Car accident property damage?

Wet slick road after snow, the speed limit was too fast for conditions. I'd have to say that all three drivers share in the fault. Most of it shared by the other two. You may have to resign yourself to some compromises coming. Really, no way to predict. You'll just have to wait and see.
 
adjusterjack said:
Wet slick road after snow, the speed limit was too fast for conditions. I'd have to say that all three drivers share in the fault. Most of it shared by the other two. You may have to resign yourself to some compromises coming. Really, no way to predict. You'll just have to wait and see.
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I am sure this is the way the adjuster sees it. That is honestly proposterous. I did not have anyone in from of me for 100 yards or more my lane was completely clear ahead and I was certainly not moving faster than the flow of traffic. This other vehicle lost control changing lanes and came across two lanes of crashing into the concrete barrier blocking my lane. I would easily estimate we were going 10 miles under the posted limit. I was not following anyone too close or driving erratically. This vehicle became a barrier in MY lane and is certainly all at fault. My other question is do I have a responsibility to hit him?
 
stovie916 said:
I am sure this is the way the adjuster sees it. That is honestly proposterous. I did not have anyone in from of me for 100 yards or more my lane was completely clear ahead and I was certainly not moving faster than the flow of traffic. This other vehicle lost control changing lanes and came across two lanes of crashing into the concrete barrier blocking my lane. I would easily estimate we were going 10 miles under the posted limit. I was not following anyone too close or driving erratically. This vehicle became a barrier in MY lane and is certainly all at fault. My other question is do I have a responsibility to hit him?
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After starting to brake the distance was so great they we nearly slowed down to perhaps 20ish miles an hour before striking the truck so this truck was a good deal of distance ahead of me when he lost control as well. There was almost enough distance to stop but not quite. again, He wasn't in my lane though either so Its not like I was following too close. He was two lanes to my right.
 
Deflection. There is no way to verify how fast I or anyone else was travelling. Who caused the accident? Again the Truck crossed two lanes of traffic crashing into the concrete median. becoming a stationary object blocking the lane I was in. What can be said is there was not enough distance between me and the truck from me to stop safely at the speed we WERE travelling. maybe we were travelling 45-50 mph there is no way to verify if we were travelling 40mph vs 70 mph. certainly you can not place blame on me based on that.
 
stovie916 said:
There is no way to verify how fast I or anyone else was travelling.
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That works against all the drivers.

That three vehicles collided raises the "presumption" that one, or more, drivers were negligent by going too fast for conditions, following too closely, or failing to control the vehicle. Any or all of those are elements of negligence.

A "presumption" is

"a rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption. Each presumption is based upon a particular set of apparent facts paired with established laws, logic, reasoning or individual rights. A presumption is rebuttable in that it can be refuted by factual evidence. One can present facts to persuade the judge that the presumption is not true."

Presumption legal definition of presumption (thefreedictionary.com)

Your defense, of course, is that the truck appeared suddenly in front of you and you had no opportunity to avoid the collision. The insurance adjuster might or might not accept that. No way to predict.

stovie916 said:
Then why didnt I or the other driver get a ticket for some traffic offense if thats the way the law sees it..
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Because the officer didn't see the accident. Neither did I. I'm not here to apportion fault. I'm here to tell you how negligence law works so you are better prepared to handle any allegations made by other drivers.

By the way, have you opened a claim against the driver who rear ended you? If not, I suggest you do so. That driver is partially responsible for your damage. If he hadn't have hit you, your damage might have been less extensive. The truck driver's insurance adjuster may raise that as a partial defense.

I hope the claim eventually goes your way, but there are realities of negligence law that you might have to deal with despite not believing in them.
 
Don't make yourself insurance poor.

Do make sure you have enough of the correct insurance to make yourself WHOLE, despite the shenanigans and hijinks of the idiots that envelope us.

Insurance offers one the assurance that she/he will be made whole quickly, avoiding protracted litigation.
 
Sorry, "made whole" is a myth. Nobody is ever "made whole" in an insurance claim. Not even when you have appropriate coverage on your own property. At the very least there's a deductible, and other variables.
 
adjusterjack said:
That works against all the drivers.

That three vehicles collided raises the "presumption" that one, or more, drivers were negligent by going too fast for conditions, following too closely, or failing to control the vehicle. Any or all of those are elements of negligence.

A "presumption" is

"a rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption. Each presumption is based upon a particular set of apparent facts paired with established laws, logic, reasoning or individual rights. A presumption is rebuttable in that it can be refuted by factual evidence. One can present facts to persuade the judge that the presumption is not true."

Presumption legal definition of presumption (thefreedictionary.com)

Your defense, of course, is that the truck appeared suddenly in front of you and you had no opportunity to avoid the collision. The insurance adjuster might or might not accept that. No way to predict.



Because the officer didn't see the accident. Neither did I. I'm not here to apportion fault. I'm here to tell you how negligence law works so you are better prepared to handle any allegations made by other drivers.

By the way, have you opened a claim against the driver who rear ended you? If not, I suggest you do so. That driver is partially responsible for your damage. If he hadn't have hit you, your damage might have been less extensive. The truck driver's insurance adjuster may raise that as a partial defense.

I hope the claim eventually goes your way, but there are realities of negligence law that you might have to deal with despite not believing in them.
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I mean certainly the was negligence on the trucks part because he was driving in a manner that caused him to lose control of his vehicle. The adjuster of the truck is trying to raise the defense that the guy who rear ended me is at fault because he was following too close? like I stated the guy who rear ended me may have not even been in my lane directly behind me. so how can he be at fault if the truck was in my way and either I swerved, slid or hit the truck causing me to go into the next lane enough to be rear ended. my concern is this shady adjuster with the truck is going to try to place blame on my for being rear ended when in reality his insured caused the accident by losing control and crashing his truck into my lane. Do I have a responsibility to hit the truck? or is it reasonable for me to do what I can to get out of the way? either way I started to slide and lose control myself in attempt to avoid hitting the truck head on but still hit him anyway.
 
adjusterjack said:
At the very least there's a deductible, and other variables.
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Speak for yourself, mate.

I have no complaints about any insurance claim I've ever made.

I only need to notify my insurer of an incident, provide them with the necessary details, sit back and wait, in short order all is well.

My auto and homeowners is with USAA.

No complaints from me.

I've always been equitably compensated on any claim I've ever made.

As far as I'm concerned, I pay a little more for ZERO deductibles, which means I have no out of pocket for deductibles.

YMMV
 

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