Auto accident?

Question:

I was recently in an accident which damaged both vehicles. The car I hit was given the ticket because she stopped in the middle of a busy street. The police told each of us to contact our insurance companies. Now i'm arguing with my insurance company because they're telling me that i'm liable for all the damage because i hit her. They've automatically assumed that I was following at an unsafe distance, but what is considered and unsafe distance when someone does something stupid? How do i figure out who's at fault? The cops gave her the ticket, I was not ticketed. Shouldn't that say who's at fault?

Answer:
The ticket only shows someone violated a vehicle code. This does not determine negligence. The actions of the drivers are what determines negligence.

It sounds like you ended up rear ending this person. Although you may not have been following at an unsafe distance (you're supposed to drive 3 seconds behind the car in front of you) you were inattentive and struck a stopped car. Do you even know why this car was stopped in the road? If she wasn't stopped for some good reason (car stalled/broke down, avoiding a pedestrian/biker/animal in the roadway, avoiding another accident) the stopped car may carry some negligence.

It's pretty common to argue that if you hit someone from behind you failed to control the vehicle and are at fault. Other than presenting the ticket or report from the officer there isn't much you can do, but I would get a copy of the accident report from the officer and get it to one of the customer service managers.

In NJ you are responsible for your forward motion - even if someone does something stupid. Perhaps where you live there is a similar default liability?

Again, from a NJ resident standpoint, the cops issued probably a careless driving ticket for the inappropriate action. But the liability for insurance responsibility will rest with you.

I can tell you what Nationwide says about all that. I had the same situation but because she was sited, it was her fault. My insurance company called her to get her statement and she told them that the police officer issued the ticket to her so she was at fault. If you insurance company is any good, they will call and get her statement and it should make things better. If that don't work, have them get a copy of the police report and it tell in the report who is at fault. It should not have been on you.

if you rearended somebody, it is your fault. She could have been drunk, slammed her break with a tail light out, but if you hit her...it's your fault.

The laws stink sometime, bit they are what they are.

Sorry, but you are at fault for this accident.

You have a legal duty to travel at a safe distance to be able to stop before rear-ending the car in front of you. It does NOT matter why they stopped, a kid could run out in front of their car or they could just stop because they are an idiot. It doesn't matter!

As the trailing vehicle you have a responsibility to stay at a speed and distance to keep from rear-ending the car in front of you. With that being said nobody does this.nobody, but if you rearend somebody you're stuck being at fault.

Regarding the ticket that the officer gave the other driver, a ticket does not automatically meant the other driver is at-fault. Negligence is the key. She may have gotten a ticket for impeding traffic or something similar but you still have that duty to follow at a safe enough distance to stop no matter why they stopped.

If for nothing else than education and piece of mind I would ask your adjuster to send you a copy of your states statute that covers following at a safe distance.

Auto accident?

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