by Guest » Mon Dec 07, 2009 08:04 pm
I recently was involved in an accident non- injury thankfully, in which I was traveling in the # 1 lane going the speed limit (55mph) and (car#1) in the # 2 lane passed at about 65 mph and then their right rear tire blew out, they swerved into the car in front of me (car#2) and into the cement center divide. I (call me car #3) slammed on my brakes and swerved to my right winding up in the #2 lane and almost splitting in-between the cars after they separated but I just clipped the the car in front of me with my left front bumper and now the CHP collision report says I'm to blame for the collision between myself and car #2. I know they usually place the blame on whoever hits someone else from behind, but in this case I think the circumstances were extraordinary since the cars in front were out of control and came to an abrupt stop due to the fact #1 car hit the median. Also there were cars bearing down on me from behind and I have photos of the skid marks showing me swerving to #2 lane and stopping with another set of tracks behind me that were much longer than mine and also swerving to the right but continuing all the way to the far right lane. This is why I couldn't avoid collision because I was afraid if I tried to turn sharper to the right I could have rolled or been plowed into by this oncoming vehicle.
I obviously don't want my rates to increase, and I don't feel it is fair for the CHP to judge before looking into all of the facts. What should I do??? :( :evil:
I obviously don't want my rates to increase, and I don't feel it is fair for the CHP to judge before looking into all of the facts. What should I do??? :( :evil:
Posted: Mon Dec 07, 2009 08:54 pm Post Subject:
well, you can talk to them about their decision and try and get them to change it, but it's pretty unlikely I think.
I'm not sure on the US Laws, but certainly in other parts of the world, you are required to have "sufficient distance between you and a vehicle you are following to be able to stop in the event of a sudden stop" os something similar.
Yes, your circumstances were very unusual, but ultimately there could have been any number of reasons why the car in front of you had to slam on the brakes in a hurry, and in all of them it's up to you to make sure you have time to stop.
Put it this way, if you had left a bigger gap, you wouldn't have had to swerve into another lane, and could have stopped safely after the two cars collided in front of you.
Sorry to be the bearer of bad news, but that's how I see it.
Posted: Tue Dec 08, 2009 11:22 pm Post Subject:
I know they usually place the blame on whoever hits someone else from behind, but in this case I think the circumstances were extraordinary since the cars in front were out of control and came to an abrupt stop due to the fact #1 car hit the median.
Well, no...even if they came to an abrupt stop you should've been going a speed that would allow you to stop short of hitting anything.Also there were cars bearing down on me from behind
buuuuuuut, they were able to stop short of hitting you right?What should I do???
First, plead your case, hard with your carrier...did you get a ticket? if so you can appear and plead not guilty and have a trial, but honestly, I think the judge, (and other carrier) will say, you were going too fast for conditions or inattention other wise you would've been able to get your vehicle stopped before striking the other, just like all the cars behind you were able to do..I'm not sure on the US Laws, but certainly in other parts of the world, you are required to have "sufficient distance between you and a vehicle you are following to be able to stop in the event of a sudden stop" os something similar.
Same here..Add your comment