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Views: 218  ·  Replies: 5 
> Got into an accident., 3 cars involved.
ChennyZ
  Posted: Sep 9 2017, 05:31 AM


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Location: Brooklyn, N.Y
So the story is...

We came to a red light.
The car infront of me stopped(4x4 Jeep), I stopped (lancer sportback)
The car behind me (Toyota camry) rear ended me and bump me into the car infront (4x4 jeep).

all said and done the toyota who bumped me said he was drinking his milkshake and looked away for a second which caused him to hit me. (his damn milkshake)

There was slight damage to my rear bumper just some scratches here and there no big deal. But my front end was damaged from me being pushed into the Jeep. There is a noticeable square shape damage to my front bumper mid grill section (the square shape came from the tow hitch from the 4x4 jeep)

so we all look at the damages, its all minor but no mechanical damage. but still Toyota guy should be paying for my new bumpers front and back. Moments later the Jeep and Toyota started to team up on me saying i'm not WISE for calling the cops. Its a small fender bender. The cops will just laugh at the damage and walk away. Just let it go and be on our way.

The toyota guy trying to lecture me that if i do a police report my insurance will go up and will be paying a deductible for my damages, but i already know i am not paying nothing! cause his insurance will pay for everything!

Then the Jeep guy claims hes got neck pain from me bumping him. If i call the cops he will sue me (WTF? LOL)

After an hour cops came. I got the police report and we were on our way.
I have the accident on my dash cam. But it does not record what was behind me. It recorded what was in front. Which clearly showed me Jeep stopped, I stopped, then i got rammed.

I have uploaded the video on youtube 7x 60 second clips of this bull shit

https://www.youtube.com/watch?v=so4N6Erfjwo

The timestamp on the dash cam isn't correct, will that be an issue for the insurance company? But I have pictures of their plates and damages etc.

Has anyone else been involved in a small fender bender? I am sure the Toyota will be paying for my damages right?

This post has been edited by ChennyZ on Sep 9 2017, 05:33 AM
Sensation!
Posted: Sep 9 2017, 06:57 AM


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The person doing the rear ending pays all damages. It doesn't get more cut and dry than that.
Nomake Wan
Posted: Sep 9 2017, 11:27 PM


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QUOTE (Sensation! @ Today, 6:57 AM)
The person doing the rear ending pays all damages. It doesn't get more cut and dry than that.

While this is absolutely correct, it's important to clarify that both parties who rear-ended someone pay the damages. In the incident I was a part of (I stopped, the SUV behind me stopped, the SUV behind him did not), despite insisting in the police report and to my insurance company that the person behind me was not at fault for the accident, it was the insurance of the person behind me that paid for my damages, and his insurance company had to go after the person behind him to be reimbursed both for his own damages and mine.

The reasoning is that if you have left a safe distance between yourself and the person in front of you, you shouldn't be rear-ending people even if rear-ended. For instance, in the video ChennyZ posted, he responds quite late to the fact that the car two cars ahead of him has his brake lights on, and then again quite late to the brake lights of the car ahead of him. By the time he's stopped, he's practically on that guy's bumper. And then wham. Had he reacted sooner, it is possible that the damage could have been avoided. Or the accident, depending on when the person behind him looked away for that milkshake. That's the argument the insurance companies will likely make for this incident.

QUOTE (ChennyZ @ Today, 5:31 AM)
The timestamp on the dash cam isn't correct, will that be an issue for the insurance company? But I have pictures of their plates and damages etc.

You have a police report, you'll be fine on that end.
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Sensation!
Posted: Sep 10 2017, 01:25 PM


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QUOTE (Nomake Wan @ Today, 12:27 AM)
While this is absolutely correct, it's important to clarify that both parties who rear-ended someone pay the damages. In the incident I was a part of (I stopped, the SUV behind me stopped, the SUV behind him did not), despite insisting in the police report and to my insurance company that the person behind me was not at fault for the accident, it was the insurance of the person behind me that paid for my damages, and his insurance company had to go after the person behind him to be reimbursed both for his own damages and mine.

The reasoning is that if you have left a safe distance between yourself and the person in front of you, you shouldn't be rear-ending people even if rear-ended. For instance, in the video ChennyZ posted, he responds quite late to the fact that the car two cars ahead of him has his brake lights on, and then again quite late to the brake lights of the car ahead of him. By the time he's stopped, he's practically on that guy's bumper. And then wham. Had he reacted sooner, it is possible that the damage could have been avoided. Or the accident, depending on when the person behind him looked away for that milkshake. That's the argument the insurance companies will likely make for this incident.



This is a bicker back and forth between insurance companies, not necessarily a rule. Depending on the state/dmv, there isn't a rule regarding safe distance between the car in front when both cars are stopped. Even if for a split second before being hit, if the car is at a standstill, its stopped.
Technically, the person behind you in your example incident could have likely (and probably did) have gone to court over the claim and won.

The safe distance excuse works both ways, as you can fault the person in the back for disregarding it because otherwise, they wouldn't be rear ending people; the person in front of them stopped just fine.

This post has been edited by Sensation! on Sep 10 2017, 01:57 PM
Nomake Wan
Posted: Sep 10 2017, 04:18 PM


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That's true. I'm not sure what the law in NY is, but in California a rear-end collision is automatically the fault of the driver who did the rear-ending, regardless of the situation. I highly doubt that the guy behind me went to court--his insurance company, experienced with California claims of this nature, likely just fought it out with the other person's insurance to get the reimbursement.

I just don't want ChennyZ to be surprised if they decide to put some of the fault on him. He should be prepared for that. I don't think it will matter in the end--the person who caused the initial accident will definitely be paying out big time--but there may be some haggling to shift fault.
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umustwait101
Posted: Sep 11 2017, 09:44 PM


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I agree with nomake wan. In addition, it also makes a difference whether you were stopped or not when you were rear-ended and forced into the car in front. If you were stopped the case is easier to make that you were not at fault. If you were not stopped then you may be blamed for hitting the car in front. Also, the insurance may go up even without a police report as long as it was reported. The only way for it not to go up is if the incident was not reported. In that case, it becomes kind of risky if you decide to settle things then and there but they disappear or don't follow up, leaving you to pay for the damages.

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