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One of his break lights wasn't working at the time. Will my insurance company take that into consideration? Is it part my fault and part his? Or will I be better off just paying for this myself?

2007-02-09 06:07:28 · 34 answers · asked by Anonymous in Cars & Transportation Insurance & Registration

34 answers

The way that insurance companies look at things, if you hit them in the back, it is almost always your fault. They call it "Failure to control speed." It is hard to fight it. You can try, but you will probably be wasting your time. I have been there and done that.

2007-02-09 06:11:32 · answer #1 · answered by Tony 2 · 10 0

Regretably, your insurance company is most likely to assume that the rear vehicle (the one that was moving) is at fault.

Brake lights or not, YOU are responsible for driving your vehicle safely and being able to stop in time. Control of speed, observation, safe distance etc. are all under your control.

Unless you can prove that the other vehicle reversed into you whilst you were stationery with the hand brake on, you are going to have a hard time.

Be aware that there are some insurance fraudsters around who will cause accidents and defraud your insurance company.

Drive safely.

2007-02-09 06:17:35 · answer #2 · answered by David P 7 · 1 0

Yes. That one of his *brake, not **break, light wasn't working is beside the point. What if he had totally stopped but didn't have his foot on the brake and no lights were showing? Does that give you license to run into him?

It is your fault, and his insurance will be contacting you for the damages. Just report it to your insurance company and go from there.

2007-02-09 06:21:09 · answer #3 · answered by oklatom 7 · 1 0

Yep your fault no question

You must be aware of other road users at all times and drive at a safe distance at all times including at junctions

The failed stoplight is another matter and having walloped the car with the offending stoplight it is hardly likely to work now so you would not be able to prove it

Even if you could you were not traveling at a safe distance to cover ALL eventualities

Go back to when you learnt to drive and recall exactly what your instructor taught you. It cost you a lot of money to pass and to get a car and to insure it. Try to drive as you were taught and you are likely to avoid most of these mishaps

Sorry but there it is you will have to pay up

2007-02-09 22:37:30 · answer #4 · answered by Anonymous · 0 0

It is interesting to note that you did notice one small brake light was not working but you either failed to noticed that the other brake light was working or you failed to act on the fact it was working.

I don't know what country you are from but in the UK you are required by law to drive at a speed at which you can stop within the distance you can see. If you can see a small brake light you should have been able to see a large car, after all, sign posts, bollards, kerbs and small children are not fitted with brake lights and yet you are still required to see these things and avoid crashing into them.

This is a clear case of yet another useless woman driver driving dangerously and trying to pass the blame onto others.

2007-02-09 06:26:23 · answer #5 · answered by Anonymous · 1 0

If this guy you went into openly admits that it wasnt working then it may have some help to your case, but then I presume the rest of the rear lights were working? In which case, you shoudlve seen the car, and I doubt it would help.

If the guy claims it was working fine before you hit him, then Im afraid you havn't got a leg to stand on, as you were the on who ran into him. If you have lots of no claims bonus, and teh damage to his car is minimal , it may be better of sorting it out outside of the insurance companies (so long as the other party is happy with this) Otherwise contact your insurer.

Often as not it's best to go through your insurance company, as arranging payment outside of teh agreement can be dangerous, as again, it's one person's word against another's.

2007-02-09 06:15:08 · answer #6 · answered by clarky303 4 · 0 0

You rear ended it you're at fault.
You should have control of your vehicle at all times.

The fact that 1 tail light was out is arguable. He could claim it was working prior to you hitting him
You could argue that he didn't know it was out and that the others were working (he might get a warning or even a ticket)
One could also argue that you didn't have control of your vehicle. If it was a parked car, none of the lights would have been working.

Usually the driver behind is at fault.

2007-02-12 17:10:26 · answer #7 · answered by Anonymous · 0 0

Usually all rear end collisions will be your fault. Depending on amount of damage i.e. cost to repair you may be better off paying yourself as your insurance cost will go up. Just get a few estimates then decide what to do, but hopefully you have filed a police report, as this is required by law unless damage is under a specific amount which may vary by state.

2007-02-09 06:13:42 · answer #8 · answered by gary o 7 · 1 0

One of his brake lights wasn't working? Why could you not see the other one? For that matter, why could you not see the vehicle, and perhaps not assume the vehicle that was looming larger in your sights was going to magically jump out of the way? When you hit a stopped car, it is pretty much always your fault, sorry to say.

2007-02-11 15:56:15 · answer #9 · answered by Fred C 7 · 0 0

i am afraid that you have the correct answer yes its your fault,unless you know something about the driver not having valid insurance,no licence,no mot or any other thing that might have aided your case and a police report then take it on the chin and do either offer to replace the broken part or put it through insurance companies,but also be aware of offering to pay can invalidate your insurance.the decision is yours.

2007-02-11 02:18:47 · answer #10 · answered by Anonymous · 0 0

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