Rear End Collision Question
 

today my wife was involved in a rear end collision...

altho she rear ended a car darting between her and another vehicle she was not cited, but the moron who cut her off was cited because she first rear ended car #1 of the 3 car debacle.

now, i understand in florida(like most states certainly), in a rear end collision involving 2 vehicles, the person in the rear automatically gets cited and is FULLY responsible unless there is evidence of foul play. so what about 3 cars?

obviously we will seek council, just would like to pick the brains of some out of the box thinkers. besides, not all lawyers will go for a "no injury" claim. yes, everyone is fine...but the accord has extensive damage.

it seems we SHOULD be compensated, but no doubt the law is not always fair. thoughts?

Re: Rear End Collision Question
 

what happened to this mystery third car? All you said was that your wife rear ended a car that cut her off and briefly mentioned a third car but not how, or what happened with that car. If the car that cut your wife off was cited and not your wife, I'd say there was something going on that placed blame squarely on the guy that cut her off, leaving her off the hook so to speak.

Re: Rear End Collision Question
 

Bowtieguy,

Sorry to hear of the accident but pleased to know your wife is OK and still with us. It could have been a lot worse.

I am not familiar with US laws but it seems to me the same logic would apply as in a two car shunt as for a three car pile up.

The last car is the one taking the responsibility in other words since it would be reasonable to assume the other cars would not have collided unless the third car had hit them from the rear.

I agree the laws do not always reflect fairness as often as they seem to ignore logic.

Post what happens from this if you would.
I am curious now.

Peter.

Re: Rear End Collision Question
 

I too am left wondering about the third car. Where was it and what was the sequence of events?

If you have collision coverage then you'll be compensated even if she is at fault.

As for 3 car rear-end collisions, they usually happen like this: C hits car B, pushing B into A. C is at fault for causing the collision, and B is partially at fault for not leaving enough room (unless C was going so incredibly fast that no amount of room would suffice). You're required to keep enough room in front of you that you will not rear-end the leading car even if you're pushed.

If instead car B hits A first, then car C comes along and hits car B, then it's two separate rear-end collisions. B is at fault for hitting A, and C is at fault for hitting them. Possible exception (not sure, legally): A was at an unexpected dead stop while B and C were normal traffic flow; B is probably still at fault for not avoiding A, but C might not have been able to see that A was stopped and therefore that B would hit A.

Re: Rear End Collision Question
 

as far as i know, car A has nothing to do with us legally. my wife was traveling behind car A, when car B(became car B when she cut off my wife)passed my wife on the left before moving quickly in front of her. car A apparently came to a sudden stop for a red light, car B struck car A first, my wife(car C), then struck car B.

so, obviously since my wife was not cited, and car B "obstructed" the normal flow, it seems that morally(not necessarily legally) that she is alone at fault.

ok...if you remember, i've stated that my company has installed 2 way cameras in our work trucks. the presentation video illustrated how a driver can be exonerated for a rear end collision if such(like ours) a situation presents itself. funny that the example used was EXACTLY like ours. the video showed a bus driver strike a vehicle AFTER he was cut off, and AFTER said vehicle first struck another vehicle shortening the stopping distance between vehicles.

we of course do not have a recording of this event. in regard to insurance, i do not want to make a claim, i'd rather fix the vehicle or sell it whole or for parts(in may be totaled anyway). sadly, it's(was) the nicest car we own.

Re: Rear End Collision Question
 

Yeah, I'd guess that her not being cited means that there's a good chance someone else will be found at fault. However, beware that insurance companies can assign fault differently than legal fault as it affects citations and license points. I was rear-ended once by someone with Progressive while I had Progressive; legally he was at fault, I got no points on my license, but Progressive gave us each 50% fault so we both got rate hikes.

Re: Rear End Collision Question
 

You don't file a claim with your insurance, but instead file a claim with the insurance company of the party at fault.. No deductible is required since it's not only not your fault but another insurance carrier is involved..

that's probably because you're in a "no fault state" which means essentially that what you just said is what happens.. No fault states will always default to both parties being at fault..

Re: Rear End Collision Question
 

i've done that in the past when there were only 2 parties involved, and when the other party is cited. because my wife rear ended another vehicle, that insurer will no doubt fight it.

it seems my biggest obstacle is replacing both air bags, in regard to keeping the vehicle. the bent hood, busted bumper cover, cracked windshield, and destroyed grill seem to be just details in comparison.

private party value is in the $3k range for sale or claim reference. the repairs will likely well exceed that. problem is, this car is worth MUCH more to me than $3k especially over the long term. :mad:

Re: Rear End Collision Question
 

Take the $3K if you can get it and either fix it up or possibly maybe part out this car for what you can get from it.. You're entitled to that money considering the other party is at fault.

Re: Rear End Collision Question
 

Give your insurance agent the information immediately. This is why they have armies of lawyers. They'll get the money and see she is taken care of.
They should have her going for a medical evaluation soon. She may take a few days to have a physical reaction, so keep her calm for a while.
Don't accept the first settlement offer.

Re: Rear End Collision Question
 

Your insurance company isn't going to do crap for you unless you have comp/collision coverage and you're having your insurance company repair your car, pay the deductible then after everything is settled in or out of court, your insurance company gets their money and your deductible is refunded.. Though, that's an IF..

Re: Rear End Collision Question
 

No, definitely not...just Progressive being jerky.

Re: Rear End Collision Question
 

I'd suggest getting copy of the police report and see exactly how the officer wrote up the details of the accident, that will probably give you a better indication of how the insurance companies will rule fault. Did your wife hit the other car directly in the rear or did she hit a rear side corner? If the person hadn't fully returned to the lane your wife was in and it was even a slight side swipe that should definitely put the other person at fault because they returned to the lane before it was safe to do so.

My son was involved in an accident about a year ago where a lady cut into his lane, but tried to say instead that my son cut into her, so there were conflicting stories. I went to the police station and got a copy of the police report and on the report the policeman stated that the damage indicated the lady was the one who cut my son off then continued to drive into his lane causing even more damage to my car. The insurance company ruled it her fault, but then I find out she didn't have insurance as required by Kentucky state law, so I had to get the county attorney's office to file charges having her charged with no insurance and get it in court so I could receive restitution for the damages.

Re: Rear End Collision Question
 

update: legally we have no grounds for a claim against anyone.

FordMan: it was slight a off center contact point...still mostly rear.

next is what to do...
owning 3 cars, we dont NEED to repair or replace this one right away. IF i made a claim(i do not wish to), the car WILL be totaled(first repair estimate $6k) and kelley blue book shows a private seller value of the $3k range. however, there are only 2 like cars in my area for sale, both over $4k.

so what's a fair price to sell the car whole for? i can't see myself letting this drive train gem go for peanuts! it has a perfect engine/tranny, custom wheels, almost new tires, super clean interior, and ice cold air!

Re: Rear End Collision Question
 

"legally we have no grounds for a claim against anyone. "

How and why did you come to this conclusion?

Re: Rear End Collision Question
 

florida's no fault status...the woman was ticketed for rear ending another vehicle, not reckless driving against us...legal council

specs of the vehicle...https://www.gassavers.org/garage/view/2809

Re: Rear End Collision Question
 

If the car still runs and drives good and the no AC damage/no radiator damage someone may pay half of blue book and spend $300-400 at a You-pull yard and get it fixed as good as before the accident.

The cracked windshield might be an issue- did the hood shift backwards and crack it? or the passenger air bag? or is it possible that the frame twisted a bit and if so, a new windshield wouldn't fit/seal properly.

Maybe you can find a similar car with blown engine/tranny and swap your drivetrain into that body.

Re: Rear End Collision Question
 

One time in a snowstorm (for those of you in FL, that's when white stuff flies from the sky) a car in front of me lost control and spun out. In order to avoid crashing the car, I swerved and wound up scraping the guardrail.

Even though I NEVER TOUCHED the other car, he was found at fault and had to pay for my repairs.

Make sure your police report contains the WHOLE story, not just "I hit the car in front of me". Include ALL details of relevant events prior to the accident. It might take some appealing, but (in my experience) the whole story will get told and the responsible party will be held responsible.

In another case, I was driving a classic car and the car was totaled by an idiot. Not only did he (his insurance) have to buy a similar car, but they paid for the sales tax, the contents of the totaled vehicle, and even transporting the car from another area of the country. Yes it took a lot of fighting, but just remember that it is the guilty party's responsibility to "Make the victim whole".

Your mileage may vary...

-BC

Re: Rear End Collision Question
 

i'm looking into possibly repairing it and how much.

i believe the air bag cracked the windshield.

lots of options...craigslist and autotrader have some possible replacement prospects...cheaper than i remember...might be the economy.

Re: Rear End Collision Question
 

Have you talked to your insurance agent? In most areas the car that rear ended the front car is usually responsible, but as I said if the other driver returned to the lane your wife was driving in before it was considered legally safe the other driver should be held responsible. That's why I suggest getting a copy of the accident report and also turn over a copy to your insurance agent for their opinion before doing anything at all to the car yourself.

Re: Rear End Collision Question
 

found a set of air bags and the module on ebay for $155 + $30 shipping. thoughts? can this be a do it yourself job? if not how much should labor be?

Re: Rear End Collision Question
 

If you have a Pull-A-Part or other pull it yourself junk yard in your area you can probably pick up a set of air bags for under $100. Yes you can change the air bags yourself, but be sure to disconnect the battery while working on the air bag system or they may deploy while working on the system.

Edit: I just check the cost of air bags at the Pull-A-Part located in Nashville, TN (closest one to me and the price was $36.60 each. If you want to see it there's one near you go to www.pullapart.com

Re: Rear End Collision Question
 

$39 at a self-service junkyard in my area that has online price lists...sounds like a common price.

car-part.com lists some as low as $20.

Re: Rear End Collision Question
 

it's uncertain whether or not i need the module and clockspring. if i do, the $155 price seems fair.

Re: Rear End Collision Question
 

When I had my big accident, the body shop wouldn't touch them and had an air bag specialist install and test them.
Sort of too important to mess with. Besides, the insurance won't cover your work I bet.

Re: Rear End Collision Question
 

I think they recommend replacing the module anytime the bags have been deployed.