someone explain this?
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Caroline - 25 Nov 2005 01:04 GMT we had some snow tonight and I got rear-ended. Yet it was my fault because I stopped too quickly. WTF maybe if you weren't TAILGATING!!!!!!!!!!!!! sorry been a long night and in really bad mood right now!
Caroline
Thanks for letting me vent
just me - 25 Nov 2005 01:07 GMT Caroline mentioned in passing :
> we had some snow tonight and I got rear-ended. Yet it was my fault > because I stopped too quickly. WTF maybe if you weren't > TAILGATING!!!!!!!!!!!!! sorry been a long night and in really bad > mood right now! vent away. you ok? how's your car? I am confused, though, because I'd always heard that if you rear-end someone it is your fault, end of story. Guess something changed?
-Aula
 Signature People will do anything, no matter how absurd, in order to avoid facing their own soul. - Carl G. Jung
Knit Chic - 25 Nov 2005 01:47 GMT > Caroline mentioned in passing : >> [quoted text clipped - 5 lines] > vent away. you ok? how's your car? I am confused, though, because I'd > always heard that if you rear-end someone it is your fault, end of story. Nope, not always. But a lot of people think that. I will say that is true most of the time, but after processing thousands of claims (former job) I have found that there is no hard and fast rule. From personal experience, I was RE'ed on a freeway onramp and was 100% not at fault, the other driver was distracted by the prisoner they were caring in their van. Because it was an FBI agent, my ins had to pay out 100% of the claim. (you can thank Bush Sr. for that little law, saying that when an FBI agent as an accident it is NEVER their fault. No ticket was issued.
> Guess something changed? > > -Aula Leanne - 25 Nov 2005 02:36 GMT > Nope, not always. But a lot of people think that. I will say that is > true [quoted text clipped - 6 lines] > (you can thank Bush Sr. for that little law, saying that when an FBI agent > as an accident it is NEVER their fault. No ticket was issued. it could be different where you are, but here, if you RE someone its your fault, the law pretty much says if your too close to stop, your fault.
Knit Chic - 25 Nov 2005 03:04 GMT >> Nope, not always. But a lot of people think that. I will say that is >> true [quoted text clipped - 9 lines] > it could be different where you are, but here, if you RE someone its your > fault, the law pretty much says if your too close to stop, your fault. Are you in the US? can you state the code for that? in EVERY case? ... every time? ... check it out .. i happen to know what i'm talking about. There are a lot of things that ppl think are laws, when they are not. I have heard it thousands of times, most every day I was at work. btw, this has nothing to do w/ the OP, I have no idea about that. anyway, if you can state the code for it .. i would be happy to read it.
Leanne - 25 Nov 2005 03:25 GMT >> it could be different where you are, but here, if you RE someone its your >> fault, the law pretty much says if your too close to stop, your fault. [quoted text clipped - 6 lines] > btw, this has nothing to do w/ the OP, I have no idea about that. > anyway, if you can state the code for it .. i would be happy to read it. nope I'm not from the US, which is why I said it could be different where you are, care to read the post again?
> oh .. and I guess what I posted that happened to me was a lie? > what ever .. not worth my time ...... > /sigh Never said that either, read again and stop jumping on people.
Knit Chic - 25 Nov 2005 00:07 GMT >>> it could be different where you are, but here, if you RE someone its >>> your [quoted text clipped - 16 lines] > > Never said that either, read again and stop jumping on people. you didn't say were you were from, that's why I asked if you are in the US.
Knit Chic - 29 Nov 2005 16:26 GMT >>> it could be different where you are, but here, if you RE someone its >>> your [quoted text clipped - 16 lines] > > Never said that either, read again and stop jumping on people. I'm sorry I was so bitchy ... I shouldn't have been.
toto - 25 Nov 2005 03:34 GMT >Are you in the US? can you state the code for that? >in EVERY case? ... every time? ... check it out .. i happen to know what i'm [quoted text clipped - 3 lines] >btw, this has nothing to do w/ the OP, I have no idea about that. >anyway, if you can state the code for it .. i would be happy to read it. Obviously, they can't state the code because there are defenses against this.
http://www.expertlaw.com/library/car-accidents/driver-error.html
Rear-End Collisions
In most jurisdictions, a driver who rear-ends another car is presumed to have caused the accident. In most cases, that presumption is correct: The driver at the rear follows too closely, or doesn't pay attention to what is going on in the road in front of his car, and doesn't take notice that another car has stopped or slowed in front of him until it is too late to avoid collision. In higher speed rear-end collisions involving a line of cars, such as cars stopped at a traffic light, you may see the initial collision propel the stopped cars into each other, such that three, four, or even more cars become involved.
The most common defense to a charge of negligence arising from a rear-end collision is the sudden emergency - that is, a claim that the car that was hit stopped suddenly and unexpectedly, or that something sudden and unexpected (e.g., a truck losing its load) caused that car to come to a sudden stop, rendering the collision unavoidable. Where one or more cars are able to stop in reaction to a claimed sudden emergency, it is more difficult to make this claim - "If they could stop, why couldn't you?"
-- Dorothy
There is no sound, no cry in all the world that can be heard unless someone listens ..
The Outer Limits
Knit Chic - 25 Nov 2005 00:12 GMT >>Are you in the US? can you state the code for that? >>in EVERY case? ... every time? ... check it out .. i happen to know what [quoted text clipped - 7 lines] > Obviously, they can't state the code because there are defenses > against this. Exactly my point .. there is no code for it ... but many many many ppl think that it's always the RE'er's fault. My point that it is not *always* the RE'er's fault. I got so sick of "He RE'ed ME! It's not my fault" I would hear that from Insd. every day. Another misconception is that he who receives a ticket, is at fault. That one isn't correct either, but a lot of people think it. But again, this has nothing to do the w/ the OP's issue. I know nothing about that one.
> http://www.expertlaw.com/library/car-accidents/driver-error.html > [quoted text clipped - 30 lines] > > The Outer Limits Kara H - 25 Nov 2005 04:07 GMT > Obviously, they can't state the code because there are defenses > against this. Dorothy (bear with me here!), I was in a very minor accident right where the red star is on this map (http://tinyurl.com/aoo74 - zoom in all the way). I was headed north east on Madison Rd. and veered east towards Observatory Ave. (where the east-bound arrows are). There is a yield sign right at the red star. The car in front of me stopped at the yield sign and then proceeded. I checked again to make sure the car in front of me had gone and that there were no cars coming southbound from Dana Ave. and then I, too, proceeded. As I looked up, the car in front of me accelerated VERY quickly and then suddenly slammed on its brakes and began making a u-turn (it was obvious that the driver was attempting to read street signs at the yield) with no turn signal or any indications. Before it was even clear WHAT was happening, I had attempted to swerve but barely clipped the rear of the guy in front of me. The girl behind me then rear-ended me. It was quite an odd situation because a state trooper happened to be driving by just following the incident. I don't think we would have called the police otherwise. Of course he called for the police. The guy in front of me barely had a scratch and my only issue in the front was a cracked turn signal and small dent below it. The guy in front of me knew that what he was attempting to do was illegal and knew that he was at fault in that sense. He did, however, have the nerve to ask me about where a certain street was because he didn't know where he was going (evidence that he was lost, again)!! Oddly enough, he didn't even get my insurance information because he said he would take care of it himself b/c it wasn't much and he apologized a million times and blah blah blah. I don't think either of us were aware that you didn't HAVE to file a claim, though. This then meant that I had to go to court (I was under 18) and received a ticket as well as hiked-up insurance. It was quite a bizarre situation because as soon as the cop was finished with the guy in front of me he went to the first driveway and turned around and sped off (confirming the fact that he was going the wrong way). Now, I completely understand the whole issue about leaving enough space to stop though in my case it really became a null issue because there was no way to know what he was going to do with watching for oncoming traffic at the yield sign and the accelerating, etc. I can live with taking responsibility for that, though. HOWEVER, I think that the fact that he was, without a doubt, attempting to make a u-turn in the middle of the road should have been taken into consideration at this point. Any attempts I made to discuss this with the cop were ignored despite me being completely respectful and civilized. Now, this could be an issue of 17 year old teenager vs. old man driver and the cop just assuming that I didn't know what I was doing. But, am I completely wrong to think that the u-turn situation should have been explored? Even if it meant we BOTH got cited. It's still frustrating to think about! Thoughts?
-Kara.
toto - 25 Nov 2005 04:14 GMT >HOWEVER, I >think that the fact that he was, without a doubt, attempting to make a [quoted text clipped - 5 lines] >that the u-turn situation should have been explored? Even if it meant we >BOTH got cited. It's still frustrating to think about! Thoughts? I would think that this might be a case where both drivers were at fault at a minimum. Was making a u-turn legal at that place in the road? I suspect you are correct that the issue could have been explored though the presumption is that the driver who rear-ends the car *is* at fault. What about the insurance companies? It seems to me that your insurance company might have helped you in this situation.
Also, I am sure that your age probably did count against you with the policeman. In general, adults seem to presume that teenagers are too new to driving to be keeping track of everything they should be watching.
-- Dorothy
There is no sound, no cry in all the world that can be heard unless someone listens ..
The Outer Limits
Kara H - 25 Nov 2005 04:32 GMT > I would think that this might be a case where both drivers were at > fault at a minimum. Was making a u-turn legal at that place in the > road? Yes, u-turns are illegal there. This is a relatively busy residential street. It is my understanding that u-turns are illegal in Ohio, and this is even more true if there are cars approaching in EITHER direction (as I was approaching from the rear and there were cars headed towards us as well that I believe he was trying to 'beat').
>I suspect you are correct that the issue could have been > explored though the presumption is that the driver who rear-ends > the car *is* at fault. What about the insurance companies? It seems > to me that your insurance company might have helped you in this > situation. I was not allowed to work with the insurance company as the insurance is not in my name. My premium rose because of the ticket ONLY because no damages were claimed against my insurance (on my side or his)
> Also, I am sure that your age probably did count against you with > the policeman. In general, adults seem to presume that teenagers > are too new to driving to be keeping track of everything they should > be watching. Yes, I think you are right. This logic always bemuses me a bit, though, because many of this situations do NOT have to do with experience. I don't think my situation would have ended any differently had I been driving for 20 years rather than almost 2 years. You know? That's not to say that a lot of accidents involving teenagers DON'T have to do with lack of experience or outside distractions.
-Kara.
Knit Chic - 25 Nov 2005 03:06 GMT >> Nope, not always. But a lot of people think that. I will say that is >> true [quoted text clipped - 9 lines] > it could be different where you are, but here, if you RE someone its your > fault, the law pretty much says if your too close to stop, your fault. oh .. and I guess what I posted that happened to me was a lie? what ever .. not worth my time ...... /sigh
Kara H - 25 Nov 2005 03:32 GMT > oh .. and I guess what I posted that happened to me was a lie? > what ever .. not worth my time ...... > /sigh Eeep.
Kat, Leanne is in Aus and I don't think she was trying to offend you in any way. She was just stating that where she is, the law says that it's your fault if you rear-end someone. I have no doubt that you know what you are talking about in OUR country but Leanne was saying that it depends on where you live. Nothing to get defensive about.
-K.
Leanne - 25 Nov 2005 03:44 GMT > Eeep. > [quoted text clipped - 5 lines] > > -K. Thats exactly what I meant, Thanks Kara.
Mamma Mia - 25 Nov 2005 04:14 GMT >> oh .. and I guess what I posted that happened to me was a lie? >> what ever .. not worth my time ...... [quoted text clipped - 9 lines] > > -K. ditto.
come on, lets all hug and be friends and have a happy friday post/
chris also in oz, where RE is always your fault
Caroline - 25 Nov 2005 19:12 GMT no she was at fault just didnt' want to take responsibility... and we were okay car just has a 6 inch crack in bumper easily fixed
Caroline
> Caroline mentioned in passing : >> [quoted text clipped - 8 lines] > > -Aula Stara Baba - 27 Nov 2005 13:34 GMT > no she was at fault just didnt' want to take responsibility... and we were > okay car just has a 6 inch crack in bumper easily fixed > > Caroline Let us know how much it costs to repair. :-) Easy ‚ Inexpensive. :-( Glad you're safe.
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Plissken - 25 Nov 2005 01:11 GMT > we had some snow tonight and I got rear-ended. Yet it was my fault > because I stopped too quickly. WTF maybe if you weren't > TAILGATING!!!!!!!!!!!!! sorry been a long night and in really bad mood > right now! > > Caroline Uh, who said it was your fault? Insurance company or the driver. I'm fairly certain the person who rear ended you is at fault. If your insurance company says otherwise get a lawyer or at least tell the insurance company you will be hiring a lawyer.
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Kara H - 25 Nov 2005 04:10 GMT > we had some snow tonight and I got rear-ended. Yet it was my fault > because I stopped too quickly. WTF maybe if you weren't > TAILGATING!!!!!!!!!!!!! sorry been a long night and in really bad mood > right now! Uggggh! That's very frustrating, Caroline! I was wondering, though, who found you to be at fault- the police officer? insurance? other driver?
Hang in there! -K.
Caroline - 25 Nov 2005 19:15 GMT driver tried to blame me... we didn't have to put it through insurance
Caroline
>> we had some snow tonight and I got rear-ended. Yet it was my fault >> because I stopped too quickly. WTF maybe if you weren't [quoted text clipped - 6 lines] > Hang in there! > -K. Stara Baba - 27 Nov 2005 13:30 GMT > driver tried to blame me... we didn't have to put it through insurance > [quoted text clipped - 10 lines] > > Hang in there! > > -K. LOL!! So because the driver who hit you said it's your fault, you're buying it?
Tip for if you're ever involved in an accident: Don't let the words, "I'm so sorry" come from your lips. A lawyer sees that as an admission of guilt. Say you want to exchange DL and insurance information, decide if the police should be notified so a report is filed, ask how the other driver's grandmother is feeling, but don't say "I'm sorry," It's the natural "polite" thing to do -- don't.
 Signature http://www.jamlady.eboard.com, updated 11-23-05 - Potica !
Stara Baba - 27 Nov 2005 13:25 GMT > we had some snow tonight and I got rear-ended. Yet it was my fault because > I stopped too quickly. WTF maybe if you weren't TAILGATING!!!!!!!!!!!!! [quoted text clipped - 3 lines] > > Thanks for letting me vent Who said it's your fault? In MN, if I hit you from behind, it's my fault.
 Signature http://www.jamlady.eboard.com, updated 11-23-05 - Potica !
Mermaid - 29 Nov 2005 00:53 GMT > we had some snow tonight and I got rear-ended. Yet it was my fault because > I stopped too quickly. WTF maybe if you weren't TAILGATING!!!!!!!!!!!!! [quoted text clipped - 3 lines] > > Thanks for letting me vent Oh no! Well... lets see... you have insurance and they don't?
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