Rear Ending Someone

[HiTempguy1]

Quick question regarding an accident my sister was in:

Semi had a run in with another vehicle. Was parked in the middle of the right hand lane (4 lane divided highway). Conditions were getting pretty bad, at 60km/h my sister comes upon the truck with no flashing lights, no triangle, nothing, and rear-ends the truck.

Is she an idiot. Absolutely. But what happens now?

[Squishy]

Your sister is at fault. ANY collision that the individual rear ends someone, regardless, is at fault. Your sister should have been able to tell the truck was stationary. It's like coming up behind people going slower than you, you can tell they aren't going as fast so you either change lanes or adjust your speed accordingly.

[Zero102]

What happens now depends on what has happened already.

Were there police on the scene? Has the accident been reported to them already? Does she have the semi driver's insurance information, and do they have hers?
Has she notified her insurance company?

[HiTempguy1]

Originally posted by Zero102

Were there police on the scene? Has the accident been reported to them already? Does she have the semi driver's insurance information, and do they have hers?
Has she notified her insurance company?

AFAIK police were on the scene/reported (her car was a writeoff, mangled the front end of her 2000 Malibu). No ticket yet. I do not know (and do not believe) she has the semi driver's insurance info, but should have his name/number. I do not believe she notified her insurance company right at that second (yesterday), she is calling today from what I understand.

[ercchry]

police do not place blame or deem write-offs

if the semi is damage free and she had a 2000 malibu i would assess the cost benefit of replacement sub $4000 car vs 5 years of inflated insurance rates... but since she already called her insurance... too late?

[HiTempguy1]

Originally posted by ercchry
police do not place blame or deem write-offs

if the semi is damage free and she had a 2000 malibu i would assess the cost benefit of replacement sub $4000 car vs 5 years of inflated insurance rates... but since she already called her insurance... too late?

She doesn't have collision on her malibu (that would be insane) if that is what you mean? Otherwise, I don't quite understand. I would think the semi is relatively damage free, but I believe that is why she called her insurance company just in case.

[Zero102]

What he is saying is....
If the semi driver doesn't care about the damage (if any) to his trailer, then your sister may just go and replace her car and never report this to her insurance company.

That way her rates would not go up. A 2000 malibu is worth ~$1.5-3k depending on mileage and condition, and her rates would probably go up more than that for having an at fault accident, so it may be cheaper for her to just replace her car and move on if the semi driver is okay with it.

[HiTempguy1]

Originally posted by Zero102

That way her rates would not go up. A 2000 malibu is worth ~$1.5-3k depending on mileage and condition, and her rates would probably go up more than that for having an at fault accident, so it may be cheaper for her to just replace her car and move on if the semi driver is okay with it.

Oh, I see! Thank you, I guess that makes sense.

[J-D]

That's insurance fraud though, so don't let anyone find out if that's the case. :P

[theken]

How is that fraud? They wouldn't pay for damage to the car, and the trailer suffered no damage therefor no claim. That means no reason to say, "hey insurance I hit somebody, its not going to cost you anything but here's more money"

[slinkie]

Related, if hypothetically I wanted a newer spec rear end (bumper, tails etc) could I brake check someone and just say I saw a rabbit or something? What is an average rear end-impact airbag deployment threshold (kmh)? Is there any chance of being put at fault for this?

[J-hop]

Originally posted by slinkie
Related, if hypothetically I wanted a newer spec rear end (bumper, tails etc) could I brake check someone and just say I saw a rabbit or something? What is an average rear end-impact airbag deployment threshold (kmh)? Is there any chance of being put at fault for this?

if you do a brake check and the person hits you they were following to close

[revelations]

Originally posted by Squishy
Your sister is at fault. ANY collision that the individual rear ends someone, regardless, is at fault. Your sister should have been able to tell the truck was stationary. It's like coming up behind people going slower than you, you can tell they aren't going as fast so you either change lanes or adjust your speed accordingly.

No, thats not a 100% airtight statement.

If someone pulls out in front of you from a side street where you have no time to slow down or avoid the rear end collision, (with witnesses) it is highly likely the offending motorist will be found at fault, also for failing to yield.

Imagine the case of any large vehicle with a large stopping distance having to deal with this. You cant just make a blanket policy like that.



Originally posted by slinkie
Related, if hypothetically I wanted a newer spec rear end (bumper, tails etc) could I brake check someone and just say I saw a rabbit or something? What is an average rear end-impact airbag deployment threshold? Is there any chance of being put at fault for this?


As long as you stick to your statement there should be no problems from the insurance standpoint. I've thought about the same with the dumbasses that sit on your tail when youre out of the fast lane and moving with traffic. It wouldnt have to be a very hard impact at all to break your plastic bumper in these conditions either.

I've heard of stories of people who had a disconnect switch for their brake lights on their dash and would simply create stupid accidents to get paid out. I'm sure the insurance companies will catch on pretty quick though.

Airbag deployment varies from year to year.

[J-hop]

Originally posted by slinkie
Related, if hypothetically I wanted a newer spec rear end (bumper, tails etc) could I brake check someone and just say I saw a rabbit or something? What is an average rear end-impact airbag deployment threshold (kmh)? Is there any chance of being put at fault for this?

also consider though, it takes very little to hurt your neck/back in rear enders, so if you are dumb enough to inflict personal damage to get a "sweet kit" for your car then have at it.

[Squishy]

Originally posted by revelations


No, thats not a 100% airtight statement.

If someone pulls out in front of you from a side street where you have no time to slow down or avoid the rear end collision, (with witnesses) it is highly likely the offending motorist will be found at fault, also for failing to yield.

Imagine the case of any large vehicle with a large stopping distance having to deal with this. You cant just make a blanket policy like that.

yessssssss, I fully agree with you, but what I'm saying is if you're driving behind someone as it is or you come up behind someone, then if you rear-end them you're at fault. Of course pulling out of a parking lot or somewhere you are required to fully stop or yield before exiting and causing an accident would have the person exiting at fault.

[revelations]

.

[Masked Bandit]

Originally posted by J-D
That's insurance fraud though, so don't let anyone find out if that's the case. :P

Not at all. There is nothing wrong with two parties working things out themselves outside of insurance. It happens all the time. I often advise my clients to deal with things outside of insurance if it's to their benefit.