I was driving down an interesection with a green light. The speed limt on the road is 50MPH (whohhooo Irvine!) A car came in from a cross street (which had a red light) made a sharp right turn on to the road, cut across 2 lanes(without a turn signal) and came in to my lane. I braked and honked my horn but couldnt stop in time and ended up rear ending him. There is minor damage to my car. Is it still my fault? Can I still file a claim with his insurance to get my repairs. Thanks!
2006-08-11 14:55:51 · 7 answers · asked by subxmission 1 in Business & Finance ➔ Insurance
Just file a claim through your insurance agent. Be sure to include copies of any Police Reports. Let the insurance companies hash it out. (They were the ones that wanted NO-FAULT).
2006-08-11 15:02:17 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You can try, it will depend on where in the back of his car the damage is - if it's square on the center, they're going to call this your fault unless you have a witness to back up his cutting in front of you. If the damage is towards the side of his bumper, it's evidence that he was NOT squarely in front of you (ie, he was changing lanes in front of you) when he stopped, and then you have a good chance of collecting under his policy.
In either case, it's probably going to end up going to mediation to figure this out, so you're going to HAVE to have your insurance company work this claim on your end for you. Make sure you call your agent and ask for an update every month or so, so no one drops the ball on this.
2006-08-11 22:08:46 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
If the other driver ran a Red Light, they are at fault. This could be hard to prove if there are no witnesses. Who did the police issue a citation to? If there is not police report, you are both guilty of leaving the scene of an accident. I've never heard of a 50mph limit at a traffic light. Sounds dangerous to me.
2006-08-12 14:37:19 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
If he was the one that ran a red light then he is the one that should be at fault. was a police report filed? If so then yes you can make a claim to his insurance. Careful though he might fight this because it is a tricky situation.
2006-08-11 22:02:04 · answer #4 · answered by cosmic beauty 3 · 0⤊ 0⤋
If you have witnesses that he came across both lanes into your lane (which would be a violation) then you are not at fault.
2006-08-11 22:02:07 · answer #5 · answered by dork_hollywood 3 · 0⤊ 0⤋
You could well be screwed here. Generally, if you hit someone behind the rear wheels, especially if it's straight on, then you're cited for failure to maintain assured clear distance.
2006-08-11 22:03:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It's been sometime since I took an exam but I seem to recall that in CA. if you hit the rearend, your wrong. thats a period
2006-08-14 22:50:37 · answer #7 · answered by olemerv2000 2 · 0⤊ 0⤋