Fighting Fault for Rear Ending

[GTI CANADIAN]

SO, on the weekend while travelling west on HWy1 in heavy traffic (Both lanes bumper to bumper) before exshaw, some old man decides he's gonna switch lanes, and then lock up the brakes so he can use the "Emergncy vehicles only" Turn abouts. So guy behind him hits car #1 (Old man) and I rear end the other guy car #2. (Actually My front left headlight hit his rear right tailight and such, I tryed to swerve, and brake, but traffic was super heavy)

Anyways, the RCMP said the guy in front recieved a ticket for it, and it was his fault. My insurance company says it's my fault. What can be done? Should I contact a lawyer?

[Stonewall]

Re: Fighting Fault for Rear Ending

You could contact a lawyer but every time I have heard of similar scenarios they leave you at fault for not leaving enough room between yourself and the car in front of you to safely stop. I think they sometimes even ding you if you stop and are then hit from behind and pushed into the car in front of you.

[P Arkus]

Re: Fighting Fault for Rear Ending

^^^Unfortunately I have always heard this same thing. Insurance doesnt give 2 sh!ts about who's fault the Police judge it to be. They go by the rule that if you hit somebody (rear end), its you're fault. Sorry about your luck man.

[MechEngg]

Re: Fighting Fault for Rear Ending

As for the three car collision i have been in one before unfortunately. I was the first car, completely stopped, the car behind me was completely stopped and the last car hit the guy behind me doing ~60km/h. Car flew into the back of my car. It was judged by the police AND insurance company to be entirely the last car's fault strictly because we were both completely stopped. The rule of thumb is that you have to leave enough room between your car and the car in front of you to allow for you to react and come to a complete stop if the car in front of you were to suddenly stop on a dime. These day's we don't usually follow that rule, but that is what the 5-8 second following rule came from.

In your case the guy in front probably got a ticket for his maneuver and using that turn about, and most likely changing lanes without sufficient space/time or something like that. But it is both your fault and the guy in front of you's fault for following too closely, technically you should have left enough room between you and the car in front of you to react and come to a complete stop, even if the car in front of you came to that immediate stop.

Sorry for your luck

[bart]

Re: Fighting Fault for Rear Ending

ya insurance companies decide who's fault it was not the cops

[100%VAGitarian]

Re: Fighting Fault for Rear Ending

yea traffic was crazy heavy there. mud hero race at rafter six ranch. people were lined up down the highway just for the turn off. it would be nice if his ins company paid for your deductible in a situation like this. same with merge stoppers. that way you both get somewhat dinged for the accident. you get an at-fault but at least you're not out of pocket for his moves. considering he was ticketed. sucks either way dude.

[BaggedGLI]

Re: Fighting Fault for Rear Ending

Yup, more than likely you are SOL, it sucks but all the insurance company sees is that you didnt leave enough space to come to a complete stop.

[idlandk]

Re: Fighting Fault for Rear Ending

I think your at fault for not leaving enough space between the car infront of you

[GTI CANADIAN]

Re: Fighting Fault for Rear Ending

So talked to the Adjuster today, she said they are not accepting liability for this accident, she also apologized for being such a ***** on the phone call the previous day. Said they're doing an investigation because they believe the guy in front is at fault. Said they've never seen a case like this before. Gonna be months before I hear who's at fault, cause they gotta get the police report, statements, and review case and tort law.

Hopefully it works out in my favor....fucking stupid old man...

[MechEngg]

Re: Fighting Fault for Rear Ending

If this happens to turn out in your favour thank the car gods (top gear's Richard Hammond ) that they looked at this from other angles than just the direct law as it is stated

[100%VAGitarian]

Re: Fighting Fault for Rear Ending

i wonder what ticket he got? if it's a careless driving ticket, i would think you case would be better. IMO it clearly shows his carelessness behind the wheel caused the accident.