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re: Question about a 3 car collision - Who is at fault?

Posted on 9/18/17 at 6:20 pm to
Posted by Kraut Dawg
Member since Sep 2012
4503 posts
Posted on 9/18/17 at 6:20 pm to
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This post was edited on 11/8/20 at 10:06 am
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 9/18/17 at 8:13 pm to
My car is a 2011 Mazda CX-7 so it's only worth 10k or so. I'm not concerned with the limits.
This post was edited on 9/18/17 at 8:13 pm
Posted by JordonfortheJ
Bavaria-Germany
Member since Mar 2012
14547 posts
Posted on 9/18/17 at 8:21 pm to
quote:

He claims that driver 1 slammed on the brakes which caused me to slam on my brakes and there was nothing he could do to avoid the accident


He could start but not tailgating... If you're not up someone's arse and paying attention you can brake in time.(like you did)
He's 100% at fault.
This post was edited on 9/18/17 at 8:26 pm
Posted by ugastreaker
South Ga
Member since Jun 2015
4105 posts
Posted on 9/18/17 at 9:19 pm to
I've never heard anything about any limits in Georgia. However, in Georgia vehicle 1 and vehicle 2 could/ would be found at fault(s). Vehicle 1, obviously for minimum of failure to stop/ yield. Vehicle 2 for following to close. Ultimately it's up to the insurance companies regarding who's paying for what.
Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30600 posts
Posted on 9/19/17 at 8:01 am to
quote:

You should go see a doc though. Get an x-ray asap. If something is wrong, and you wait, you won't get paid.


...where did you go to law school?










just kidding.
Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30600 posts
Posted on 9/19/17 at 8:08 am to
quote:

This morning I found out he tried to open a claim with my insurance. He claims that driver 1 slammed on the brakes which caused me to slam on my brakes and there was nothing he could do to avoid the accident. Which is funny, because his truck was the only vehicle that had screeching tires. Dude just wasn't paying attention. And now he is trying to divert the blame. My insurance said we are not accepting fault though, so that's good. Just gotta wait and see now.


Don't sweat it. Vehicle #1 driver has NO case, and his insurance company won't pursue it either. Your company will file a claim against his company and his company will pay it (with or without his consent) and promptly increase his premium to cover their loss. ....you can't beat those guys.
Posted by GameCocky88
Mount Pleasant, SC
Member since Dec 2015
4837 posts
Posted on 9/19/17 at 11:07 am to
this is ultimately correct. It isn't worth it to his insurance to go through litigation for such a small claim. They'll pay you and jack his shite up.
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 9/19/17 at 2:47 pm to
This morning I was feeling some irritation in my neck. I wouldn't call it pain, but it doesn't feel good. I said something to my boss about calling in sick tomorrow if it's still bothering me. I'm gonna go get it checked out if that's the case. I have called the other drivers insurance company to let them know I might be going to the doctor tomorrow for it.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 9/19/17 at 7:17 pm to
quote:

In almost every situation Vehicle 1 is liable to both vehicle 2 and 3.


Not true, fwiw.

quote:

specially if you have a police report placing vehicle 1 at fault


Police don't determine who is at fault in the civil liability
Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30600 posts
Posted on 9/20/17 at 9:52 am to
"Police officers aren’t infallible. A thorough investigation by a claims adjuster may uncover something the responding officer missed.But in most cases, the police accident report is the deciding document for determining fault.It’s usually accepted by the adjuster as the most accurate assessment of the accident.

Police reports are very persuasive in personal injury claims. Unlike the adjuster, the police officer was actually at the scene of the accident. Their training enabled them to properly evaluate the accident and its causes, especially each driver’s fault."
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 9/20/17 at 10:05 am to
quote:

"Police officers aren’t infallible. A thorough investigation by a claims adjuster may uncover something the responding officer missed.But in most cases, the police accident report is the deciding document for determining fault.It’s usually accepted by the adjuster as the most accurate assessment of the accident.

Police reports are very persuasive in personal injury claims. Unlike the adjuster, the police officer was actually at the scene of the accident. Their training enabled them to properly evaluate the accident and its causes, especially each driver’s fault."



Yes the reports, but police dont determine the fault when it comes to civil liability. The report merely details the incident to their best knowledge.
Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30600 posts
Posted on 9/20/17 at 10:55 am to
Certainly. I assume that a judge/court would have to determine fault/punishment in any civil legal action, as well as criminal.
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 9/20/17 at 4:51 pm to
Update: Got my car checked out. Over 7k in damages. Probably totaled. I also went to a chiropractor today and hired lawyer to deal with the injury claim
Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30600 posts
Posted on 9/21/17 at 8:49 am to
Did you hire Purpleandgauld to represent you?


























Again,just kidding.
Posted by Tiger Live2
Westwego, LA
Member since Mar 2012
9590 posts
Posted on 9/25/17 at 11:39 am to
quote:

The police refused to come out? Wow. I've never heard that before

I've only heard of that in snow/ice situations, where there are so many accidents.
Posted by heartbreakTiger
grinding for my grinders
Member since Jan 2008
138974 posts
Posted on 9/25/17 at 4:24 pm to
You are in for an arse raping if you don't have good insurance
Posted by heartbreakTiger
grinding for my grinders
Member since Jan 2008
138974 posts
Posted on 9/25/17 at 4:27 pm to
If I was you I'd either kick dudes arse for lying or threaten to sue for medical issues since he tried to pull that
Posted by busteruga
Member since Feb 2013
311 posts
Posted on 9/29/17 at 5:48 am to
I work in insurance. This statement is correct.

I've never heard anything about any limits in Georgia. However, in Georgia vehicle 1 and vehicle 2 could/ would be found at fault(s). Vehicle 1, obviously for minimum of failure to stop/ yield. Vehicle 2 for following to close. Ultimately it's up to the insurance companies regarding who's paying for what.

Did you get a name of an individual at the police dept that you spoke to when they said they would not come if no injuries? Always helps to have a name. Also, witnesses and police reports are extremely important in the case of insurance claims. Lastly, because your insurance company is now involved, you should expect your premium to go up.

I was recently hit by a lady on a freeway. She got out freaking out, apologizing, asking me what I wanted her to do, etc. A witness stopped and gave me her name/number. Police came and lady changed her story. Now I hit her, lie lie lie. Cop called witness who corroborated my story and other driver was found at-fault. Her insurance fixed my car.
Posted by shotcaller1
Member since Oct 2014
7501 posts
Posted on 9/29/17 at 9:56 pm to
shite like this makes me want to get rear and front cameras
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 10/2/17 at 12:10 pm to
Some bad info in this thread.

Vehicle 1's insurance will pay for vehicle 2
Vehicle 2's insurance will pay for vehicle 3
Vehicle 2's insurance Co will then sue vehicle 1's insurance Co

Unfortunately I have been vehicle two when vehicle 3's driver saw a payday from vehicle 1 but I had to get sued first.

It is mental
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