i broke down on the motorway in the slow lane but it was leading onto a slip road, i triedd in vain to go to the hard shoulder but could not. i put my hazard lights on, i had no phone to call ploice. i didnt want to abandon car, i took my daughter and myself to safety. but a car smashed into it with force. my car is a right off so is the other car. i am worried , ive had such a shock. the other driver was ok. im insured third party my insurance has said its a no fault. but is it mine for causing a hazard in the first place.
2007-08-09 10:24:19 · 8 answers · asked by SMANTHA R 1 in Cars & Transportation ➔ Insurance & Registration
the police were in involved , incident reports, but they were not clear ,they said they dont come across this situation much.
2007-08-09 10:31:22 · update #1
can my insurer claim for my car of the other drivers insurance if its no ones fault? my babys car seat was crushed.
2007-08-09 10:41:12 · update #2
Hiya:
Look at it this way: If you were a person standing on the side of a highway....does that give the driver of a vehicle on the highway a right to hit you...just because you are a pedestrian?
One thing that is blatantly obvious here is that the other person wasn't paying attention. Who runs into something that is stopped with flashers on? A big dummy with a death wish?
::shrug:: Check the state laws. There may be specific laws for the state you live in on what someone is supposed to do to notify other drivers of a hazardous condition. Yes - hazard lights are good but some states say that you have to have flares or these little reflective triangles.
In my assessment, based on what you've provided.....you're likely the proximate cause but I'd say the other party has the most if not all of the negligence. They had the last clear chance to avoid (the accident) and didn't.
"No fault" applies to the state. Usually a state with a pure comparative negligence jurisdiction. Eh - that's a bit harder to explain but - your insurance company should explain it to you.
Glad you and your daughter weren't injured.
~jifr!
2007-08-09 13:40:04 · answer #1 · answered by Jifr 4 · 1⤊ 0⤋
This would depend on what state you live in some states have different laws, however usually if someone hits the rear of another vehicle they are at fault, I would say you were not at fault, but the insurance companies will investigate and may make you partially at fault.
2007-08-09 11:52:08 · answer #2 · answered by rp 2 · 0⤊ 0⤋
The insurance companies involved will discuss it among themselves and come up with some way to blame someone. If your car had a random failure you are probably okay, but if it quit because of your failure to keep it well maintained and safe to drive, some of the fault will be yours.
2007-08-09 11:00:34 · answer #3 · answered by oklatom 7 · 0⤊ 0⤋
That's a toughy. You certainly did everything you could do. If you tried(as you said) to get it off the road, but couldn't, I certainly don't think it is legally your fault. I would lean toward either no ones fault or totally the other persons fault.
2007-08-09 10:36:07 · answer #4 · answered by expertless 5 · 0⤊ 0⤋
if you didn't call the police, then it's a "no-fault" because the proper authorities did not determine who was to blame. So at this point, you just have to let the insurance companies duke it out.
2007-08-09 10:28:44 · answer #5 · answered by Anonymous · 0⤊ 0⤋
you are able to desire to continually supply a sign once you will replace lanes. the driving force ought to have have been given perplexed and concept you have been doing something else. even though it is likewise his fault that he have been given careless of his very own using.
2016-10-09 21:18:34 · answer #6 · answered by ? 4 · 0⤊ 0⤋
A female driver who didn't have a phone! I find that very hard to believe.
2014-03-16 15:50:46 · answer #7 · answered by Argus Tuft 7 · 0⤊ 0⤋
You were stationary through no fault of your own.
You had your flashers on.
He hit your car.
He's at fault.
Slam dunk.
2007-08-09 14:02:43 · answer #8 · answered by Irv S 7 · 1⤊ 0⤋