details:
I was in a wreck, I was driving in the opposite lane of this car, as I went to merge into the next lane over to exit, another car either sped up and prevented me from entering, when I noticed the car, I jerked back into the lane I was coming from and started hydroplaning, i spun on the road and and the other car started spinning as well and hit a third car, i ended up being stopped by the guardrail, as well as the other 2 cars....my witnesses say i never hit the car, (which is what happened) where the other witnesses say i did...what should I do, I was also issued a ticket for unsafe lane changing which i am contesting.
2006-10-17 10:34:43 · 8 answers · asked by manthisisgr8 2 in Cars & Transportation ➔ Insurance & Registration
i'm in texas BTW
2006-10-17 10:50:36 · update #1
in mminnesota its nobodies fault
2006-10-17 10:38:29 · answer #1 · answered by stalkin ya 4 · 0⤊ 1⤋
When a vehicle is hydroplaning, there is not contact with the actual road surface, you are sliding just above it, floating on the water so to speak. That only happens if the speed of the vehicle is high enough that the tire cannot displace enough water to allow rubber-to-concrete contact. You are responsible to drive according to conditions, and you weren't. Sorry, but hitting the guardrail without hitting another car is still an at-fault single-vehicle accident, and the land change was obviously unsafe at that speed. Contesting the ticket may get a reduced fine, but I highly doubt it will get it thrown out, and it shouldn't be.
2006-10-20 22:29:46 · answer #2 · answered by Fred C 7 · 0⤊ 0⤋
OK, you're at fault for your own accident, and guardrail. I'm not sure which other car started spinning, likely he's at fault for his damages, and the third car he hit. Likely there will be a long lunch with all the adjusters sitting down to sort things out, and possibly an accident recreation. Believe me, they WILL be able to tell from the damage (paint colors, etc) who hit whom. Usually that stuff happens so fast that witnesses aren't particularly reliable, however, if you ended up on one side of the road, and the other two guys on the other side of the road, you probably are not going to be at fault for the other two cars, just your own.
You don't have a snowball's chance in heck of beating that ticket - you changed lanes, lost control of the car due to water on the roadway, and had an accident. You're lucky you didn't get written up for reckless driving or driving to endanger.
BTW, on the chance you ARE at fault for everyone's damages, I really, really, really hope you don't have minimum limits. Because then you'll be writing a check for the difference.
2006-10-17 18:34:12 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
Whether you had contact with the other vehicles is not the issue. It's whether your actions or failure to act in some way resulted in someone's damages. Hydroplaning is a loss of control, plain and simple. If your spinning caused this other car to spin while avoiding you and then an accident happened, you are at fault.
There can be some arguments made about the other car's failure to control, etc., but that's something your insurance company needs to investigate. Tickets are not part of liability investigations. Whether you got one, were convicted, charges were dropped, etc. does not affect the decision your carrier will make. With liability, you don't have to hit someone to be at fault. You have to be the cause. Good luck!
2006-10-17 21:31:33 · answer #4 · answered by Chris 5 · 0⤊ 0⤋
If you were hydroplaning, you were driving too fast for conditions so you bear at least some fault. If you were moving to the right and the driver failed to yield to you, he bears some fault as well.
In TX, a vehicle changing lanes to the right on a multi-lane highway has the right of way over a vehicle overtaking from the right rear.
Fight any tickets, but the insurance companies will sort out fault. Who gets a ticket for what may or may not play into their decision.
2006-10-17 18:32:14 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Well, all states have their own rules but as a country all the insurance companies require you to be in "control" of your vehicle at all times! Sorry, but the insurance companies going to have a field day on this blaming all three drivers to increase premiums but you will more than likely bare the burden of fault due to "unsafe lane change"! Accidents happen and that's what we have insurance for, so no need to let it get to you! Just try and learn from your experience and be a better driver next time around!
2006-10-17 17:46:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Following the rule of thumb for the majority of insurance claims I've ever dealt with, the more complicated and long-winded a explanation is provided its more likely than not that the person giving it is at fault.
:p
2006-10-17 18:15:11 · answer #7 · answered by jason12211 3 · 0⤊ 0⤋
good luck to yu :)
2006-10-17 17:43:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋