need some legal advise, crashed my 98 GT today [Archive] - GrandAmGT.com Forum

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theshaman3
03-21-2006, 05:52 PM
I rarely make post on this site but frequently check in when I have the time, and today I need some legal advise. I'm pretty sure I'm probably screwed but ya never know til you ask, so lets see how many lawyers are members...As I was driving home from work today on a two lane state route a car heading in the opposite direction made an illegal pass in a double yellow line with oncoming traffic. In front of me was a minivan which blocked my view of the passing car and the driver of the van made an abrupt stop where the speed limit was 50 mph. I was at least 10 car length behind but I still was unable to stop and rear ended the van going about 5-10 mph. My 98 Grand AM GT was minimally damaged, front end is out of proportion and I'm pretty sure the hood buckled because it is about 5 inches off the front of the car but it is still drivable. There was no damage done to the van but I am wondering if I am going to be "liable" for the accident since I rear ended another vehicle. I've done several Google searches but can not find any information regarding another wreckless driver being involved. I know my chances are bleak and it's gonna come down to my insurance company, from which I only have liabiltiy, but just thought I'd put it out there to see what you folks think. Thanks alot.

:banghead

2002GT
03-21-2006, 05:57 PM
I thought anything in the rear is automatically your fault, UNLESS blackedout tail lights, non working tail lights, or a brake check was done to you.

theshaman3
03-21-2006, 06:02 PM
That was my impression too, it just aggravates me to think that people can drive so carelessly and not be responisble for what they cause. I'll have to find my own way to get even...;)

RAZE
03-21-2006, 10:07 PM
Yes, you will be liable. You didn't allow yourself enough stopping distance if you rear ended the vehicle in front of you. You can put down that another car was a factor in the collision, but it's not going to take away any liability.

02andahalfgt
03-22-2006, 04:29 PM
Yes, you will be liable. You didn't allow yourself enough stopping distance if you rear ended the vehicle in front of you. You can put down that another car was a factor in the collision, but it's not going to take away any liability.

A guy I work with rear ended someone a few weeks ago on a 4 lane road, the person merged into the left lane so someone could turn out of a parking lot into the right lane, the cop determined that the driver he hit was at fault for merging and slowing down too much 'disrupting the flow of traffic'. He was called as a witness against the person he hit and cleared of any liability. When he got the papers in the mail to report to the hearing and saw that he had been appointed a prosecuting attorney he was like wtf?!
This is a slightly different situation, but there are some similarities.

99GAGTX
03-22-2006, 07:30 PM
If you're worried about being potentially sued by the driver of the van for stuff like whiplash and so forth, I'd say don't worry about it until it happens. But as for your insurance premiums, most insurance companies will give you a freebie or two if you haven't been at fault in an accident in the last few years. This differs from company to company. I've seen it happen with my dad where the police determined that he was partially at fault for hitting a vehicle due to circumstances beyond his control.

In your case, you could argue that the original car making an illegal passing manouvre caused a chain of events that caused you to hit the van. But they could also come back and wonder why 10 car lengths wasn't enough room to stop your vehicle. Excessive speed? Your fault. Mechanical problems with your car? Your fault for not maintaining a safe vehicle.

If you have a good driving record, and haven't made very many claims with your insurance, I wouldn't worry about it. Just tell them you tried to stop, but events beyond your control caused the accident. They might buy it. But like 2002GT already mentioned, most times if you rear end someone, it's automatically your fault.

nascarnate326
03-22-2006, 07:43 PM
I was cut off by a older guy in a ford taurus and then a school bus made a stop, and i nailed him. I had like 10 people that seen the whole thing, but the cop still sided with the taurus because i was behind. I was pretty pised, until i learned the old guy didnt have proper insurance papers. He ended up getting more fines then i did. Got 2 pts on license and insurance went up 1.50. Cost like 53 dollars to fix my blazer.

Im almost 100% sure you will get the ticket. All you can do is try and fight it, even though you will prolly not win. Situations like yours just suck. I dobt you will get sued.

crudbucket36
03-22-2006, 08:26 PM
I rear ended a van while I was on a business trip once. Cop said I was automatically at fault because I did not allow myself enough room to stop, as someone had mentioned earlier. Sorry man.

coupe
03-23-2006, 09:12 AM
That was my impression too, it just aggravates me to think that people can drive so carelessly and not be responisble for what they cause. I'll have to find my own way to get even...;)


OMG thats a stupid thing to say since you where driving just as carelessly and and not being responsible just like the other people involved.
If you would have kept a safe distance (like your supposed to do) you would have been able to sit back and laugh at everyone else who was just plain stupid after the accident.

botlfed
03-23-2006, 12:42 PM
As I was driving home from work today on a two lane state route a car heading in the opposite direction made an illegal pass in a double yellow line with oncoming traffic. In front of me was a minivan which blocked my view of the passing car and the driver of the van made an abrupt stop where the speed limit was 50 mph. I was at least 10 car length behind but I still was unable to stop and rear ended the van going about 5-10 mph.
:banghead
:applause: :asshat

Regardless of whether the an stopped for a valid reason or not, you started it all by making an illegal pass..... Upon knowing that you were purposely driving like a jackass, I would have asked for a reckless driving.. Then, you come onto a forum and admit that the pass was illegal, I'd say your Fuct... although I don't know what the insurance laws in PA are

Braves299
03-23-2006, 01:04 PM
:applause: :asshat

Regardless of whether the an stopped for a valid reason or not, you started it all by making an illegal pass..... Upon knowing that you were purposely driving like a jackass, I would have asked for a reckless driving.. Then, you come onto a forum and admit that the pass was illegal, I'd say your Fuct... although I don't know what the insurance laws in PA are

I think you read it wrong.

Slim
03-23-2006, 01:06 PM
:applause: :asshat

Regardless of whether the an stopped for a valid reason or not, you started it all by making an illegal pass..... Upon knowing that you were purposely driving like a jackass, I would have asked for a reckless driving.. Then, you come onto a forum and admit that the pass was illegal, I'd say your Fuct... although I don't know what the insurance laws in PA are

He didn't make the illegal pass. A car on the otherside of the road did which caused the van the slow down. At least that's what I gathered from reading the account.

But yeah, you're going to be liable for damages to the van since you rear-ended it.

botlfed
03-23-2006, 02:39 PM
oops, my bad...... I thought the van was blocking the car he tried to pass........(thats what I get for thinking)


still, Its unable to stop in the assured clear distance.....

REV13
03-23-2006, 03:26 PM
<< see my avatar? month ago...on I-95, some guy slammed on his brakes cuz he got cut off by some other guy that was gonna miss his exit (im guessing) n i didnt have time 2 stop...swirved out the way..lost control n hit the barrier...my fault for excessive speed..i was only doing 75mph:angel...point is im pissed..n ppl starting talking about their own accidents so i added =)...

oh yea...prob gonna b ur fault cuz 10 car lengths should of been enuff to stop..sorry man...wat insurance u got?

coupe
03-23-2006, 04:42 PM
<< see my avatar? month ago...on I-95, some guy slammed on his brakes cuz he got cut off by some other guy that was gonna miss his exit (im guessing) n i didnt have time 2 stop...swirved out the way..lost control n hit the barrier...my fault for excessive speed..i was only doing 75mph:angel...point is im pissed..n ppl starting talking about their own accidents so i added =)...

oh yea...prob gonna b ur fault cuz 10 car lengths should of been enuff to stop..sorry man...wat insurance u got?


Did you learn now that you need a good amount of space to stop? specially at that speed?

02andahalfgt
03-23-2006, 07:04 PM
<< see my avatar? month ago...on I-95, some guy slammed on his brakes cuz he got cut off by some other guy that was gonna miss his exit (im guessing) n i didnt have time 2 stop...swirved out the way..lost control n hit the barrier...my fault for excessive speed..i was only doing 75mph:angel...point is im pissed..n ppl starting talking about their own accidents so i added =)...

oh yea...prob gonna b ur fault cuz 10 car lengths should of been enuff to stop..sorry man...wat insurance u got?

So I-95 sucks in any state huh? lol

REV13
03-24-2006, 11:27 AM
So I-95 sucks in any state huh? lol

yea it %^$ing does

oh yea n i had da distance i just wasnt planning on stopping, i was planning on switching lanes to avoid him..lol..didnt go as planned..

coupe
03-24-2006, 11:32 AM
yea it %^$ing does

oh yea n i had da distance i just wasnt planning on stopping, i was planning on switching lanes to avoid him..lol..didnt go as planned..

Your not making yourself look any better by sayin that.

REV13
03-24-2006, 07:19 PM
^wasn't trying to buddy.....

digitalquirk
03-25-2006, 07:57 PM
Many years ago when I drove a Neon, I was involved in a multi-car pile-up on a nasty patch of black ice. I rear-ended a GMC Safari van. Didn't hurt the van; really messed up the front end of the Neon. Good thing I was going slow and left space; otherwise, it could've been a lot worse. That said, even though charges were not laid and there wasn't anything I could've done to avoid the collision, I was still considered "At Fault" by the insurance company. What I learned that day is if you rear-end another vehicle and the vehicle you hit isn't damaged and/or the person whose vehicle you hit doesn't care to report it for whatever reason, you're usually better off fixing it yourself even if there's absolutely nothing you could've done to avoid it (ie; can't stop on black ice). Front end repair isn't that difficult anyway.