I had an an accident three days ago and i just got the police report,
i m providing the description of the accident that is written by the cop in the police report, the driver in rear hit my car.
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mine is vehicle # 1 and
his is vehicle #2
here's the description,
driver of vehicle #1 [me] states that he was stopped at the stop sign, when he was struck in the rear by vehicle #2. driver #2 states he was stopped behind vehicle #1, when vehicle 1 moved forward to enter rt 1-9 then stopped suddenly causing him to struck the rear of the vehicle 1.
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as per the drawing in the report it is shown that my car is stopped
before the stop sign.
Can someone advise me in this case.
2006-08-24 03:45:28 · 7 answers · asked by milind 1 in Cars & Transportation ➔ Insurance & Registration
It's likely you will prevail, but it's possible the insurance company may argue that you contributed with your sudden stop. Yes, the person behind you needs to keep a safe distance and speed to avoid hitting you, but if there's proof that you stopped and didn't need to, they may try to put some negligence on you and reduce how much they pay on the claim.
It's not uncommon for people to pull from stop signs and have to slow or maybe even stop depending on what is going on with the other cars at the intersection. It's also not unusual for him to have thought you were going, be looking elsewhere and the next thing he knows, he's hit you. Taking all this into consideration, you would probably get most if not all of your damages paid.
And police report diagrams are not what determines liability. If they were good at drawing the scenarios, they'd be selling their art instead of enforcing the law.
2006-08-24 10:34:38 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
I'd make one change, near the end.
Driver #2 states he was stopped behind vehicle #1 at the stop sign when vehicle #1 then moved forward to enter Rt 19. Vehicle #2 then also proceeded forward, upon which Vehicle #1 stopped suddenly causing Vehicle #2 to strike the rear of Vehicle #1.
The error of the above statement by Driver #2 is proven by location of Vehicle #1 after the accident, which locates it behind the level of the Stop sign proving that Vehicle #1 had not moved when it was stuck from behind.
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This case is pretty easy to win on both counts. First, if the guy struck you and you were sitting still (you did get photos and witnesses, right?) you have him dead to rights. Second, if he says you moved and then you stopped suddenly, you've also got him for following too closely. Striking a car in the rear is almost ALWAYS the fault of Vehicle #2.
If you are going to court, I'd consider consulting a lawyer to be sure in your area, but it seems pretty cut and dried. Oh, and again, get witnesses and proof of where your car was when it was struck. This is the key point in your description above.
2006-08-24 03:54:27 · answer #2 · answered by Marvinator 7 · 0⤊ 0⤋
New Jersey auto claims are adjusted under the modified 50% rule which states that you have to be 50% or more not at fault to collect. Depending on the insurance co, you should receive 100% of your damages. However, as you state the Police report shows your vehicle BEHIND the stop line-- this works in your favor. Based on this, submit your damages to the other person's insurance co, you should be able to fully collect for damages to your vehicle.
2006-08-24 04:33:50 · answer #3 · answered by deadcars42 3 · 0⤊ 0⤋
Doesn't matter -- #2 has an obligation NOT to run over you. You should be fine unless you did it on purpose. If you were forced to stop due to traffic conditions it is incumbent upon #2 to avoid and control his vehicle. Just stay cool, be honest and very clear when you talk to the adjuster.
2006-08-24 06:47:10 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Who received the ticket? I wouldn't even take it to court, let your insurance company fight it out with his insurance company. 95% of the time the person who rearended the other car is put at fault. Like someone else said, even if you were moving and stopped and then he hit you he was still following too closely. If they other guy received a ticket then it is already declared his fault.
2006-08-24 04:10:02 · answer #5 · answered by mlc24_1980 3 · 0⤊ 0⤋
I don't see how it makes any substanial difference. It's better because he admits rear ending you.
2006-08-24 04:02:56 · answer #6 · answered by woodluvto 2 · 0⤊ 0⤋
Why would you want to win an accident? What would you do with it?
2006-08-24 03:51:04 · answer #7 · answered by ranger beethoven 3 · 0⤊ 0⤋