I was coming home from school and i stopped a a light that just turned red. well the TOW TRUCK behind me i guess thought he could make it or wasnt paying attention. Well he plows into the back of me. My hatch is bent and wont open, my tailights are all broken, the bumper is smashed, somthing is wronge with my stero bc it wont play(im thinking my amps are broken or somthing bc they are located at the corners of the trunk and the sub is inbetween them). it is still drivable, but some seriouse damage to the rear. and it migh be totalled bc i know how much all that woul cost to be replaced and its border line of the price of the car. Well im a ignorant 16 year old, and being my 1st accident and my unexperienceness, i didnt get a police report after asking the guy if i need one, he tells me like 3 times i dont need one so im like alright, he SAYS its his fault and i get his insurance information. well i go home and my dad tells me we need a police report so we go to the police station. we get one and call there insurance company, well the insurance company tells us that the tow trucking place plans on fixing my car. So im like alright. Well we file a police report. Well i get a call 10 mins ago saying that the guy driving the tow truck is trying to blame it on me saying that i changed lanes at the light, which i didnt. and that it was my fault and all this BS. now im freaking out bc i dont have the money to get it fixed and im just mad about this. i also might have whiplash and will prolly be going to the doctor tomm bc my neck hurts, but it has been hurting all day so i dont know.
I just need some advice so i dont get screwed. Im also really pissed bc i hate this ****
I also had a passenger so i do have a witness which im thinking is going to help me alot.
advice after being hit
As for the car...your witness is a good thing, just stick to the facts of the police report and I bet it'll all turn out allright. Just dont say anything that could be as construed as accepting blame to anyone.
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TrunkMonkey
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i'm not sure where your from, but in south carolina you're at fault if you hit someone from behind, end of story. here, the tow truck driver is at fault no matter how many times he changes his story, or how credible a witness may or may not be.
you shouldn't have anything to worry about. make sure you have an accident report from the cop and the tow truck driver's info. give it all to your insurance company, and let them handle it.
-demetrius
you shouldn't have anything to worry about. make sure you have an accident report from the cop and the tow truck driver's info. give it all to your insurance company, and let them handle it.
-demetrius
Call your insurance company...did you have physical damage coverage?
If your dealing with his insurance company just tell them that he admitted fault at the scene of the accident.
He admitted it was his fault...he hit you from behind. He was following too close. This should be a no-brainer.
Don't let them push you around. Go to the doctor if your neck hurts. Tell *his* insurance company that you had to see a doctor due to injury sustained in the crash.
If your dealing with his insurance company just tell them that he admitted fault at the scene of the accident.
He admitted it was his fault...he hit you from behind. He was following too close. This should be a no-brainer.
Don't let them push you around. Go to the doctor if your neck hurts. Tell *his* insurance company that you had to see a doctor due to injury sustained in the crash.
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Florida240sx
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2012 Nissan Altima S coupe 2.5 - Location: DeLand FL
It is hands down his fault. Because he rear-ended you. End of story. Even if you switched lanes suddenly liek cuttign himm off and braking it will still be his fault. As for your neck hurting you are probably screwed. Because I beleive the law here is that if don't ask for medical attention at the scene of the sccident you can not receive and medical funds.
get a FREE attorney consultation immediately! start documenting everything: pictures of the scene, estimates, police report, telephone calls, request insurance co. responses IN WRITING. dont contact anyone else until you talk to a lawyer. he rear ended you he is at fault. the fact that the tow company admitted to an insurance agency or police that an accident even occurred means its in your favor. this guys trying to screw you. no police report ,yeah right, what a scumbag. dont listen to the cops get a lawyer. the fact that he dissuaded you, a minor, from getting a police report, when he is a tow truck driver demonstrates he has no scruples and you need a lawyer. i wouldnt be surprised if he knows the cops you dealt with. besides the cops wont do anything for you they just want to avoid paper work.
court sucks but i agree with the others you need to up the ante and make these pricks crap in their pants.
court sucks but i agree with the others you need to up the ante and make these pricks crap in their pants.
Good advice. Realize that the tow truck driver may stand to lose his job if this goes against him, and he may not be able to get another one. He'll do anything to try to get this behind him. Don't be scared and stand your ground. The system *usually* works. Don't let the other guy, his employer or the police tell you what's up. I think the worst thing that can happen to you is that your car's totalled and your (parents') insurance rates go up, unless the other guy actually claims you hit him on purpose.Are you on your parents' policy? What is your insurance company saying about this?
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StrangeLove
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Florida240sx wrote:It is hands down his fault. Because he rear-ended you. End of story. Even if you switched lanes suddenly liek cuttign himm off and braking it will still be his fault. As for your neck hurting you are probably screwed. Because I beleive the law here is that if don't ask for medical attention at the scene of the sccident you can not receive and medical funds.
exactly, if he hit you from behind, its his fault. In the future, always call the cops when you get in an accident, even if you think its minor
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C-Kwik
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I am an insurance adjuster and here are my thoughts:
#1. You do not need a police report. The police do NOT decide who is at fault. The best they can do is offer an opinion and take down some information. Technically a police is hearsay. Unless the officer taking the report saw the accident occur, it will hold very little weight. Some judges may look at a police report ina small claims hearing to try and get a better idea and sometimes there is info in it that might be helpful in the line of questioning. Keep in mind most police departments will only go out to an accident if there are injuries or a car is disabled. A good 60-70% of the claims I handle do not have police reports.
#2. Calling someone else a liar has little credibility. If the facts alone show he is lying then you don't have to say it. and if it doesn't then you really have no proof of it and it can make you look like you are reaching.
#3. Simply going to court is probably not the answer. See what his company's insurance has to say first. After they complete their investigation, they may end up paying it.
#4. Yes, your witness has little credibility. An independent witness holds a lot more weight. When I interview a potentially biased witness, I actually look to see if there are any inconsistencies betweeh the witness and driver statements. If they macth, it doesn't help much either way. If it doesn't match, you can use it against the driver.
#5. Just because someone hits you in the rear does not absolve you from liability. If you were to change lanes in front of the other vehicle in such a manner that the other person can not stop in time, then it is your fault. The space from the front of a car to the back of the car in the lane in front of it is technically the rear car's space. If you decide to occupy that space, you are responsible for making sure that you do so in a manner that doesn't create an unsafe situation for the driver behind you. Not that this applies to this case, but considering a couple of comments about rear end accidents being thrown out, I think it had to be addressed. There can be other situations as well. No claim should ever be looked at as the same as another. There can be similarities, but each need to be evaluated on the merits of it's own case. Even laws do not necessarily dictate liability. Laws are generally written with a certain amount of common sense in mind. The ultimate model to observe is a reasonable prudent driver. There are no laws that I know of that say that a person has to avoid an accident should you have the chance. But if you do fail to avoid an accident that you can avoid, you can be found at fault or at the least placed with some of the blame(subject to certain negligence law limitations dictated by each state). A person who is drunk isn't automatically at fault either. Actually being drunk in that of itself is not a cause of an accident in a technical sense. The person still has to breach a duty that directly causes the accident. If a drunk driver is sitting at a red light and gets rear ended, he's not at fault. He was breaking a law by driving drunk, yes, but that wasn't the cause of the accident. Conversely if a drunk driver runs a red light and hits a car, it's not the drunk driving that is the reason for the accident. It's running the red light that is the cause.
#6. If you do not have collision coverage, the best you can hope for from your carrier is for them to defend you should the tow company or driver pursue damages from you. An insurance company is not a plaintiff attorney. When they go after people or other carriers they do so under subrogation rights they get when they pay for damages. If they pay $0.01 for damages that someone else is responsible for, then they are entitled to pursue that $0.01 from the responsible party. Of they pay nothing, legally, they can't do anything. They can try to argue for your damages, but if the other carrier is set on their decision, then they can't do anything.
#7. Your rates should not go up if your carrier determines that you are not at fault. And keep in mind both companies do not have to agree. Most major insurance companies are members of Arbitration Forums, but that can only be used by a company that is actually pursuing damages. Arbitration can decide a case, but insurance companies will stick to their original decision even if they are forced to pay out. In that case, if they originally found you not at fault, that decision should still stand. The only other entity that could force a decision is the courts. And it's relatively rare that a case ever gets into litigation whether it's small claims or a jury-tried case.
#1. You do not need a police report. The police do NOT decide who is at fault. The best they can do is offer an opinion and take down some information. Technically a police is hearsay. Unless the officer taking the report saw the accident occur, it will hold very little weight. Some judges may look at a police report ina small claims hearing to try and get a better idea and sometimes there is info in it that might be helpful in the line of questioning. Keep in mind most police departments will only go out to an accident if there are injuries or a car is disabled. A good 60-70% of the claims I handle do not have police reports.
#2. Calling someone else a liar has little credibility. If the facts alone show he is lying then you don't have to say it. and if it doesn't then you really have no proof of it and it can make you look like you are reaching.
#3. Simply going to court is probably not the answer. See what his company's insurance has to say first. After they complete their investigation, they may end up paying it.
#4. Yes, your witness has little credibility. An independent witness holds a lot more weight. When I interview a potentially biased witness, I actually look to see if there are any inconsistencies betweeh the witness and driver statements. If they macth, it doesn't help much either way. If it doesn't match, you can use it against the driver.
#5. Just because someone hits you in the rear does not absolve you from liability. If you were to change lanes in front of the other vehicle in such a manner that the other person can not stop in time, then it is your fault. The space from the front of a car to the back of the car in the lane in front of it is technically the rear car's space. If you decide to occupy that space, you are responsible for making sure that you do so in a manner that doesn't create an unsafe situation for the driver behind you. Not that this applies to this case, but considering a couple of comments about rear end accidents being thrown out, I think it had to be addressed. There can be other situations as well. No claim should ever be looked at as the same as another. There can be similarities, but each need to be evaluated on the merits of it's own case. Even laws do not necessarily dictate liability. Laws are generally written with a certain amount of common sense in mind. The ultimate model to observe is a reasonable prudent driver. There are no laws that I know of that say that a person has to avoid an accident should you have the chance. But if you do fail to avoid an accident that you can avoid, you can be found at fault or at the least placed with some of the blame(subject to certain negligence law limitations dictated by each state). A person who is drunk isn't automatically at fault either. Actually being drunk in that of itself is not a cause of an accident in a technical sense. The person still has to breach a duty that directly causes the accident. If a drunk driver is sitting at a red light and gets rear ended, he's not at fault. He was breaking a law by driving drunk, yes, but that wasn't the cause of the accident. Conversely if a drunk driver runs a red light and hits a car, it's not the drunk driving that is the reason for the accident. It's running the red light that is the cause.
#6. If you do not have collision coverage, the best you can hope for from your carrier is for them to defend you should the tow company or driver pursue damages from you. An insurance company is not a plaintiff attorney. When they go after people or other carriers they do so under subrogation rights they get when they pay for damages. If they pay $0.01 for damages that someone else is responsible for, then they are entitled to pursue that $0.01 from the responsible party. Of they pay nothing, legally, they can't do anything. They can try to argue for your damages, but if the other carrier is set on their decision, then they can't do anything.
#7. Your rates should not go up if your carrier determines that you are not at fault. And keep in mind both companies do not have to agree. Most major insurance companies are members of Arbitration Forums, but that can only be used by a company that is actually pursuing damages. Arbitration can decide a case, but insurance companies will stick to their original decision even if they are forced to pay out. In that case, if they originally found you not at fault, that decision should still stand. The only other entity that could force a decision is the courts. And it's relatively rare that a case ever gets into litigation whether it's small claims or a jury-tried case.
we are getting estimates tomm and then we are going to talk to the tow company. The tow company has a junked 240sx out back and think its just the tailights or somthing small. but i have taken pictures of the car and plan on just telling the tow company what really happen, and that there driver told me repeatly that we dont need a police report, and that he admitted blame at the scene. I dont think the car is worth it to get fixed, bc it would be a new hatch, bumper, tailights, and everything behind the tailights bc its all smashed in good. I might be going to the doctor tomm too if my neck still hurts. its just when my allergies act up i get a head ache and my neck stiffins up and i couldnt tell the difference at the moment.
you guys have made me feel better about the police report. its i only have liablity only with my insurace company, and my family really doesnt have any money to put into cars, so if im stuck with the bill im pretty much screwed for a couple months.
I believe my parents are talking to a laywer friend of ours tomm mornign while im at school to find out what we should do. and if the tow company does accept fault, we will have to take legal action
you guys have made me feel better about the police report. its i only have liablity only with my insurace company, and my family really doesnt have any money to put into cars, so if im stuck with the bill im pretty much screwed for a couple months.
I believe my parents are talking to a laywer friend of ours tomm mornign while im at school to find out what we should do. and if the tow company does accept fault, we will have to take legal action
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C-Kwik
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The tow company doesn't decide what the insurance company does. Their insurance company will investigate the facts and make their own decision. Of course you have the burden of proof to an extent, but it's hard to dispute a rear ender without reasonable proof that you did anything wrong. While there is no guarantee the insuranc company will decide in your favor on their own, I'd wait to see what they say before you get too worried...
well my dad went and got estimates while i was at school and they all said it will be totalled. and then he went and talked to the tow company. the tow company boss wants to work with us. and apperently the driver that hit me pays $1500 a month on car insurance. So the tow truck boss wants me to get a price that im happy with. and they say they can put taillights on the car so i can drive it again and ****.
So now i have to think about how much moeny i want for the car. then add $500 pretty much, bc my stero is not working now and i think the crash broke my amps and sub, it could just be the fuses but i dont know.
I was thinking $2000 for the car $500 for the radio. and then factor in paying them to put on new taillighs and such
So now i have to think about how much moeny i want for the car. then add $500 pretty much, bc my stero is not working now and i think the crash broke my amps and sub, it could just be the fuses but i dont know.
I was thinking $2000 for the car $500 for the radio. and then factor in paying them to put on new taillighs and such
Apparently there's a good reason why he pays that much. Bastard. I'd nail him to the wall for trying to weasel out of it. If that happened to me and the guy called *me* a liar I'd do my best to make sure that he and his family ended up eating cat food (and not the good stuff like Fancy Feast) for dinner for a few months.PurpleDuck236 wrote:and apperently the driver that hit me pays $1500 a month on car insurance. So the tow truck boss wants me to get a price that im happy with. and they say they can put taillights on the car so i can drive it again and ****.
