Was involved in an accident yesterday. Need some advice

[anonmouseuser]

My sister and I were travelling down I-5 South yesterday. I was in the left lane behind a black Saturn going about 45mph (55mph zone) when I noticed that the car ahead of the Saturn rapidly go off to the shoulder. The Saturn slammed on the brakes and I had absolutely no time to react. So I ended up slowing down to about 10mph before I slammed in the rear of the Saturn.

There was no damage to the Saturn but my car (92 Geo Prizm) took some substantial damage. Fortunately, nobody was hurt and the girl in the Saturn wanted to just leave after examining the damage. I wanted to exchange information just in case and we did so.

After everything was said and done, I noticed that my car made a very ugly noise when I started it. I think the radiator is probably crushed into the engine block. So I had my car towed to my friends house. I am 90% sure that the Saturn did not have working brake lights. I have the contact information of 2 of the eyewitnesses to this incident.

I have liability insurance through AMEX/COSTCO with a $500 deductable. Will the insurance pin this as my fault? How can I go about getting my car repaired with minimum cost to me. I have filed a claim and I am to wait till the 'adjuster' calls me back. Is there anything I should be prepared for?

 

[Mo0o]

This is your fault 100%. You had a responsibility to be at a safe following distance so that if the person in front of your slams the brakes, you can react and still not hit them.

 

[Yossarian]

yeah it's your fault. if you dont' have collision insurance you will pay for everything out of pocket. iirc "liability" insurance is only good for injuries to others and damage to other people's property.

 

[TwinkleToes77]

It's definitely your fault.. as the MoOo said.. you were following too closely.

Be prepared for your insurance to go up if the Saturn files a claim, though some companies have an accident forgiveness clause for the 1st accident.

Since you have only liability, the insurance wont cover your damages, just the saturns.

 

[Alchemist99]

100% your fault and sounds like you had time to react just not enough. live and learn, at least no one was hurt.

 

[z0mb13]

Originally posted by: Mo0o
This is your fault 100%. You had a responsibility to be at a safe following distance so that if the person in front of your slams the brakes, you can react and still not hit them.

 

[virtueixi]

Originally posted by: Alchemist99
100% your fault and sounds like you had time to react just not enough. live and learn, at least no one was hurt.

 

[ECUHITMAN]

It was your fault, and if the Saturn does file a claim your insurance will go up (I know in NC you might get insurance points which act as a multiplier for your insurance rate 1 point 25% raise, 2 points 50% raise, etc.) I would NOT call your insurance company unless you are informed by them that someone filed a claim against you.

BTW, if the car in front of you has faulty break lights even if you were following too closely they would be at fault (at least in NC). But considering you DID NOT call the police and have nothing to prove they lights did not work, you are SOL.

 

[Biggerhammer]

You rear-ended him. At least in my state you list as at-fault in every case.

I heard about a multi-car pileup from a friend who was working at an insurance company. Each driver was listed as at faul for hitting the car ahead, even though many of the cars had been pushed into the front car by the ones that hit them.

 

[imported_judge]

Originally posted by: Mo0o
This is your fault 100%. You had a responsibility to be at a safe following distance so that if the person in front of your slams the brakes, you can react and still not hit them.

 

[dmurray14]

Originally posted by: Biggerhammer
I heard about a multi-car pileup from a friend who was working at an insurance company. Each driver was listed as at faul for hitting the car ahead, even though many of the cars had been pushed into the front car by the ones that hit them.

That's just not right...

 

[whoiswes]

Originally posted by: dmurray14

Originally posted by: Biggerhammer
I heard about a multi-car pileup from a friend who was working at an insurance company. Each driver was listed as at faul for hitting the car ahead, even though many of the cars had been pushed into the front car by the ones that hit them.

That's just not right...

no, it's not...i would raise holy hell if my rates went up because of something that was completely and totally out of my control.

FWIW, i would call the owner of the saturn and get any estimates for the damage. it's probably going to be cheaper for you (in the long run) to pay for all the damages out of your pocket than to let you insurance company pick up the tab.

keep your record clean at all costs - it'll save you thousands over the long haul.

sorry that you rear-ended her - sounds like one of those 'wrong-place-wrong-time' deals.

 

[mugs]

Did you even bother to ask the Saturn driver if he'd test his brake lights at the scene of the accident?

 

[dartworth]

Originally posted by: mugs
Did you even bother to ask the Saturn driver if he'd test his brake lights at the scene of the accident?

Why bother...?


When he hit the Saturn, it damaged the tail lights...

 

[pulse8]

Originally posted by: Biggerhammer
You rear-ended him. At least in my state you list as at-fault in every case.

I heard about a multi-car pileup from a friend who was working at an insurance company. Each driver was listed as at faul for hitting the car ahead, even though many of the cars had been pushed into the front car by the ones that hit them.

A friend of mine was involved in a multi-car pile up. They were stopped and this car slammed into the last car in the line. The person that caused the accident was at fault and had to have their insurance company pay for everyone's damages.

 

[ohtwell]

The insurance agency will pin this on you, because it is your fault. I hope that you get everything sorted out though, and that the driver of the other car doesn't suddenly end up with whiplash.


: ) Amanda

 

[mugs]

Originally posted by: dartworth

Originally posted by: mugs
Did you even bother to ask the Saturn driver if he'd test his brake lights at the scene of the accident?

Why bother...?


When he hit the Saturn, it damaged the tail lights...

I must have missed where he said that... Actually I read it again and I still don't see where he said that, could you point it out to me?

Checking the brake lights could at least prove that they did work before the accident (if they worked after the accident), even if it couldn't prove they didn't work before the accident.

I don't know if it would make a difference though. I just have a hard time believing that all 3 brake lights would be out at the same time.

That is, unless these were two people working together trying to scam someone else's insurance company - but if I were going to do that my victim wouldn't be a guy in a 92 Geo Prism.

 

[habib89]

yup, your fault.. and i doubt that tail lights matter.. you still should have been a safe distance behind enough to stop in time.. blah blah blah... just hope now that the saturn doesn't file charges, since you did have the opportunity to get away scott free... doesn't sound like he will though, so all you gotta do is fix up your ride, and you'll be set..

 

[anonmouseuser]

Thanks for all the useful replies. I guess the overall advice is that it will ultimately be upon me to fix my own damages. I am sure that the driver of the Saturn has no intention of filing any claims. She seemed to really want to just drive away. My only regret is that I should have no called my insurance company to inform them of this event. My premium will go up and my damages will not be paid for.

 

[moshquerade]

Originally posted by: Mo0o
This is your fault 100%. You had a responsibility to be at a safe following distance so that if the person in front of your slams the brakes, you can react and still not hit them.

yep, hopefully you won't get sued

 

[StageLeft]

It probably did have brake lights, but this is a classic case of following too closely, so it's your fault. Your insurance will pay for his repairs, after the $500 deductible (or nothing if he files nothing), and you're left to cover your own repairs out of pocket.

 

[jemcam]

If you have liability insurance, it covers damages to other people's property that you caused. There is no deductible on liability insurance.

Comprehensive covers losses that are other than a collision, such as vandalism, theft, fire, etc.

Collision coverage shouldn't need to be discussed.

Working taillights are not a mitigating factor when you rear-end someone. Even if they didn't have working brake lights and you rear end them, it's still going to be your fault like it or not.

 

[Yossarian]

Originally posted by: anonmouseuser
Thanks for all the useful replies. I guess the overall advice is that it will ultimately be upon me to fix my own damages. I am sure that the driver of the Saturn has no intention of filing any claims. She seemed to really want to just drive away. My only regret is that I should have no called my insurance company to inform them of this event. My premium will go up and my damages will not be paid for.

this is why it's important to check w/ATOT before taking any action in life

 

[m2kewl]

Originally posted by: anonmouseuser
Thanks for all the useful replies. I guess the overall advice is that it will ultimately be upon me to fix my own damages. I am sure that the driver of the Saturn has no intention of filing any claims. She seemed to really want to just drive away. My only regret is that I should have no called my insurance company to inform them of this event. My premium will go up and my damages will not be paid for.

can't you put that claim on hold...and then cancel the claim??