On Sunday night I was back home visiting my folks for the holiday weekend, so I had a rental car. It was around midnight and I was sitting at a stop sign, in the process of looking both ways. A kid behind me plowed into my rear. He told me he, "didn't actually think I was going to stop." We called the cops and the cop collected the insurance info of the rental company and did the report. From what I could tell, he did not issue the kid a ticket. Apparently PA is a "no fault" state, where just b/c he rear-ended me, that doesn't make it automatically his fault.
I called the 24hr rental 1-800 number repeatedly for two hours to no avail and finally just took it back to the rental place the following morning. They told me that since the cop did not issue the kid a ticket that they couldn't prove it wasn't my fault, so I'm responsible for the damages. After a heated arguement, they agreed to research into who's fault it was and let me know
Any advice to prove it wasn't my fault?
2007-11-27 00:59:19 · 15 answers · asked by Lunar Sarah 4 in Politics & Government ➔ Law & Ethics
Did you get a copy of the police report? In the accident report, there should be a diagram of the accident and a detailed description of what happened. You were stopped at a stop sign and the kid plowed into you. That should be all the proof you need. It may take a couple of days for the final report to get finished so check with the local police station. The report at the accident scene is just a prelim.
2007-11-27 01:06:19 · answer #1 · answered by makelly1979 3 · 1⤊ 0⤋
In some states, a police officer cannot issue a ticket unless he witnesses the actual violation. I do not know what violation you think this kid deserved a ticket for. If Pennsylvania is a "no-fault" state what difference does it make?
As far as how much it will cost you depends on the rental agreement. However, you are well within your rights to sue the other driver to recover any out of pocket expenses or deductables.
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2007-11-27 01:18:01 · answer #2 · answered by Jacob W 7 · 0⤊ 0⤋
take a picture of the location - one that shows the stop sign that you stopped at. Also, as soon as you can, get a copy of the police report - while PA may not issue a ticket right away, after an investigation they might still issue one - at least they should determine who was at fault. Where I am in NY, they call what the kid did "following too close" and I have been ticketed for it. Hope this helps....
2007-11-27 01:06:08 · answer #3 · answered by stephen g 2 · 1⤊ 0⤋
Don't accept liability. The cops are at fault, they must get the details of all parties in an accident. Get help from a loss adjuster and lawyer. Surely you are innocent. Did you not take out insurance against this sort of thing with the rental company ?
Me my advice, well I go by train and boat, driving is too stressful and I refuse to buy oil and gas.
2007-11-27 01:05:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
What No-Fault Doesn't Cover ----
In most states, the no-fault law specifically excludes property damage liability for damage that you cause to the property of others. If you are at fault in such an accident, you will be held liable and can be sued for these losses.
Only in a limited number of states does the no-fault law extend some coverage to damage you may cause another driver's automobile. Furthermore, even in these limited cases, property damage liability coverage does not extend to your car. You must buy a separate collision coverage to take care of this risk.
Once again, you should be aware that this booklet can only give you a general overview of no-fault laws governing insurance. For specific information about the no-fault law and insurance in your state, contact your state insurance department. Most state insurance departments have written consumer information that will outline the specific limits and responsibilities for auto insurance in their state.
In a no-fault state individuals need not go through the court system to have their financial loss paid if the loss results from an injury. Two individuals who have a traffic accident may file claims with their own insurance company. Each insurance company pays the claim for the personal injury to their policyholder regardless of fault.
First of all, under a no-fault system your insurance company pays you directly for your losses as a result of injuries sustained in an accident, regardless of who is at fault. Similarly, the other driver collects losses for his or her injuries from his or her insurance company. Under a no-fault law there is no need to determine who is at fault to receive payment for injury claims.
No-fault does not completely eliminate the risk of your being sued. However, no-fault laws do place restrictions on when a suit can be brought. This means that you can be sued but only under specific conditions. Since no-fault laws do not completely eliminate a person's right to sue, the possibility of your being sued is very real, especially in the event that you are the driver at fault in an accident that causes serious injury to others.
It sounds like the rental company is trying to keep their costs down by making you pay...which is wrong...check with your auto policy and homeowners policy to see if there is any coverage in these types of situations.
Hopefully you bought one of their policies as well.
2007-11-27 01:16:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I would call the police dept. about this.This doesn't sound correct(of course I could be wrong).When someone takes on the responsibility of being a driver you are ALWAYS to be on guard for the driver in front of you.It just stands to reason that this kid is in the wrong.Plus police officers don't know everything and he could be wrong.The rental co.should have insurance.They pay unless you signed something differant to that.The last resort would be to take it to court and sue the kid.But first I would contact the police dept. there and ask where you go from here.Good luck
2007-11-27 01:10:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you get rear-ended by somebody it is their fault. I don't see how a law could work if that was not the case.
You should have taken pictures of the location and the damage.
But you don't need a criminal case to claim insurance. The police should be able to document that they were called out and explain what they saw.
2007-11-27 01:04:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes-get a lawyer's advice/ consultation immediately.
Re-read the contract you signed to see where it stipulates you are responsible if no ticket is issued.
Sounds like it's the cops fault.
2007-11-27 01:02:45 · answer #8 · answered by Big Bear 7 · 1⤊ 0⤋
The other option you have is to file a claim with your insurance company. Its best to try and work it out with the rental car company first, but if that doesn't seem to be going anywhere let your insurance company deal with them. Good luck!
2007-11-27 01:09:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Common legal principal of auto accident; the guy who hits you from the rear has failed to control and is at fault.
2007-11-27 01:03:37 · answer #10 · answered by wizjp 7 · 1⤊ 0⤋