Well I don't know what the insurance company is going to say but technically, you and the second driver are supposed to keep enough following distance from the car in front of you to avoid this type of collision. It doesn't matter why the first driver in front stopped. The only thing that matters is that you and the second driver maintain enough control of your car and enough distance to avoid hitting the car in front of you.
It's possible that they would find both you and the second driver at fault. The second driver will be liable for the first driver and you will be liable for the second driver.
2007-12-28 19:59:04
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answer #1
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answered by Zsasha 5
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First, in most cases, the officer isn't allowed to assign blame -at the scene of the accident.- The second car (driver) will be responsible for damage to itself and the car it rear-ended. The driver rear-ending is -always- the cause of the accident since you are required to keep a car's length distance (assuming all are doing the posted speed limit) from the car in front.
My personal opinion is that all fault will be on the second driver. However, you should still brace yourself for the possibility of some fault, just in case. You were a rear-ender, too. The insurance company will assess whether you could have avoided the accident after reviewing the police report and then determine whether you should pay for damages to the back of the second car, only your car or not at all.
2007-12-28 19:03:46
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answer #2
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answered by Edenia 3
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If the officer said that the second car was the cause, then they probably were. BUT their insurance company is probably going to fight paying for your car on the grounds that your were following too close. This falls under the category of driving too fast for conditions, and it says in all the drivers handbooks that I have seen that you are supposed to allow yourself enough room to stop in emergency situations. It would be a good idea to go ahead and let your insurance company know what is going on. They may be able to help you get the other guy's company to pay. At any rate, they need to be aware in case the other guy's insurance company tries to pin it on you, which is highly probable.
Good luck.
2007-12-28 19:04:39
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answer #3
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answered by johnny b good 4
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I don't know what they will do, but I do know that every driver has a responsibility to keep a safe distance between their vehicle and the one in front of them. A general rule of thumb is to maintain a distance of at least one car length for every 10 mph. So, at 55mph, you should have been no closer than 5 and 1/2 car lengths. If you were following too closely, you would not have enough time to avoid striking the car ahead of you, if they should suddenly stop. If you strike them, you are responsible for that part of the collision.
2007-12-28 19:03:38
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answer #4
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answered by legendofslipperyhollow 6
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OH, bummer, you were tailgating.
It depends on which state you are in - in many states, the last car in (you) is responsible for everything. Surely, you are responsible for at least the damage to the back end of the second car, and maybe half the damage to the rear end of the first car.
YOUR damages are not going to be paid by anyone.
By basic coverage, I SURE hope you don't mean "minimum coverage". Because minimum property damage - $5,000 in many states, is NOT going to cover all the damage, and you COULD end up writing a check for thousands more. EVEN if you're 21.
2007-12-29 07:59:45
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answer #5
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answered by Anonymous 7
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i just finished a law class (in which i got an A) that covered a few instances just like this. unfortunately, (for you) unless someone was drinking, driving without a license, or driving without required vision correction you are almost defiantly going to be responsible for car #2 if not both. you could seek legal representation and they would be able to advise you better than anyone on here (there are any number of variables that you may have overlooked that could come into play in the legal world nothing is as cut and dry as it may seem at first), otherwise you are at the will of the insurance company.
2007-12-28 19:07:21
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answer #6
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answered by Anonymous
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The second car is at fault for his front end damage ad the damage to the first car. You are at fault for the damage to your car and the read damage of car 2.
Always leave room to stop between you and the car in front of you. The general rule is one car length for every 10 mph in speed. If you were driving 55 mph you should have had 5.5 car lengths to stop in. This may not seem reasonable to you but it is safer.
2007-12-29 02:50:06
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answer #7
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answered by t. B 5
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Tough call...by the insurance mans standards, you should always be far enough behind the car in front of you to stop before hitting them. My guess is that you are not responsible for the accident, but you will be out of luck on your own damage.
2007-12-28 18:59:35
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answer #8
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answered by Double B 3
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The basic rule is that you have to be in control of your vehicle at all times which means that if there is an obstruction you should be able to avoid it. With this in mind, the insurance company will find you at fault for rear ending the second vehicle. Your property portion of liability insurance will pay for the claim.
2007-12-29 00:59:58
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answer #9
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answered by Advantage-ME 6
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well first of all just take it easy. i hope u follow all the instructions on the back of your insurance card.( get names, address, phone, insurance company, etc..) and well you don't have to contact the other company insurance... you have to contact yours. and also get a report of the accident and fax it to your insurance...and then let the insurance company work it together. that the normal routine. you call your insurance, the other guys call their insurance.. they going to contact you to verified the accident..don't answer more than they ask you and deal with your insurance company. don't matter what they say the important is what the officer say so stay with that and with your insurance only. o always take note who do to talk wit and they number or group which they belong to...just in case you have to call back at least you can tell you answer you last and help you better. sorry as you see not my native language. good luck..
2007-12-28 19:19:01
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answer #10
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answered by kkhaos 1
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