Whos at fault?

A

asianisafish

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So I've always been told that if you rear end someone, its generally always your fault for various reasons.

So lets say there are 3 drivers. You, Driver A, driver B

Driver B hits Driver A and Driver A car is knocked into your lane

your car then hits Driver A car from the sudden accident Involving Driver B hitting Driver A

Are you at fault for hitting driver A?

How would this scenario play out?
 
Would you happen to be one of the parties in this scenario? From my experiences, driver B causes it, they're on the hook for all damages caused.
 
With your very limited details, in the state of MI, with witnesses or course, driver B is on the hook as they're the only one who will get a ticket. Will be up to the police and possibly a judge.

But, this depends on insurance as well. With AAA, as long as I'm not 51%(or more)at fault, I pay nothing.
 
NY is "no fault" state so no one is at fault. Its a beautiful thing (NOT)
 
If that happened to me, I'd get out and tell both of them "ok, I don't want any part of this on my insurance, I don't want any part of this at all! Since he hit you and caused this whole situation to happen, how about we forget I was even here and you can both agree that all your damage was caused by 1 car, his car rear ending you"

Then I'd go away and fix my own car. Hopefully the damage isn't too bad, but I'll live.

But if the damage to your car is significant, then I don't know I guess you might stick around and get involved. But I doubt you'll be at fault. But you never know, which is why I would rather not be in the report.

Call your insurance company and ask them the same question. I've done it before and they had no problem with me asking an anonymous question like that, even though it was pretty obvious I was asking about my own situation.
 
asianisafish said:
So I've always been told that if you rear end someone, its generally always your fault for various reasons.



So lets say there are 3 drivers. You, Driver A, driver B



Driver B hits Driver A and Driver A car is knocked into your lane



your car then hits Driver A car from the sudden accident Involving Driver B hitting Driver A



Are you at fault for hitting driver A?



How would this scenario play out?
Click to expand...


Was your car moving at the time of impact? If so insurance may say you are partially at fault due to not being aware of your surroundings and anticipating a collision. If you were stopped you are not at fault due to not having the option to get out of the way. This is what I was told by both insurance companies when I got rear ended and I was stopped at a light. Other driver said it was my fault for not not getting out of the way if I didn't think she was gonna stop.
 
Eldorado2k said:
If that happened to me, I'd get out and tell both of them "ok, I don't want any part of this on my insurance, I don't want any part of this at all! Since he hit you and caused this whole situation to happen, how about we forget I was even here and you can both agree that all your damage was caused by 1 car, his car rear ending you"

Then I'd go away and fix my own car. Hopefully the damage isn't too bad, but I'll live.

But if the damage to your car is significant, then I don't know I guess you might stick around and get involved. But I doubt you'll be at fault. But you never know, which is why I would rather not be in the report.

Call your insurance company and ask them the same question. I've done it before and they had no problem with me asking an anonymous question like that, even though it was pretty obvious I was asking about my own situation.
Click to expand...




I don't understand why if you aren't at fault why you would leave. Do you have a car full of drugs you don't want to be found lol?

As for the original question if you are just driving in your lane and another vehicle enters it and you hit them you shouldn't be at fault unless they were driving in the same direction as you and you just didn't see them and you rear ended them and past that you only should be in any trouble if you were under the influence of alcohol or drugs.
 
David Hayward said:
I don't understand why if you aren't at fault why you would leave. Do you have a car full of drugs you don't want to be found lol?

As for the original question if you are just driving in your lane and another vehicle enters it and you hit them you shouldn't be at fault unless they were driving in the same direction as you and you just didn't see them and you rear ended them and past that you only should be in any trouble if you were under the influence of alcohol or drugs.
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If you don't want it on your Carfax.
 
Doesn't that only get on the carfax if repairs are done not just having your name on a police report? And then past that if someone is buying your car later isn't it only fair they know it was repaired?
 
In Ohio driver A would be at fault because he entered your lane, regardless of reasoning.
 
asianisafish said:
So I've always been told that if you rear end someone, its generally always your fault for various reasons.
Click to expand...

Generally always...but not: Always always.
(Comparative negligence comes to mind)

asianisafish said:
Are you at fault for hitting driver A?

How would this scenario play out?
Click to expand...
IMHO there is no room for speculation when
it comes to determining "who's at fault" at
the scene of an accident...or, the waiving of
third-party liability claims.

Then again:
Remember that when seeking out "legal advice"
on a detailing forum...you get what you pay for.


Bob
 
David Hayward said:
I don't understand why if you aren't at fault why you would leave. Do you have a car full of drugs you don't want to be found lol?
Click to expand...


Nope the car's not full of drugs. And even if it was, they'd be locked in the trunk, not falling out of the crashed front bumper. Lol.

... But anyways, there's a couple of reasons why I'd choose to do it that way. For 1, it's going to cost you. Even if you're not at fault, going through the insurance means you're going to have to pay the premium of at least $500 no matter what. Then it goes on your driving record which in turn raises your insurance rates for the next few years. Not to mention, in the situation he described it's not totally impossible that you might just be at fault, considering you hit the rear of another vehicle. There's nothing good about any of that.

I've always done my best to ensure I keep a clean slate not only in regards to criminal record, but just as important is a clean driving record.

I've been pulled over 3 times since March, twice for bearly slowing down at a stop sign, and both times I've been fortunate enough to be let off with a friendly warning. The other time I was stopped for no reason at all aka racial profiling.. And even that time everything turned out ok because I know how to be respectful and just treat the cops like normal cool people.

I've been very fortunate. *knocks on wood*

As far as the person who purchases the car from you deserving to know if it's been crashed or had any major repairs? Well that's why you tell them the complete and honest truth when you're selling the car to them! Who sells a car and lies about it's history? Smh.

Anything beyond the person you sell it to becomes part of the past and not your responsibility. It's only a car afterall. There's more important things in life than the details on a carfax. Lol.
 
Hmm maybe it's different here, but someone hit me once and it cost me nothing. Nothing goes on your record as an accident or anything unless you were determined at fault and cited for some type of violation. It will cost you though if the at fault driver was either under, or not insured. But just leaving the scene is going to for sure cost you no matter what. I'd rather stick around if I know I'm not at fault to have the chance at their insurance covering it.
 
And as for the carfax thing, that's what I was getting at. If you are going to tell someone anyway what does it matter if it's on the carfax. I know it's not the end all be all on a cars history since people can either know a friend or shop or fix the car themselves and never have records. But if the car has been hit I see no reason to worry about it being on your car fax since it should be anyway.
 
In Ohio the only way you would be at fault for this would be if you rear ended someone from not having assured clear distance. Now if that person swerved into your lane then you would be at fault probably assuming no witness being your word against theirs, but since they were hit and that caused them to travel into your lane the initial accident caused a situation that you couldn't avoid and that first person that hit the other car would be at fault.
 
And yes not being a police officer, which honestly sometimes they aren't even familiar with the law in special situations, or lawyer we don't have any way to give guaranteed answers on the subject.
 
California is the worst, trust me.
When I told my brother about getting pulled over the other day and getting off with a warning he was like Wow.

I didn't really sink in until he reminded me that that ticket for running a stop sign costs over $300. I could almost buy a freaking Rupes 21MK2 with that money! Lol.

And it's no joke, a few years ago I had to pay $220 for a simple seat belt ticket.. How crazy is that. Smh.
They try to find any reason to tax you over here.. Btw the cost for this water conservation act is getting really stupid. I might just have to start taking rinseless showers soon :p j/k
 
David Hayward said:
Hmm maybe it's different here, but someone hit me once and it cost me nothing. Nothing goes on your record as an accident or anything unless you were determined at fault and cited for some type of violation. It will cost you though if the at fault driver was either under, or not insured. But just leaving the scene is going to for sure cost you no matter what. I'd rather stick around if I know I'm not at fault to have the chance at their insurance covering it.
Click to expand...

That's the way it is here too. Less than 50% at fault and you don't pay anything. You have to be careful though. Did you take pictures at the accident scene?
 
Yeah I've never been in accident actually, I was just watching YouTube videos and saw an accident with that same scenario, I was just wondering who would be at fault, that's all lol
 
I must confess [actually I had sort of forgotten] that I do have a recent accident on my record. My current DD that I crashed over a year ago got a police report because the lady who I crashed into refused to take my advice and insisted we get the police and insurance involved... The problem was that I didn't have insurance at the time. [it's a long story, I had just recently bought the car though]

I tried as nice as I could to tell her I'd give her money to repair her car. I offered her up to $900 cash that same day, meanwhile my own car looked like a disaster.. But I was only concerned with dealing with her because I was at fault.

This is the very minor damage I did to her car...

View attachment 39257

Meanwhile, look at what happened to my car! Btw I had just bought my 1st DA and it had only been 1 week since I polished the whole entire car to swirl free perfection :(

View attachment 39258

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So anyways, she didn't want to accept my cash offer and instead wanted to use insurance even though I repeatedly told her I had none.. Well the cop showed up, separated us, took the report and informed her the details, gave her paperwork and she started her car and sped away looking all furious...

So next the cop came over to my car and handed me my part of the paperwork. I asked him what happens next? I honestly had no clue how it would turn out. He told me "well basically she's kind of screwed because you didn't have insurance". "So she's going to have to deal with her cars damage"

In turn I recieved a ticket, which I assumed would be the mother of all tickets. [I was expecting it to be about $1,400 or so]

Within 1 week I began fixing my car with the help of a friend.

View attachment 39260

I found a decent enough looking hood and fender at the junkyard..

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And we put my car back together.

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I had only used my DA twice at this point, so I was just learning and testing out what I could do with it.

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The next week I went to Meguiars TNOG and Michael Stoops took the defect removal from my noob to his pro of pros and I couldn't believe it. I felt like I had went through hell and back within that short time beginning with the accident and thinking my car would be no more. All I could be was thankfull.

View attachment 39265

I felt bad for the lady, but I offered to pay for her damage and she refused to take my money. So I tell you from my own experience.

Last notes. My ticket turned out to be $485, and after seeing the judge and showing that I had since gotten the car insured and proper, he reduced my ticket to $285. I paid it.

My insurance did go up a bit. Sorry for the long post but yea.. Lets hope her little dent will appear on the carfax and make the future owner feel so much better about their used car purchase.

The end.
 
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