Trafi was slow on the freewey and i was going maybe 15-20 mph and signaled and checked my blindspot and pulled into the carpool lane. I then heard a lond screetch for about 3-4 seconds and was hit in the rear drivers side of my trunk and bumper. The driver then proceeded to loose control of her vehicle and hit the median and flip onto her side.
I am trying to first find out if anyone out there can tell me who might be a fault and what the process is for this accedint since this is my first accident.
2006-09-07 08:09:59 · 12 answers · asked by algrellmann 1 in Cars & Transportation ➔ Insurance & Registration
Well in every state the person who hits you from behind will be held responsible because they were technically following too closely...but in some states that doesnt matter, such as NY state..they have No fault insurance rules so that no matter who was involved each persons individual insurance takes care of it..it sucks but there is nothing you can do about it.
2006-09-07 08:16:15 · answer #1 · answered by Anonymous · 3⤊ 0⤋
The only one who would know is in the upside down car or a witness. Rule of thumb is to never merge on the Interstate when traveling less than the minimum required speed (40 MPH) in most places. Your accident is one of the largest problems with the Carpool lane. You should also write your state senator about this danger (probably some good stats on google to support your case). Unfortunately if you were only going 15-20 and merged it is probably your fault as the other guy didn't have a chance with a 55 MPH close rate on you. What did the cop say?
2006-09-07 08:22:29 · answer #2 · answered by Drewpie 5 · 0⤊ 0⤋
It would be her fault for not using due care or at least what I have learned from previous accidents. In almost any state if you are hit from the rear and there are no witnesses the other person is automatically responsible for the accident.
As far as the process, first call the police and wait for them. If you are not deemed at fault call the other persons insurance company and give your statement. If you are deemed at fault call your insurance company and explain everything to them. After you have done this either insurance company will be contacting you, if they don't contact you back within 1 week start calling them every 3 days to get a status update.
A comment to another posting about NY being a no fault state. I have to say that there are gray areas there. Florida is also a no fault state however I have been in 2 accidents that were not my fault and the other persons insurance company had to pay for it.
2006-09-07 08:19:45 · answer #3 · answered by angei0809 3 · 0⤊ 0⤋
I'm not sure where this happened, and each state is different with regard to what form of negligence they use. If you did not have possession of the lane (3-4 seconds is not very long when you're dealing with the freeway) it could be determined you cut this person off and gave them little to no time or room to stop. However, most of the time, when you are rear-ended it's the rear-enders fault. Without all of the details it is difficult to say. If you're found to have some neligence, it's possible if you're in a comparative negligence state that you won't get 100% of your damages paid.
2006-09-07 10:02:38 · answer #4 · answered by Chris 5 · 0⤊ 0⤋
If you were first of all, entering the car pool lane at the proper entrance and qualify to be in the car pool lane then I think you are not at fault. In addition it may not be your fault regardless of the above mentioned info, almost all rear end accidents are the fault of the driver that does the rear ending. The law in most states is that a driver is to be in control of the car at all times, rear ending another car is considered following too close. I could be way off base but I wish you luck, hope your not hurt.
2006-09-07 08:23:26 · answer #5 · answered by sideways 7 · 0⤊ 0⤋
From what you've decribed there wasn't adequate room for you to change lanes. The fact that she hit you on one side and not dead in the rear tells that story.
The truth of the matter is that she was probabally going too fast and obviously didn't have great control over her car. The best you can hope for is a no-fault finding.
2006-09-07 08:16:43 · answer #6 · answered by soaplakegirl 6 · 1⤊ 0⤋
i'm not sure if the rules differ from state to state but In my state if your rearended its the driver who hit you fault for not being able to control their vehicle. They and any driver is to have full controll over the vehicle at any given time, so if you hit someone in the rear you were probably going to fast to bring your car to a stop on time.
I would have to go with its therei fault. Good luck
2006-09-07 08:42:48 · answer #7 · answered by Tigger7 2 · 0⤊ 0⤋
Sounds like you didn't do a very good job of checking your blind spot. If you just looked in your mirror without looking over your shoulder to clear it, you probably cut the other driver off and caused the accident. When you checked your blind spot, where was the vehicle that hit you?
2006-09-07 08:47:48 · answer #8 · answered by Bostonian In MO 7 · 1⤊ 0⤋
If you cut her off then you would be. Generally if you are hit in the rear it is the other persons fault. If you do not signal, or yoour brakes lights don't work then again it would be you. I hope the woman in the other vehicle was not injured.
2006-09-07 08:23:06 · answer #9 · answered by Thomas S 6 · 0⤊ 0⤋
It is obvious the other driver had the right of way. You pulled into her lane. You need to report this to your insurance company immediately. There should be a police report also. My opinion is you were at fault
2006-09-07 08:17:06 · answer #10 · answered by Theresa B 2 · 1⤊ 0⤋