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post #1 of 29 (permalink) Old 06-26-2008, 12:27 PM Thread Starter
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Law/Insurance Question

Has anyone had this happen to them where they actually rear ended the other driver?

You're driving down the left turn lane passing stopped cars to your right. Then, iwth no warning, some idiot pulls out in front of you and you slam into their rear.

Who is legally at fault? You rear ended a car in your lane making it your fault, OR they made an illegal lane change and caused the wreck making it their fault?

I'm just curious... Today at lunch, I went "off road" in my little Aspire to not slam into some lady...

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post #2 of 29 (permalink) Old 06-26-2008, 12:35 PM
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lmao, that's the risk you take for 40 mpg. Someone doesn't see your little death trap car coming and you get to go off roading in it while pooping your pants.

Had you choosen to live closer to work you could be driving a gas guzzling truck to work like your coworkers, in safety, for the same cost as that deathtrap.
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post #3 of 29 (permalink) Old 06-26-2008, 12:40 PM Thread Starter
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Quote:
Originally Posted by Tajima-ushi View Post
lmao, that's the risk you take for 40 mpg. Someone doesn't see your little death trap car coming and you get to go off roading in it while pooping your pants.

Had you choosen to live closer to work you could be driving a gas guzzling truck to work like your coworkers, in safety, for the same cost as that deathtrap.
You've been PM'd.

And just to show your ignorance... In the 29 years I have been driving, I have had this situation happen to me four other times. Once each in my 69 F100, an 82 Mustang GT, an 80 Audi 4000, and my 94 T'bird. None of which get 40 mpg!!

Now, can you please stay on topic!!

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post #4 of 29 (permalink) Old 06-26-2008, 12:44 PM
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94 if you need a bigger hammer or a 44 magnum for this dude just let me know !!

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post #5 of 29 (permalink) Old 06-26-2008, 12:49 PM
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Quote:
Originally Posted by Tajima-ushi View Post
lmao, that's the risk you take for 40 mpg. Someone doesn't see your little death trap car coming and you get to go off roading in it while pooping your pants.

Had you choosen to live closer to work you could be driving a gas guzzling truck to work like your coworkers, in safety, for the same cost as that deathtrap.
who are you to tell someone what they should or should not drive?

Seriously....did you come here to start trouble?

If so, go the fvck away.

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post #6 of 29 (permalink) Old 06-26-2008, 01:39 PM
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Quote:
Originally Posted by _95badbird View Post
who are you to tell someone what they should or should not drive?

Seriously....did you come here to start trouble?

If so, go the fvck away.

I'm pretty sure it was a sarcastic remark in response to 94DD's frequent rants about how everyone should be more responsible and sell their gas guzzlers to buy more efficient vehicles, and talking about how everyone should sacrifice to be more energy efficient. Just putting this out there with some probably heavy paraphrasing. I have no axe to grind, and could care less about this. I agree with 94dd about some things, not on others. Personally, I think it only makes sense for people to try to use energy more efficiently, but if they want to pay the price to use it inefficiently, that's their choice. But I also think if they make that choice, they shouldn't ***** about fueling an excursion when an escape would be a better fit.

BTW, I think you would still be at fault; I could be wrong.

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post #7 of 29 (permalink) Old 06-26-2008, 01:57 PM
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About the only way you could prevail in that situation is if someone witnessed the accident and was kind enough to stop and give you their information.
Then I think the party who pulled out in front of you would be in a little trouble.

oh and BTW - Insurance companies don't consider passengers as independent witnesses. My son had a man back into the side of his car and then drive off.
He got the mans license plate and police contacted him.

He said he didn't do it and because they didn't consider my sons passenger as a witness he got away scott free from a hit and run situation.

For the Record - I ALWAYS stop and hand out business cards when I witness an accident. I have been in that situation too many times when someone else was at fault and I couldn't get anyone to waste their time stopping to leave their information.

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post #8 of 29 (permalink) Old 06-26-2008, 01:59 PM
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Quote:
Originally Posted by _95badbird View Post
who are you to tell someone what they should or should not drive?

Seriously....did you come here to start trouble?

If so, go the fvck away.
He is sarcastically calling out 94 DD for telling others what they should or shouldn't drive.

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post #9 of 29 (permalink) Old 06-26-2008, 02:23 PM
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Quote:
Originally Posted by SC V8 Bird View Post
He is sarcastically calling out 94 DD for telling others what they should or shouldn't drive.
yeah, but with only 2 posts, seems like an attack to me.

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post #10 of 29 (permalink) Old 06-26-2008, 03:16 PM
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Quote:
Originally Posted by _95badbird View Post
yeah, but with only 2 posts, seems like an attack to me.
Thinkin' the same thing, unless maybe he's been lurking around reading a while and only just signed up.

Either way, seemed a little out of line.

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post #11 of 29 (permalink) Old 06-26-2008, 03:34 PM Thread Starter
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Quote:
Originally Posted by alicks View Post
Thinkin' the same thing, unless maybe he's been lurking around reading a while and only just signed up.

Either way, seemed a little out of line.
Just do a search on his other posts..... 5 of his 6 posts (4 in political, one in wanted, and the one here) are insults/snide remarks towards me for some unknown reason!

Shoot, I know not everyone likes me, (you know who you are... ) but geez, am I so bad that newbies are out to get me now?

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post #12 of 29 (permalink) Old 06-26-2008, 04:01 PM
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Quote:
Originally Posted by 94 Daily Driven 4.6L View Post
Just do a search on his other posts..... 5 of his 6 posts (4 in political, one in wanted, and the one here) are insults/snide remarks towards me for some unknown reason!

Shoot, I know not everyone likes me, (you know who you are... ) but geez, am I so bad that newbies are out to get me now?
Beware the Noobs! Here's a bigger club for ya....

Sorry about your near miss. Man, I guess it depends on the laws of the state your in. Some states are at-fault and some are no-fault. This would be a good Q to ask your insurance agent. If anybody - other than law enforcement - would know the insurance industry would.

Based on the situation you described I guess if you hit them square on in the rear end it's your fault. But if you catch a corner or they side-swipe you pulling out then it's on them. Ideally when you're passing a long line of traffic in the turn lane as you described you should not be going so fast that you couldn't stop on a dime if someone pulled a bonehead move like that. Another suggestion would be to stay as far to the inside edge of the turn lane as possible to give yourself a buffer between yourself and the rest of traffic.

Other than just plain being paranoid looking out for the idiots on the roads, my only other suggestion, assuming you don't already have daytime running lights, would be to turn your headlights on. I'm always the first around here to turn mine on. When you're driving a dark colored car at dusk and your lights aren't on you're just asking to get hit. It never hurts to run your headlights and be more easily seen. They make an amazing difference even in broad daylight.

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post #13 of 29 (permalink) Old 06-26-2008, 04:04 PM
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The driver that changed lanes is at falt.

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post #14 of 29 (permalink) Old 06-26-2008, 04:40 PM
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Quote:
Originally Posted by ClintD View Post
The driver that changed lanes is at falt.
If you have eyewitness verification and therein lies the hardest part.
Unless you believe that the other driver won't lie or the police will just take your word for it.

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post #15 of 29 (permalink) Old 06-26-2008, 04:51 PM
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My understanding would be that if the other driver pulled out in front of you it would be their fault. They should be able to determine that by the impact mark on both vehicles.

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post #16 of 29 (permalink) Old 06-26-2008, 05:12 PM
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Well who is at fault really isn't a question of law, it is up to the 2 insurance companies involved to investigate what happened and make a decision whether or not to pay. Also, they have the option of saying something like you are 75% at fault, but he is 25% at fault, and then your insurance would only pay him 75% of the damages.

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post #17 of 29 (permalink) Old 06-26-2008, 05:48 PM
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Quote:
Originally Posted by 94 Daily Driven 4.6L View Post
Just do a search on his other posts..... 5 of his 6 posts (4 in political, one in wanted, and the one here) are insults/snide remarks towards me for some unknown reason!

Shoot, I know not everyone likes me, (you know who you are... ) but geez, am I so bad that newbies are out to get me now?

hmmm he sounds like Southpaws brother

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post #18 of 29 (permalink) Old 06-26-2008, 06:05 PM
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Originally Posted by 94 Daily Driven 4.6L View Post
Has anyone had this happen to them where they actually rear ended the other driver?

You're driving down the left turn lane passing stopped cars to your right. Then, iwth no warning, some idiot pulls out in front of you and you slam into their rear.

Who is legally at fault? You rear ended a car in your lane making it your fault, OR they made an illegal lane change and caused the wreck making it their fault?

I did this for Allstate for awhile. It depends on the state first off and if the state is a "shared negligence" Then it depends on where the damage is on both vehicles. If you rear end the other car center to center you will be majority at fault most times. If they were able to completely make it into the lane before you hit them it gets really hard to fight it (though I did once in a case exactly like this and the court voted 50/50 which is what I was pushing for) Basically you lose the argument for them switching lanes as you were going too fast for conditions (the stopped cars to your right)

If the damage is on the corner or side of either car then the driver making the lane change will be majority.

Note - I say majority as some fault could be assigned to both depending on the statements given by both drivers, weather and street conditions, etc.

"No Fault" in states that have it this is only regarding the medical coverage, not the property damage. I worked that quite a bit as well.
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post #19 of 29 (permalink) Old 06-26-2008, 06:15 PM
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Is your state a Fault or No Fault State, Michigan is No Fault, and guess what; it sucks.

As for this Tajima-ushi; Where has Southpaw been? If you need some help with this assclown, let me know. lol. Should be fun.

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post #20 of 29 (permalink) Old 06-26-2008, 06:26 PM
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Quote:
Originally Posted by Tajima-ushi View Post
lmao, that's the risk you take for 40 mpg. Someone doesn't see your little death trap car coming and you get to go off roading in it while pooping your pants.

Had you choosen to live closer to work you could be driving a gas guzzling truck to work like your coworkers, in safety, for the same cost as that deathtrap.
You know what dude, he is not taking his life in jeopardy for driving his Econobox, We all as drivers should be looking out for everyone, regardless of what we drive. Even motorcyclists, and bicyclists need our attention out there, just because of what he drives, that makes no matter.

You need to chill out before you go into Time-out!

Ya, its funny, Funny like a Clown.
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post #21 of 29 (permalink) Old 06-26-2008, 07:02 PM
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Is your state a Fault or No Fault State, Michigan is No Fault, and guess what; it sucks.

Michigan is no fault for medical only, and it sucks because it is the only state with no dollar limit to the medical bills the car insurance company has to pay. You can imagine the crooked people always trying to cash in on that one.
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post #22 of 29 (permalink) Old 06-26-2008, 08:42 PM
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check that again, its also for collision. Really, it is.

Ya, its funny, Funny like a Clown.
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post #23 of 29 (permalink) Old 06-27-2008, 06:00 AM
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Originally Posted by Nativedetroiter View Post

As for this Tajima-ushi; Where has Southpaw been? If you need some help with this assclown, let me know. lol. Should be fun.
Tajima-ushi: 97 Cougar from Florida = Southpaw's new's name

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post #24 of 29 (permalink) Old 06-27-2008, 06:11 AM
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Tajima-ushi: 97 Cougar from Florida = Southpaw's new's name

That is what i was thinking as well

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post #25 of 29 (permalink) Old 06-27-2008, 08:11 AM Thread Starter
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Thanks for the replies guys (and the support ). I'll have to research it within AL. They have strange laws so who knows!

The main issue is if you just have liability, and it is determined to be your fault, you're screwed for vehicle repairs (and your premiums might go up). Whereas if it is their fault, your car is covered by their liability.

I was lucky that there was no curb, just a shoulder and grass so it wasn't that bad. Well for the car at least... don't know about my heart/blood pressure!!!

Just goes to reinforce the statement, "Drive defensively!!!"

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post #26 of 29 (permalink) Old 06-27-2008, 03:32 PM
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Originally Posted by Nativedetroiter View Post
check that again, its also for collision. Really, it is.

It looks like we are both correct and wrong, its no fault for the first $500 from what I found online. After that it seems to be regular liability.
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post #27 of 29 (permalink) Old 06-27-2008, 03:43 PM
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Just cause I live here, I don't know crap, Good thing I drive a Government Car for the most part of the day! LOL.

I just knew something little bit...

Ya, its funny, Funny like a Clown.
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post #28 of 29 (permalink) Old 06-27-2008, 06:45 PM
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I handled a claim once that had a person with Michigan PIP, what a mess, I was glad to pass it along to someone else. No wonder you guys pay such ridiculous rates there.
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post #29 of 29 (permalink) Old 06-27-2008, 09:06 PM
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Ya, Thanks for reminding me. California even though rates were kinda high were not as high as they are now.

Ya, its funny, Funny like a Clown.
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