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Wow, can they really do this? rear-ended

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shateredsoul:
So my Father was rear-ended recently when he stopped to let a car out of an alley (the car is only wide enough for one car).  The lady claimed that it was my father's fault because he stopped suddenly.  She thought she had a case and was yelling called the cops and all.  Her car, a Toyota Prius, was totaled my fathers car (a 1980 ford f150) only ended up with a bent bumper and broken tail light. At first her insurance company sent in the paper work and was going to come in to look at the damage on my dad's truck, but all of the sudden they canceled and now they said it was my dad's fault.

She has some tiny insurance company, and they found my dad at fault.  According to two so called witnesses, my dad went into reverse right into the lady. Before the lady said that my dad stopped suddenly and that was the cause of the accident. A local restaurant owner and worker came out after the crash, but they saw that these two witnesses didn't arrive until after the crash. Allstate, my father's insurance company, aren't really being of much help. They asked him if he really wanted to maintain his statement, and if he realizes that this means she might take them to court.  They claimed that they were there for the police's arrival, which is not true (the two witnesses on my dad side can testify to that).

My father also had a passenger with him, a friend.  But for some reason they aren't taking that witness as seriously.

 :angry:

wp34:
However unfair he might be out of luck.  I had always been told that the person in the rear is ALWAYS at fault in these cases.  It is their duty to be paying attention to what is in front of them.  But I had a friend who stopped short on an exit ramp recently and the person behind her (following too closely) hit her.  My friend ended up being at fault. 

I know it doesn't take much to total a car these days but was she traveling at a high rate of speed? 

I hope it works out for your dad.

Benevolance:
In most cases the vehicle behind is at fault, but I've known a few instances where the vehicle in front was held at fault because it reversed (or rolled backwards far enough into the vehicle behind, from starting on a hill). In this case because both sides have witnesses saying the opposite things, it comes down to credibility. I'd be surprised if it gets settled swiftly. :P

Also, re: witness in car. Around here, they don't often consider the account of that person if there are other, (assumedly) more neutral witness accounts available.

Ed_McCarron:

--- Quote from: shateredsoul on October 23, 2010, 04:10:50 pm ---So my Father was rear-ended recently when he stopped to let a car out of an alley (the car is only wide enough for one car).  The lady claimed that it was my father's fault because he stopped suddenly.  She thought she had a case and was yelling called the cops and all.  Her car, a Toyota Prius, was totaled my fathers car (a 1980 ford f150) only ended up with a bent bumper and broken tail light. At first her insurance company sent in the paper work and was going to come in to look at the damage on my dad's truck, but all of the sudden they canceled and now they said it was my dad's fault.

She has some tiny insurance company, and they found my dad at fault.  According to two so called witnesses, my dad went into reverse right into the lady. Before the lady said that my dad stopped suddenly and that was the cause of the accident. A local restaurant owner and worker came out after the crash, but they saw that these two witnesses didn't arrive until after the crash. Allstate, my father's insurance company, aren't really being of much help. They asked him if he really wanted to maintain his statement, and if he realizes that this means she might take them to court.  They claimed that they were there for the police's arrival, which is not true (the two witnesses on my dad side can testify to that).

My father also had a passenger with him, a friend.  But for some reason they aren't taking that witness as seriously.

 :angry:

--- End quote ---

Cheaper for the insurance company to pay off the whiners than to investigate.

danny_galaga:

That's bloody ridiculous! You are supposed to drive as if the person in front of you is going to stop suddenly. ---fudgesicle--- her, sue her sorry ass! I took someone to the small claims court once because she was claiming I drove into her, but actually she had reversed into me, and she knew it. Damn white trash. I won that one luckily.

Sorry for your Dad Shatered.

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