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| need help..accident last night https://silviansw.com/forum/viewtopic.php?f=4&t=10212 |
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| Author: | sky80 [ Fri Jul 16, 2004 11:49 am ] |
| Post subject: | need help..accident last night |
just had a little acco last night, just wondering what you guys think on who's at fault. lights turn orange, person infront of me jumps on the brakes last minute, i switch lanes to the right, come to a stop, then get hit from the back by someone, LHF corner of his car hit the RHR corner of my car (fuct my type X lights too) no side impact, who's fault would it be? he cunt's got a company car, i spoke to the boss of the company, and he's not willing to help out in saying to insurance it was his employee's fault, so i could pay for his insurance claim and get both cars fixed. he just wants me to pay for his car which wasnt half as bad as mine. so now it'sgonna drag into court and all. just wanted to know who you guys think is more at fault. any help is much appreciated cheers |
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| Author: | too_much_boost [ Fri Jul 16, 2004 11:57 am ] |
| Post subject: | |
I think its pretty much rule of thumb as far as insurance companies is concerned, that if one car runs up the back on another, the one at the rear is at fault. If it went to court, he would be found to blame as he obviously didn't leave enough room to pull up at the lights |
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| Author: | ZEi250t [ Fri Jul 16, 2004 12:09 pm ] |
| Post subject: | |
with the damage to the right rear of yours and left front of his. looks like he HAD seen your car and tried to avoid hitting you. id say it was all his fault. no question, take it to court. its a hassle, but you will get your money also, check the scene for traffic cameras, the accident might have been caught on tape good luck with it all. at least he didnt drive away 
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| Author: | SYCO 1VA [ Fri Jul 16, 2004 12:46 pm ] |
| Post subject: | |
you will be fine as long as the damage indicates you were hit in the rear. goodluck |
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| Author: | Scathing [ Fri Jul 16, 2004 12:50 pm ] |
| Post subject: | |
In a nose to tail accident, the person in the rear car has an uphill struggle to prove that it wasn't their fault. Unless the rear driver can prove the front driver was driving in a dangerous / aggressive manner (swerving suddenly and cutting in without leaving any room), or under the influence of another factor (alcohol, talking on a mobile, etc) the odds are the rear car is the one that will be found at fault. |
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| Author: | sky80 [ Fri Jul 16, 2004 2:35 pm ] |
| Post subject: | |
Scathing wrote: driving in a dangerous / aggressive manner (swerving suddenly and cutting in without leaving any room.
think this is the thing that they are holding onto...in all honesty, i did cut infront of him 
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| Author: | 180SXer [ Fri Jul 16, 2004 3:11 pm ] |
| Post subject: | |
Similar thing happened to me (in my old toyota) , during a lane change the guy was going too fast, do you have insurance? let the company work it out. You should not be trying to work-out who was at fault that's thier job, at the same time don't admit liability but a hit in the rear is pretty clear cut, the onus is on the 'hitter' to be able to slow down regardless. |
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| Author: | sky80 [ Fri Jul 16, 2004 3:29 pm ] |
| Post subject: | |
i dont got no insurance....no. no even 3rd party (slap me next time you see me) i spoke to the cops, and all three of them think it's the guy's fault regardless. im going to ring law access too and see what's up |
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| Author: | 180SXer [ Fri Jul 16, 2004 3:58 pm ] |
| Post subject: | |
Ah crap that's not good, you gonna be hard pressed to get anything out of them, you only have 2 options then, demand payment from the other parties insurance if they don't cough up you can sue them or repair the car yourself, note that the insurance will probably deny your claim in the first instance. |
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| Author: | sky80 [ Fri Jul 16, 2004 4:06 pm ] |
| Post subject: | |
so depressing....my baby has a lope sided bum now.... man what are the chances of an individual sueing an insurance company and winning....repair quote of 7K...and that's not replacing my tail lights |
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| Author: | ZEi250t [ Fri Jul 16, 2004 4:10 pm ] |
| Post subject: | |
if the cops have told you that it was the other guys fault, then his insurance company should cover your damages!! i rekon find out who they are and make them know that the cops said it was his fault. threaten legal action, they get by on people not doing anything because they are scared, but insurance companies are as scared as anyone, cept they are just scared of paying out money lol |
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| Author: | Razor [ Fri Jul 16, 2004 4:23 pm ] |
| Post subject: | |
If you goto court it'll end up being each driver fix their own car. Your way out of the arguement is that the other driver did not drive within a distance to be able to stop in an emergency. BUT, at the same time their arguement is that you did not change lanes with saftey. When it goes to court your obviuolsy going to say that you changed lanes and I stopped and shortly after you got hit. They're going to say you changed on top of them and we hit. Depending on how well it goes, I don't think you'll be paid. |
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| Author: | Redline [ Fri Jul 16, 2004 4:24 pm ] |
| Post subject: | |
Damn this is a difficult one, technically I guess it would be your fault because you didn’t have enough distance between yourself > lady who was braking hard, causing you to cut in front of the guy who hit you. It cant really be the fault of the other driver because how can you adjust your braking distance to the car in front if someone cuts you off - BUT if he was approaching a traffic light at that distance he would have been doing what 20-40km/h = should have been enough time to brake??? so maybe it IS his fault... hmm I hope it works out for you but its going to be a hard fight IMO. BTW - what was the reason for not having 3rd party insurance? I can understand why people don’t get comp. due to the crazy/insane price considering the overall value of the car but not to have 3rd party.. 
again, good luck with it all! |
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| Author: | Gunmetal [ Fri Jul 16, 2004 7:06 pm ] |
| Post subject: | |
I have been in the "lady's" situation before, I stopped on an orange arrow (not hard though) and a 4WD wanker rammed me. I think too many people see orange lights and think they are going to go no matter what- remember orange means to slow down and prepare to stop. Its hard too say without being there, but in your defense I wouldve probably done the same thing as you did, rather skew off along side the car than ram them. But going off that diagram, dunno how accurate the distances are but it looks like you may have cut him off. It will be hard battle in court IMO, but for what its worth, good luck. |
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| Author: | madnss [ Sun Jul 18, 2004 12:27 pm ] |
| Post subject: | |
i never had insurance on the sil80, i just left heaps of room infront of me so i could stop, still do. |
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