I recently was in a car accident. I rear ended a vehicle infornt of me who; suddenly hit his brakes. He hit and ran. I have full coverage insurance. They found out who it was and it was a 18yr without a driver license. Who was under the influence of alcohol. He was arrested and had insurance which was under the parents names. What is going to happen??? Am I at fault. I do not believe so...
2006-11-15 09:46:56 · 7 answers · asked by roxannafw 2 in Cars & Transportation ➔ Insurance & Registration
Not sure.
It has always been my understanding that if you rear end someone, you are automatically at fault. The other factors (DWI and fleeing the scene) that you mentioned may change this.
A few years ago, my sister-in-law had an accident. No one involved had a driver's license. The insurance did not pay because it only covered license drivers. There were no additional factors though.
Someone backed into my husband last year, and the insurance paid, even though the lady had no license. Again, no other factors to consider.
So I guess it depends on the insurance company.Your own full coverage will pay for your damage, but your rates will go up. As far as the other guys damage, I guess if he wanted it taken care of he would not have fled the scene!
Sorry if I wasn't much help. Hope you weren't injured in the accident, and I wish you luck. Personally, I wouldn't worry about it. Try to get his insurance to pay, and if not, you're covered.
2006-11-15 10:03:05 · answer #1 · answered by Anonymous · 1⤊ 0⤋
None of that stuff on his part caused the accident. If not for your failure to keep a safe following distance and speed and keep your vehicle under control you would not have struck him in the rear. Your insurance company will probably have to pay for his damages. There could be some argument made that he contributed by hitting his brakes, if it can be proven that he stopped suddenly or for no reason, but that's a thin straw at which to grasp.
People often get very confused about legal liability when details like no license or even DUI enter the picture. It's not a successful defense argument that if the unlicensed driver hadn't been on the road he wouldn't have been rear-ended by you. That's not the cause, and while his perceptions and reactions may have been affected by his drinking, he didn't cause himself to get rear-ended either.
2006-11-15 13:41:48 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
No you are not at fault, even though you hit the guy in the rear, but the fact that it was someone without a license, driving under the influence and he left the scene automatically puts him at fault.
2006-11-15 12:44:51 · answer #3 · answered by bobby 6 · 0⤊ 0⤋
You have not listed enough information to properly answer your question. If he stopped short, than you may not be at fault. Look at the police report, it will usually assign fault, i.e. following too closely, braking suddenly, ran stop sign/signal, and so on. In either case your insurance should cover you. You will probably have to go to court and testify as to who was driving the car.
2006-11-16 17:04:09 · answer #4 · answered by crashguy351 2 · 0⤊ 0⤋
Unknown -- not enough facts yet. Keep in mind that just because he was drunk and driving without a license does NOT absolve you of your obligation to avoid an accident. Call your insurance company, cross your fingers.
2006-11-15 11:52:12 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If I'm knowledge this proper it sounds such as you have been pulling out of a car park to show left onto a freeway. The freeway is four lanes on either side. The two lanes of site visitors closest to you, heading the reverse approach of the best way you have been turning stopped to will let you pull out in entrance of them to show. The girl that hit you used to be visiting within the third lane over (out of the four lanes that you just have been crossing in entrance of to show)? If that is the case than you're at fault. The girl that hit you had the proper of approach. Even although the two lanes of site visitors have been waving you on, you continue to didn't have the proper of approach. It does not subject that her brakes have been going out. I have labored as an coverage agent for the beyond nine.five years & I have obvious a number of injuries similar to this one. In they all, the man or woman that used to be pulling out in entrance of site visitors to show left used to be deemed at fault. Hope this is helping.
2016-09-01 13:08:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You hit him and your not at fault how??? that said, the fact that he left, didn't have a license, and was drunk will likely mitigate that fact that you're at fault for the accident and thus limit your liability.
2006-11-15 10:01:16 · answer #7 · answered by iwingameover 5 · 1⤊ 0⤋