Insurance Question

[albatros43]

I'd love to know how this turns out, but I imagine the car that hit your car might be looking for damages from you possibly.

 

[7pt62THOR]

Dang brother! Glad everyone is OK!

 

[Junior_357]

OS...hate to give you potentially bad news, but since you swerved to miss the vehicle, and subsequently lost control of the vehicle, you may well be at fault for the damage to the rear of your car. The damage caused by the other person hitting your then stalled/wrecked car is their responsibility. My mother was an insurance adjuster for a lot of years...

But in the end, it's going to all hinge on how the police wrote the incident report....

 

[Okuma]

OS...hate to give you potentially bad news, but since you swerved to miss the vehicle, and subsequently lost control of the vehicle, you may well be at fault for the damage to the rear of your car. The damage caused by the other person hitting your then stalled/wrecked car is their responsibility. My mother was an insurance adjuster for a lot of years...

But in the end, it's going to all hinge on how the police wrote the incident report....

This is where my paranoia thinking got me. Thankfully the damage that totaled it will be from the other car hitting me.

 

[Okuma]

If I were to write this up I would find the vehicle that you initially swerved to miss at fault( call it unit 1), barring another vehicle that caused them to be there. Subsequently, it would still be the at fault party for the vehicle that hit you. As I would understand it, the insurance provider for that vehicle (unit 1), should be liable for the entirety of the accident. I base this on what you provided and my 11+ years of experience working accidents. As others stated, glad yall were ok. Could've been a nightmare.

Cool, this is how I think should be.

What is the value based on exactly? I'm guessing NADA like mentioned above, but which figure do they use? (rough trade in, retail, etc)

 

[Junior_357]

This is where my paranoia thinking got me. Thankfully the damage that totaled it will be from the other car hitting me.

Yep...I had the same thoughts when my daughter totaled her car last year.

Think of it this way:

If you hit someone in the rear end, you are at fault (generally following too closely) for the damage to your vehicle. If someone then hits you in the rear end, they are at fault for the damage to the rear of your car, and if the chain continues, it gets really muddy. I've seen a lot of that type of accident be written up as solely the fault of the last person in line...but not always...

Best of luck with the car...glad you are OK. The cars can be replaced...you and any other humans involved cannot be.

 

[Junior_357]

Cool, this is how I think should be.

What is the value based on exactly? I'm guessing NADA like mentioned above, but which figure do they use? (rough trade in, retail, etc)

When my daughter totaled her Mazda 3, they gave me actual replacement value including the lifetime ad valorem taxes I had paid on it. In the end, I came out a good $1K ahead of what I actually had invested in the car...made it a lot easier to hunt for an equal replacement.

 

[Okuma]

Yep...I had the same thoughts when my daughter totaled her car last year.

Think of it this way:

If you hit someone in the rear end, you are at fault (generally following too closely) for the damage to your vehicle. If someone then hits you in the rear end, they are at fault for the damage to the rear of your car, and if the chain continues, it gets really muddy. I've seen a lot of that type of accident be written up as solely the fault of the last person in line...but not always...

Best of luck with the car...glad you are OK. The cars can be replaced...you and any other humans involved cannot be.

Yeah my girlfriend kept apologizing for my car since I was picking her up from work and I kept saying I didn't give a **** about the car

 

[Blskypilot]

from my personal experience, since you DID NOT make contact with the other car, you are responsible for you hitting the wall....as far as the other cars hitting yours, i don't know.

I dunno, pretty sure that had that car not been abandoned in the middle of the freeway with no lights or hazards none of the following events would have occurred. OS hitting the wall trying to avoid a more serious accident was directly caused by the first vehicles accident. I'd be finding out who was the owner of that vehicle and what they had for insurance then finding an attorney if they deny responsibility.

 

[Junior_357]

Yeah...my daughter kept apologizing after her wreck, and I kept telling her that as long as she was OK and learned something from the experience (she was at fault...and could have been hurt badly were it not for the car's structure and a few inches difference in point of impact), then replacing the car is of no real consequence...