Last night I was involved in a very severe accident. I hit the back of the other car while either he was stopped in the fast line or was going by 10 mi/hr. I was going 65mi/hr and I dont think I had any chance for any maneuver. When CHP arrived they suspected other cars driver and I guess they were doing DUI test on him.
finally they decided to arrest him but he hit both officers and tried to escape and finally got arrested.
my question is even though I hit him from the back do I have any chance for not being at fault?
if you are saying that I am at fault how much is that gonna influence my insurance is it going to be doubled ?
2007-01-13 14:12:38 · 7 answers · asked by Mike 1 in Cars & Transportation ➔ Insurance & Registration
My car is totally destroyed and CHP didnt tell me anything he just gave me a report number and took the other cars driver.
2007-01-13 14:30:12 · update #1
Despite popular opinion and bad advice from lots of people, if you rear end another car it is NOT always your fault. Drivers are required to maintain a minimum speed while traveling on freeways and interstates, drivers are also required NOT to crash into another vehicle. If this guy was indeed DUI, assaulted the police officers and attempted to escape it is looking pretty darn good for your side of this situation. Just pray he has insurance as you will not see a dime from him for at least three years (that's about how long he will live in the care of the state). Let your insurance handle all of this mess. They are much more equipped and experienced to settle a rotten situation like this.
2007-01-13 14:23:28 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Don't know about CA, but the law here says that no matter what other circumstances are, if you're the last car in an accident, you get the ticket. I am not being mean but it sounds as though you were not paying attention if you don't know he was stopped or actually moving. If you didn't have time to maneuver, then in the law's book you failed to reduce speed to avoid an accident. Although he was arrested, you are not without some fault and will probably get ticketed as well. If you have good insurance and, other than this incident a good driving record, and presuming you aren't under 21, your insurance may slightly increase, but I doubt it will double.
2007-01-13 22:22:28 · answer #2 · answered by Mickey 6 · 0⤊ 1⤋
What did CHP charge you with? I would guess "Following too closely" might be one charge. Even though the other driver may have been drunk or just a terrible driver, you always need to have an "escape route" in an emergency to stay out of harm's way.
As for your insurance, why not ask your agent? If you are not at fault, it should not go up as much as it would if you were at fault. Depends on your age and previous driving record, also.
2007-01-13 22:27:13 · answer #3 · answered by cargo 2 · 0⤊ 1⤋
Because he was drunk, the insurance may say there is some liability on him. However, the primary cause of the accident was you striking him and really, his alcohol usage did not contribute to the accident (he was still a car proceeding in his lane of traffic and you were traveling too fast to properly avoid any hazards).
While you may not be found 100% at fault, you will hold majority (if not almost complete) liability for the loss.
And as for your rates, you need to speak to your insurance company. They take a lot of other things into account other than one accident.
2007-01-14 09:14:06 · answer #4 · answered by jerry 5 · 0⤊ 1⤋
if the other party was drunk and moving that slow and traffic was moving at your speed you will not be or should not be cited you have big enough issues tring to get your care fixed
2007-01-13 22:17:50 · answer #5 · answered by tiny likes clams 3 · 0⤊ 1⤋
were you ticketed??if not you will have to get a lawyer i wouldn't worry about it to much ..
2007-01-13 22:48:52 · answer #6 · answered by nathan d 1 · 0⤊ 1⤋