Just another 240 wrote:wsupz
this morning around 3,4 in the morning i got into an accident. The taxi stopped right in the middle of the lane with no indicator picking up people. It was a green light so all cars were moving and by the time i notice that his car was stopped i brake but didn't have enough room so i hit him right in the back. It was a pretty hard hit but he got a minor damage, just a lil paint that looks like it chipped off(probably it was my paint that is stuck on his bumper but i didn't really check into that) For me my right side bumper's paint all cracked up and chipped off, my light wont' go back down, and right side fender's corner(the sharp part) bended in a bit. FUK!
Anyways i called the cops because the taxi have passenger in there and i dont' want them to fuk with me in the future or some **** like that, so i wanted everything on paper. There's this dude in the front seat that claim his neck is sore but did not go on to the ambulance and he's from england.
The cop told me the taxi is most likey NOt gonna bring it up to the insurance company cause is really no point for him.
The cop put down that he made a dead stop(stopped short as the cop put it) and i didtn' have enough time to brake and i hit him. But that's not what i told the cop so by what the cop put down who's fault will it be if the ins. company gets invlove?
Question- Even if he doesn't bring it up to the ins company, will the ins. know that we have an accident and rise both of our insurance becuase we have a police report?
A police officer can render an opinion, but is not a finality to who is at fault. Keep in mind, a police officer is as human as the next guy. And sometimes their investigation can be wrong or incomplete. As far as an adjuster is concerned, a police report has very little validity as evidence.
As far as rear ender's always being the fault of the person in the rear is not true. I'd say a majority of the time, yes, it turns out that way, but each accident is different.
It comes down to 3 things:1. What duty do you have on the road(pay attention, safe speed, safe following distance)2. What duties were breached(what did you do wrong)3. Did that breach cause the accident.
And this is applied to each car. What you did wrong is fairly clear. But what did the other person do wrong? And did it contribute to the accident. And if it did, to what extent(this is a judgement call)?
And even if your insurance company thinks there is partial liability, it does not mean the opposing insurance company will agree. In a large sense you and the other party have to prove liability. I doubt it will be hard to prove you rear ended the other car. Proving the other persn has any liabilty will be inherently more difficult in this case.