i was in a car accident this past friday a women going 50 miles per hour mind you this was one of the few open roads during the snow in nebraska rear ended me as i had my hazards on and was stuck in a snow drift her insurance company is saying i brought it upon myself so who is really at fault?
2007-03-07 10:53:39 · 14 answers · asked by ? 1 in Cars & Transportation ➔ Safety
i was on my side of the road still when i was stuck and five cars actually went around my car ,y girlfriend got out to see if she can help push the car and i told her to get back in and no more then 30 seconds later we were hit the police report says she was going 50
2007-03-07 11:05:37 · update #1
first of all you did get pictures I hope, and a copy of the accendent report. if you had your hazard blinkers on and was stuck in a snow drift. and she strucked you, I would say she was at fault. for speeding to fast for under those conditions. and not paying attention to the cars ahead of her. I would fight it. and if a police officer was there maybe talk to him and see if he can be a witness. she probably told her insurance company a different story. good luck. with it.
2007-03-07 11:04:00 · answer #1 · answered by misty blue 6 · 0⤊ 0⤋
It's always been my understanding that if you hit someone in the rear, its your fault--end of discussion. The thinking behind that is that you're suppose to have your car under control at all times, keeping at a speed where you can stop quickly if needed. Sounds to me like she may have been speeding. I think her insurance company is just bullying you. You might want to check with the State Police and find out what the law in Nebraska states about rear-end collisions.
2007-03-07 19:04:21 · answer #2 · answered by Doogie 4 · 0⤊ 0⤋
Ws the police called? Usually they find the fault. In most states, the person who does the rear ending is usually at fault for not being able to control speed. Her insurance company is just giving you the run-around.
2007-03-07 19:02:02 · answer #3 · answered by Michelle 4 · 0⤊ 0⤋
If your story is accurate, I don't see any basis for the insurance company's claim. They are just trying to get out of their responsibility, which is a normal thing for insurance company's to do. You might want to engage a lawyer and refer all future communication from the insurance company to him / her. That in itself is usually enough to make them stop fooling around because you have sent a clear message that you are not putting up with any crap.
2007-03-08 09:39:22 · answer #4 · answered by al b 5 · 0⤊ 0⤋
Definitely her fault, she was driving too fast for the road conditions, and if people went around you that means they saw you and she was not staying aware of the road... and she rear ended you and that usually means she was not assuring clear distance
2007-03-07 19:41:28 · answer #5 · answered by Renee 4 · 0⤊ 0⤋
Ins. companies will say ANYTHING to get out of paying. I have had personal experience with that: "our insured said the accident was YOUR fault, therefore, claim denied" (I won in court)
See an attorney, or go to court on your own. I think you have an airtight case. (purely my opinion)
2007-03-07 19:32:11 · answer #6 · answered by Trump 2020 7 · 0⤊ 0⤋
It was her fault of course. going down a road at that speed when the snow is that deep is very reckless.
2007-03-07 19:09:16 · answer #7 · answered by Anonymous · 0⤊ 0⤋
So in other words she was driving too fast for conditions, was inattentive and failed to maintain control of her car causing her to strike a stationary object (your car). Seems like a slam dunk.
2007-03-07 20:38:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It is not your fault she was late for work and driving to fast for road conditions.
2007-03-11 07:24:12 · answer #9 · answered by oldmancripplecrotch 3 · 0⤊ 0⤋
thought if someone rear ends you was there fault. get a good Lawer that's all you can do.
2007-03-07 19:06:19 · answer #10 · answered by tweed801 5 · 0⤊ 0⤋