And I drove over it on the Highway the owner came back. Will my insurance pay or hers. Someone told me that it’s my fault for running over it and not giving enough cushion space. (Mass law) will my insurance go up or hers or both?
2006-10-03 17:19:46 · 11 answers · asked by quwii 2 in Politics & Government ➔ Law & Ethics
It was the other drivers fault, and you're lucky you aren't dead.Do not assume the blame for this, it is simply not your fault that you had the misfortune of driving behind a negligent person.
2006-10-03 17:44:41 · answer #1 · answered by hott.dawg™ 6 · 0⤊ 0⤋
It sounds like an accident. If you have accident coverage with your insurance agency (which is required by almost every state), then talk with them. Call their hotline and explain the problem to them.
Whenever the driver behind someone is involved in an accident then the court will rule that driver to have at least partial responsibility for the accident. Basically you shouldn't have been following this guy. Sounds stupid, but that is the rule in practice. You can be considered to be going to fast, not giving enough following room, or something similar. The Insurance Company will understand this.
I had an accident recently where I hit a Volvo and did $1,500 damage to my car. The insurance company paid off both claims and they haven't boosted my rates. Now I am afraid to leave them because anyone else would hold that accident against me and so raise my rates. Oh, to top it all off my Insurance had expired a few days before the accident and they still covered me. Of course I renewed with that company.
I don't think that your insurance company will hold this accident against you, unless you have a string of accidents. The guy whose mattress you ran over does have a point, you shouldn't have done that. I know it was unavoidable, but life isn't fair, and now you have to pay for that unfairness.
See how much the mattress costs, and how much your insurance deductible is and see if it is worth paying for it yourself, or calling in your insurance company.
2006-10-04 00:36:00 · answer #2 · answered by Dan S 7 · 0⤊ 1⤋
I don't know about the laws in your state, but I think it should be the other persons responsibility since it was their fault. It was their mattress that was not properly tied down. What if you had slammed on your brakes to avoid running it over & caused an accident that ended up hurting someone?? I'd rather run over a mattress than cause a bad accident. Mattresses don't rack up hospital bills if you run them over.
2006-10-04 00:49:19 · answer #3 · answered by yobaby 3 · 0⤊ 0⤋
I believe it will be primarily the person who dropped the mattresses fault. Having said that, insurance companies seem to use any excuse to raise rates!
Be more careful and increase your following distance. A mattress may not be fun to hit - but it would have been much worse for you if it had been a load of contruction materials!
2006-10-04 00:28:51 · answer #4 · answered by tigglys 6 · 0⤊ 0⤋
it is her falut for not affexing it properly to the car. If you are on a freeway driving 65 using the 3 second rule there is still no way you would have missed it it is her fault. If a person dose not attatch the something to the vehicle properly the it is the fault of the driver
2006-10-04 00:31:53 · answer #5 · answered by Coconuts 5 · 0⤊ 0⤋
When it comes to insurance it's different in all states. You should of called the cops as soon as this happen they would have been able to tell you. Who was at falt and who has to pay. But if you did not do that then just call who ever it is you have insurance with and they will tell you.
2006-10-04 00:29:35 · answer #6 · answered by hdchackz 5 · 0⤊ 0⤋
Talk to a lawyer for the best possible answer. In some states, she would be at fault for failing to properly secure something on the outside of her car. In others, you might be cited for following too closely.
The only one who can answer that is a good traffic lawyer. Also contact your insurance agent and set up an appointment to talk to them. A lot of times, they handle the legal details for you.
2006-10-04 00:28:19 · answer #7 · answered by Wolfeblayde 7 · 0⤊ 1⤋
You are not required to assume that the vehicle in front of you will drop its load on the road. It's entirely the vehicle in front's fault.
Your insurance should not go up.
2006-10-04 00:22:55 · answer #8 · answered by Daniel M 3 · 0⤊ 0⤋
there insurance will be libel, They are not allowed to carry a mattress on the roof of a car don't worry, You did nothing wrong.
2006-10-04 00:28:23 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I would say it's both faults but the case should be in your favour because he is supposed to make sure nothing falls off his car.
2006-10-04 00:25:47 · answer #10 · answered by www.mrcooldude.com 2 · 0⤊ 1⤋