Need a lawyer!!

[mazzgolf]

if you get hit from behind, it's the other guy's fault.

Not my fault, I was just moving with the traffic and slowing for traffic in front of me when I was hit out of nowhere, was able to prevent hitting the guy in front of me though. Lol guess that's a plus.

 

Let me give you two little stories that relate to this - these both happened a few years ago both to my wife (she's snake bit when it comes to people hitting her - never her fault thankfully)

 

First one she was yielding at a red light waiting to turn right. She was rolling right to make the turn but hit her brakes to yield to a car that was driving through. Guy behind her who was also turning right hit her. Guy complained to the cops that "she was going but then suddenly stopped and I hit her. It was her fault for stopping". Police wasn't buying what he was selling. Told him essentially it was his responsibility for controlling his car and he had to stop when the car in front of him stopped. Nothing she did would cause her to be at fault for him hitting her from behind, essentially is what the cop was saying. He got a ticket and paid for our new bumper.

 

Second time she was doing what GhostBear was doing - stop and go traffic - and got hit from behind, but she was pushed into the car in front of her. The woman up front who she hit called the police (which I do not fault her - my wife should have called it in, too). Well, wife had the kids in the car and was on her way somewhere and she didn't want to be late so she swapped insurance information with everyone but stupid her she left before the cop got there.  Yup, about a week later she gets a summons in the mail - "leaving the scene of an accident - come talk to the judge".

 

She had to go to court, waste a whole morning, and begged with the prosecutor to go easy on her. The prosecutor ended up giving her a small fine but it could have been a lot worse.

 

Moral of this story - if the police are called to an accident - even a fender bender - STAY THERE until the police arrive and they say you can go.

 

I still tell her and my kids - if you are EVER in an accident, call the police. I don't care how minor it is. Because you never know what story the other person involved in the accident is going to tell his insurance company. Better to have the police come and take your statement and file a report so no one tries to weasel out of what really happened later once that other person realizes "holy crap it costs HOW much to fix your bumper? Owwwww, all of a sudden my neck hurts, and it was all your fault."

 

But now I remind them, too, NEVER LEAVE until the police get there!

[Bucksnbows]

Your insurance carrier is full of lawyers trying to protect the agency's liabilities and financial exposure.  They will go after the insurance company of the guy that hit you to cover your losses as well as his losses.  That's how it works.  Hit from behind is pretty simple - it's his fault for following too closely and not being able to stop in time or not being able to stop because he was too stupid to clear his windows of fog and couldn't see you stop.  

[GhostBear]

I have New Jersey manufacturers ins, I was hit like this about 8-10 years ago, but the guy then accepted responsibility from the start, not sure if this guy is gonna try to blame me somehow or not, anyway, I'm off to the shop to have it looked at.

[Psehunter]

Yea unless you were hurt a lawyer isn't going to be able to do anything for you...The person who hit you ,their insurance will cover your car repairs or a pay out if your car is totaled .....I was taken out by a drunk driver back in 2009 , she was driving on the wrong side of the high way in the fast lane and I had box truck infront of me who got out of the way but it was too late for me and I clipped her with my passenger side dually wheel spun me sideways and flipped my truck over on its side...I talked with a really good lawyer and since I wasn't hurt there was noting that can be done...She gets her jail time and her insurance payed the $24k to fix my truck and for me to drive around in a rental truck for 4 months. That was the end of that

[Lunatic]

The compensation for your damages in a motor vehicle accident is not based on the actual reason why the accident happened, as long as you are not guilty, and you are not if hit from behind..  It is based on the amount of damage or your injuries. 

 

Disagree all you want, but it makes a difference if he wants to take legal action.  A simple "oops I was driving too close to you" is a lot different than a guy who had fogged up windows, or some other type of obstruction in his windshield.    

[Lunatic]

I have New Jersey manufacturers ins, I was hit like this about 8-10 years ago, but the guy then accepted responsibility from the start, not sure if this guy is gonna try to blame me somehow or not, anyway, I'm off to the shop to have it looked at.

 

Relax, you will be fine. I have the same insurance and they make it painless. They have a long list of shops to look at your car and I think they even have an app to help you file your claim with pictures for quick resolution.

[hunterdan199]

Don't forget you will still have to pay your deductible , isn't insurance great .

[outdoorslife]

That sucks Paul but at least it seems you've got all of your eggs in the basket and the other guy was definitely at fault. More importantly Im glad youre ok!

[Batsto]

Your insurance will go after the the insurance company of the guy who rear ended your vehicle. He is automatically in the wrong. Thank goodness you were not hurt. Also you had witnesses that gave information to the officer. Hopefully your insurance policy has you covered for a rental vehicle as you wait for them to cut the check.

[tjfslaughter]

Don't forget you will still have to pay your deductible , isn't insurance great .

nope.

[Cedars]

I am glad you didn't get hurt. Hope things work out for you. Nobody needs this kind of headache.

[1957Buck]

nope.

And another Big NOPE.  Direct Fault by the other driver you are fully covered. No personal Injury No need for any lawyers. Your insurance should pay you up front then go after the other insurer, Only in a Contributary Accident is the Fault shared and deductibles apply.     

[Haskell_Hunter]

You too can also file a report of the accident at the police station.  Go to the station in the town where the accident was and file your own report.  They will keep it on-hand, and it will be provided to the insurance companies when they request information from the accident.  A lot of people don't realize this, but it is a yuge help.  There is the cop's version of what happened and yours both documented as "official documents".  Saves time if you get into the situation where you are arguing with the insurance company over what happened.  Plus, your side of the story is given to the other person's insurance company.

[GhostBear]

Yeah, I'm fine, pix were all ready sent to NJM, and thier body shop took a slew of pix and is working up the repair, but he gave me another headache by telling me that with the mileage, the damage to the bed and the frame damage he's confident that it will be a total loss!! The only good news is I never changed the coverage from when I bought it, so I still have full coverage, not just liability, and the other guy still had a new car dealer inspection sticker on his window.

[tjfslaughter]

Yeah, I'm fine, pix were all ready sent to NJM, and thier body shop took a slew of pix and is working up the repair, but he gave me another headache by telling me that with the mileage, the damage to the bed and the frame damage he's confident that it will be a total loss!! The only good news is I never changed the coverage from when I bought it, so I still have full coverage, not just liability, and the other guy still had a new car dealer inspection sticker on his window.

You should really spend some time understanding your insurance overages and know what you have at all times. Its good that you have full coverage but don't just fold and take the first offer.  You can get more if you fight it a little