Rearender Law? If someone pulls directly in front of you and hits their brakes and you hit them because you didnt have time to stop that quick. Whose fault is it? I hear that its always the rearenders fault but how could you be expected to stop if they pull in front of you and hit their brakes. Whose insurance should pay for the damages? And who gets the ticket from the cops?
2006-10-27 05:37:25 · 8 answers · asked by Jewelz 2 in Cars & Transportation ➔ Insurance & Registration
I think it depends on what you mean by "pulls directly in front of you". I'll give two examples in which I don't think it would be your fault.
1) You are on a public road, and someone turns right from a parking lot or from a side street directly in front of you, in your lane. You immediately hit your brakes but are unable to avoid rear ending the other vehicle.
Not your fault. You have a duty to follow at a safe enough distance that you can avoid rear ending a vehicle if it has to come to a sudden stop. You can't help if someone enters traffic when it's unsafe to do so.
2) You are on a multi-lane highway, and the other vehicle changes into your lane & hits its brakes. You are unable to stop in time to avoid rear ending that vehicle.
Not your fault. You had control of the lane, and the proximate cause of the accident was the other driver changing lanes when it was unsafe to do so.
However what will probably happen is that the other driver will say "Pulling from a parking lot? Changing lanes? I had been in front of her for at least a mile, and she was following too closely!".
It's best to try to handle the damages through your own insurance company and let them sort it out with the other carrier. If it's your word against the other driver's with no police report or witnesses, you'll both have to go through your own company anyway. Good luck.
2006-10-27 06:47:52 · answer #1 · answered by ezlndylan 2 · 0⤊ 0⤋
Forget tickets. Tickets don't matter in insurance investigations. Every case is different. If you are "cut off" and rear-end someone you are not at fault. There are many issues here, such as how long had the person been in the lane before being struck in the rear, how fast the vehicles were going, how much room did the person leave when cutting over? So this is in no way an answer to any specific question and does not apply to all accidents, but that's how it works.
Now, if you rear end someone who had been in front of you for some time and stopped, etc. that's different. These little changes in detail change liability situations.
2006-10-27 09:25:58 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
I still think it would be the fault of the rear driver, failure to control your speed. You would be told that when you saw them entering your lane you should have slowed up or applied the brakes to avoid any collision. It sux but your only way to get out of it would be if they cut you off and had no brake lights and this was determined at the scene by an officer.
2006-10-27 06:03:53 · answer #3 · answered by kna0831 3 · 0⤊ 0⤋
you're obligated by technique of the words of your coverage to teach in an twist of destiny you're fascinated in. you probably did property damage to a lightpost and a pair of timber. In Calf. you'll have had to document the twist of destiny to DMV. Failure to finish that would have resulted on your license being suspended. Your good cost would or received't boost, searching on the coverage organization you're insured with. Probibly not.
2016-12-05 07:10:09 · answer #4 · answered by kobayashi 4 · 0⤊ 0⤋
It would depend on the point of impact on the other persons rear bumper. If it is dead center it shows that the other car was already established in that lane and you were following too closely. If the damage is off to the side it shows that the other car was in the process of changing lanes in front of you.
2006-10-27 05:46:36 · answer #5 · answered by Final Answer 3 · 0⤊ 1⤋
Always the rearenders fault unless the person that slamed on their brakes admits to it.
2006-10-27 05:45:55 · answer #6 · answered by ? 3 · 0⤊ 1⤋
You would need the person that slammed on their brakes to admit it or an independent witness that says so. Otherwise it is your word against their's and they win.
2006-10-27 05:47:55 · answer #7 · answered by Johnny 3 · 0⤊ 0⤋
Witnesses, get witnesses to attest to your story.
2006-10-27 05:48:27 · answer #8 · answered by Anonymous · 1⤊ 0⤋