BeBop Posted January 4, 2005 Report Posted January 4, 2005 ...y'all have been a great resource in the past. When I was in California a while back, I hit someone on the freeway from the rear. Am I automatically at fault, 100% According to the insurance companies involved, it's 'yes'. Doesn't matter that she was parked on the freeway, at night, in the rain, with her lights off (despite the fact that her car functioned perfectly and she was just lost - looking for the bus depot). What happened to negligence? I even posed the question (hypothetical) 'what if someone deliberately pulled in front of me and stopped to CAUSE an accident?'. The answer: if you hit him/her from the rear, you're 100% at fault. Wow. Metaphorical whiplash! Quote
catesta Posted January 4, 2005 Report Posted January 4, 2005 Been there. As far as I know you are absolutely correct. I have seen cases where multiple citations have been issued. An example: If someone stops their car in the middle of the road to let a duck cross. That person can be cited and faulted for an accident if one is caused. However, if you hit the person from behind, you will also be cited for something along the lines of failure to control or failure to avoid a collision. It's shit, you will still get the ticket and drilled by your insurance company. If you ask me, she should have been written up as well. Quote
Dan Gould Posted January 4, 2005 Report Posted January 4, 2005 I think the presumption has always been that you are at fault when hitting someone from the rear but from your description, I'd say you could refuse to settle and force them to sue, where you could bring up the true facts of the accident. As Chris mentions, she should have been cited. At minimum, she wasn't going the minimum of 40 mph in the travel lanes, and she failed to get out of the travel lanes. She's a freakin' moron! Quote
BeBop Posted January 4, 2005 Author Report Posted January 4, 2005 She's a freakin' moron! Can you sue someone for that? More relevantly, can I buy insurance against being the defendant in such a suit? I know, it's going to COST me. Quote
catesta Posted January 4, 2005 Report Posted January 4, 2005 She's a freakin' moron! Can you sue someone for that? More relevantly, can I buy insurance against being the defendant in such a suit? I know, it's going to COST me. It usually works the other way. The morons are the ones filing all the law suits. Not sure of any specific insurance to protect against morons, but I carry major extra liability coverage on my policies. Quote
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