I was in a fender bender this morning.?

Question

I was in a fender bender this morning. I was driving to work behind this Mercedes suv when the lady driving it slowed down ubruptly. Her tail lights weren't working and I wasn't able to tell if she was braking or not. When I realized she was stopping it was too late. I skidded and bumped into the suv. Her suv was only scratched while my old honda's hood bent badly and rendered the hood latch useless.
When the cop showed up she kept blaming me for being asleep. I told the cop that her brake lights weren't working. He made the lady get on and press the brakes. As expected they did not illuminate. The cop told the lady that burned out tail lights cause these accidents and that she shouldn't be driving with the lights burned out. Thereafter he told us we could go. He didn't say anybody was at fault or anything.
What is your opinion? Am I at fault or the lady in the mercedes?

Answer 1

I hope you got the policeman's name and case number.

On his report it should indicate that the lady's brake lights weren't working.

While you should always follow at a safe distance and adjust for someone's brake lights not working (never trust that the person's brake lights are working), you may have some case against the lady.

Just make sure the policeman's report indicates this and present it to your insurance company.

Answer 2

While I do believe that in most cases when you hit a vehicle from behind it is considered your fault. I personally would call my insurance company because they will be able to help you pursue this. Did you get a police report? If you don't have that do you know the officer's name? Did he ticket her for her brake lights not working? You and your insurance company are going to need proof that her brake lights were not working at the time of the accident. Good Luck, I hope that everything works out OK.

Answer 3

I think she is primarily at fault for the faulty brake lights. However, you do share a little blame. Everybody follows too closely. Remember the 2 second rule. If you were far enough back you probably still would have had time to react.

Answer 4

You are at fault ...we are responsible for the condition of our own vehicles...all lights out is negation of irresponsibility's on the lady part .....however in Au it's an offense to rear end , fines are issued...always the rear enders fault, should not be that close that you can't stop safely in time ......

Answer 5

I hope you exchanged insurance information. Let the insurance company know this info when you file your claim. Usually it is the person behind's fault (yours), but I also know that it is illegal to have non-working break lights because you can receive a ticket for it, so this could possibly put her at fault.

Answer 6

the way it sounds the lady was at fault for not maintaining her vehicle properly. Usually tho you should be in control of your car and rear-ended accidents would be your fault. did the lady get any tickets from the cop.

Answer 7

possibly you lucked out this time and doubtless not. possibly he will call with a quote to repair the scratches. in case you arise with the money which i assume you will it is going to end nicely. reliable success! I actually have a slump you will destroy out with in basic terms paying some money and a lesson found out.

Answer 8

it's her fault hopefully you got the policemen's name and badge number and her insurance info talk to thpolice department and see what the report says the talk to your insurance company.

Answer 9

you both are. lick your wound you admitted you wern't paying attention. consider this a very cheap lesson in the school of life.

Answer 10

don't know where you live but here it is always the fault of the person who hit from the rear