by mroness » Thu Jun 11, 2009 09:00 pm
I was turning left from the median stopped for pasing cars to stop when I was clipped from behind by an SUV .When the Police service representative(not a Police officer) showed up ,the person that hit me said I was sticking out into the lane.The representative said that even though the back of my car was hit,the other driver was not responsible.What is the law in florida regarding getting hit from behind?
Posted: Fri Jun 12, 2009 12:15 am Post Subject:
No law on getting hit from behind... same as anywhere... depends on negligence.
As far as liability, the insurance companies will need to investigate and come to their on conclusions. The other party is going to at least have most of the negligence, even if your vehicle was partially in his lane. If you vehicle was in his lane, there is no good reason why he did not see it and avoid hitting you. Just because your vehicle (might have been) in his lane does not give him the right to hit you. If an adjuster believes him, that your vehicle was partially in his lane, then how does he explain not seeing this and avoiding hitting you? There is no real good answer for that so I'd certainly give his statement less credibility.
Posted: Fri Jun 12, 2009 05:58 am Post Subject:
Hi mroness,
The representative said that even though the back of my car was hit,the other driver was not responsible.
I'm sure there was no question of poor visibility or any other reason why the person couldn't see your vehicle. I don't think the representative's opinion would be of much importance over here.
Did you inform your insurance carrier regarding this?
Did it cause serious damages to your car?
Steven
Posted: Fri Jun 12, 2009 06:16 am Post Subject:
Okay Mroness, in case of read-end accidents the driver who rear-ends bears most of the responsibility for causing it. I don't see why it wouldn't be the same in your case. I'd suggest you to inform your carrier about it. Since Florida is a no-fault state the damages need to be addressed by your carrier anyway.
Just curious, was the other driver moving too close to you? Was he speeding?
~Jeremy
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