point repeatedly as we were waiting for the cops to arrive at the scene. I told this to my insurance company and they are forwarding my case to Special investigation unit. Any advice?
Also, the cops came to the scene about 1-2 hours later. They tested me for DUI and I passed. Since there was no injury or DUI, they declared it civil matter, advised us to exchange information and did not produce any police report. I asked for it and they declined.
Posted: Fri Jun 12, 2009 09:52 am Post Subject:
It was dark and the cab did not have his emergency lights on.
Where were your headlights OP? It seems both party was at fault, since you did not have your lights on and since the car (as per your description of the event) was wrongly parked.
Posted: Fri Jun 12, 2009 09:53 am Post Subject:
[quote:5a40c62a2c][quote:5a40c62a2c]1. Am I automatically at-fault given the other vehicle was illegally parked?
[/quote:5a40c62a2c][/quote:5a40c62a2c] Yeah, pretty much...your carrier may try and bring the other party in for a small percentage of negligence, for being illegally parked, but won't change the fact you struck a stopped vehicle in the rear..2. The other party is suing me for injury even though he was not in the vehicle
That's a BIG one...I can not think of an evidence proving that he was not in the vehicle.
The cab driver is the key..he knows if there was someone in his cab or not...if he tells the truth, (and why wouldn't he?)...this injury will be denied...forwarding my case to Special investigation unit.
That's a good indication, that they are taking it seriously..Any advice?
Yes, let your carrier and their SIU dept do their job...You owe for the damage to the cab..sorry but you do...you weren't paying enough attention while driving, and hit a stopped vehicle...again your carrier 'might' try and pin a small percentage on the cabby, but I doubt too much..As to the fruad injury claim..sounds like your carrier is all over that and likely will deny it.Posted: Fri Jun 12, 2009 09:59 am Post Subject:
I guess since the SIU is handling the claim they would probe into it before signing out any amount and like Lori has said its a good indication.
The other party is suing me for injury even though he was not in the vehicle.
Now, was there a passenger in the cab or the driver alone? Who is this other party suing you?
Hasn't the officer checked if anyone was injured at the scene?
Posted: Fri Jun 12, 2009 10:17 am Post Subject:
Hi T
Welcome to the Community!
However much you may not like it, but in all probabilities it would be you who would be at fault? Your's was the car in motion and you should have been in control of your car. That the street was dark could give you an advantage. Would like to hear what the others have to say on this. And like Candyfloss here says,
"Where were your headlights OP?"
Posted: Fri Jun 12, 2009 03:57 pm Post Subject:
Just to clarify:
The taxicab driver is the other party suing me. He is the one claiming injury. However, he was not in the cab when it was struck. He was on the curb with his passenger. The passenger is not involved in this claim at all.
Also, my headlights were on. The taxicab, which was double-parked, did not have his emergency lights on.
Posted: Mon Jun 15, 2009 05:33 am Post Subject:
Hi T, thanks for the additional information.
He is the one claiming injury. However, he was not in the cab when it was struck. He was on the curb with his passenger.
Do you have any independent witness who can support your claim? What about the passenger who was with the cabby at the time of accident? Can you get him testify for you?
~Jeremy
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