I was rear ended and the other guy wants a payout!

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cdu7
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I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 10:24 am

A little while back I was rear ended, the circumstances are this. I pulled out of a parallel parking space after checking to see that my side windows and mirrors were clear; after fully getting on the road and getting about a car length down, I see an old van barreling down the road in my rear view mirror, he began to break too late and slammed into me. The police were called but didn’t site anyone. I paid to have my car fixed out of pocket while I wait for reimbursement from his company, but now I find out he is claiming I’m at fault and is claiming injury! This is for an accident that resulted in 800 dollars damage to my car and of course no injury on my end.

I have plenty of coverage, but what do you think the likely outcome is here? I really don’t want my insurance to pay him one cent. Also how likely is it that am I looking at a big premium increase?

mptfan
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Re: I was rear ended and the other guy wants a payout!

Post by mptfan » Thu Jun 14, 2018 10:28 am

There is a presumption that in a rear end impact, the driver of the vehicle from behind is at fault, but it's just a presumption and it can be overcome by other evidence, for example if the vehicle in front pulled out unexpectedly in front of the oncoming vehicle, or if the vehicle in front made a sudden and unexpected stop. In your case it boils down to a "he said she said," no doubt the other driver will claim that you pulled out in front of him unexpectedly and he did not have time to stop...he probably told his insurance company that some guy pulled out right in front of him without any signal and without any warning and he did not have time to stop. There is no way to definitifely say who was at fault and insurance companies deal with claims like this everyday, and they almost always settle with some amount of compromise on both sides.
Last edited by mptfan on Thu Jun 14, 2018 10:38 am, edited 1 time in total.

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Raymond
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Re: I was rear ended and the other guy wants a payout!

Post by Raymond » Thu Jun 14, 2018 10:29 am

Just to clarify, did you notify your insurance company immediately after the accident?

Or are you seeking reimbursement directly from the other driver's insurance carrier?
"Ritter, Tod und Teufel"

cdu7
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Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 10:30 am

Notified mine immediately, uploaded tons of pictures.

James Kiff
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Re: I was rear ended and the other guy wants a payout!

Post by James Kiff » Thu Jun 14, 2018 10:31 am

Call your insurance company, this is not uncommon, they will advise you. The key is to make sure you are not assigned fault in any way. What they pay the other guy isn't really much of your concern as long as the company has your side of the story and isn't faulting you.

This happened to me once, a vehicle turned into me while going down the road. His turn signal was broken, which was documented by a signed statement he wrote down. He then left the scene. Weeks later he filed a claim on my insurance. My insurance paid for his repairs, despite my protestations. I was cheaper than fighting it or getting sued I guess. But his insurance paid my damages and I was not listed as at fault so it didn't impact my insurance cost going forward.

It does suck, but I'm not sure I have a better answer than talk to your insurance provider.

Rupert
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Re: I was rear ended and the other guy wants a payout!

Post by Rupert » Thu Jun 14, 2018 10:37 am

How did you hear that he is now disputing fault and claiming injury? Did you hear from him or his insurance company? Has he actually filed a claim on your liability policy? If it's not too late and you maintain collision coverage, I would seek reimbursement for the repairs under your own collision policy and let your insurance company take over all negotiations for you via the subrogation process.

Note that, when you initially call your insurance company to report an accident in which you were not at fault, your insurance company will often recommend that you file directly on the other party's insurance. Why do you think they do that? Because it costs them more money to process your claim under your collision policy and then seek subrogation from the other party's insurance company. I'm not in the business of saving my insurance company money; so I always file on my own policy and make the insurance company fulfill it's contractual obligations to me by pursuing the at-fault party on my behalf. That way I never have to deal with the other party or their insurance company.

Likely outcome? Absent a third-party witness or a police report that at least unofficially assigns fault to one party, your insurance company will pay to fix your car, and his insurance company will pay to fix his and also possibly pay him something for his injuries, if real.

freebeer
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Re: I was rear ended and the other guy wants a payout!

Post by freebeer » Thu Jun 14, 2018 10:39 am

If the other driver was already coming down the road they should have been visible in your side mirror, if you pulled out in a manner that forcred them to brake, maybe it really was your fault. Even if they were over the speed limit the principke is dont pukl out in a way that makes the person already in the lane have to hit their brakes. That's good defensive driving anyway.

Jags4186
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Re: I was rear ended and the other guy wants a payout!

Post by Jags4186 » Thu Jun 14, 2018 10:39 am

If you have collision coverage you should file the claim with your insurance company, and then they will subrogate the claim with the other driver's company. You'll pay your deductible and then in a few weeks you'll get a check back from your insurance company.

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Raymond
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Re: I was rear ended and the other guy wants a payout!

Post by Raymond » Thu Jun 14, 2018 10:40 am

cdu7 wrote:
Thu Jun 14, 2018 10:30 am
Notified mine immediately, uploaded tons of pictures.
Excellent.

I would let your insurance company handle it from now on, relax, and not worry whether or not they give a single red cent to the other driver.

After all, that's what you pay your insurance premiums for.
"Ritter, Tod und Teufel"

obgraham
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Re: I was rear ended and the other guy wants a payout!

Post by obgraham » Thu Jun 14, 2018 10:44 am

As I read OP’s description, and then looking at it from the other driver’s view, I think he has a point. You pulled out and went slow enough that he had to brake to avoid you.

File your claim with your insurance, and let it play out. Consider yourself fortunate you were not cited.

ved
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Re: I was rear ended and the other guy wants a payout!

Post by ved » Thu Jun 14, 2018 10:46 am

mptfan wrote:
Thu Jun 14, 2018 10:28 am
There is a presumption that in a rear end impact, the driver of the vehicle from behind is at fault, but it's just a presumption and it can be overcome by other evidence, for example if the vehicle in front pulled out unexpectedly in front of the oncoming vehicle, or if the vehicle in front made a sudden and unexpected stop. In your case it boils down to a "he said she said," no doubt the other driver will claim that you pulled out in front of him unexpectedly and he did not have time to stop...he probably told his insurance company that some guy pulled out right in front of him without any signal and without any warning and he did not have time to stop. There is no way to definitifely say who was at fault and insurance companies deal with claims like this everyday, and they almost always settle with some amount of compromise on both sides.
You are supposed to have enough distance between you and the vehicle in front of you (i.e., you should not tail-gate) to be able to respond and stop your vehicle in case of unexpected and sudden stops by the vehicle in front of you.
What if a pedestrian darted in front of a car, and the driver had to stop suddenly. If you were behind this car, would you claim that you couldn't stop because the guy in front of you made a "sudden and unexpected stop"?

chevca
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Re: I was rear ended and the other guy wants a payout!

Post by chevca » Thu Jun 14, 2018 10:49 am

cdu7 wrote:
Thu Jun 14, 2018 10:24 am
but now I find out he is claiming I’m at fault and is claiming injury!
Kind of sound like you were. You were the one entering the roadway, and you need to make sure it's safe to do so. Doesn't sound like it was.

Either way though, this is something to let your insurance handle from here. Doesn't sound like it was a bad enough accident to cause an injury, but you never know. If it's not legit, that's for the insurance company to figure out.

bloom2708
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Re: I was rear ended and the other guy wants a payout!

Post by bloom2708 » Thu Jun 14, 2018 11:12 am

The vehicle striking the rear of another vehicle while moving in traffic is ALWAYS at fault. Vehicle control.

Your insurance should be handling this. Do not respond directly. All contact should be insurance to insurance. It is a money grab. He is at fault. If he shows up with a neck brace and crutches, I would counter sue. :wink:
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chevca
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Re: I was rear ended and the other guy wants a payout!

Post by chevca » Thu Jun 14, 2018 11:19 am

bloom2708 wrote:
Thu Jun 14, 2018 11:12 am
The vehicle striking the rear of another vehicle while moving in traffic is ALWAYS at fault.
Negative.

cdu7
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Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 11:24 am

I do not believe I'm at fault in this case, but whatever the outcome, what really upsets me is people who fake injuries in order to maximize accident settlements. There is no way this guy was legitimately injured in this accident. My second question is that while I have already filed with my insurance company, should I also file directly with his insurance company for the 800 dollar repair? I will call again and see what my insurance company says, but I think when I first called they said I could file with them or not, it is up to me.

Rupert
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Re: I was rear ended and the other guy wants a payout!

Post by Rupert » Thu Jun 14, 2018 11:26 am

cdu7 wrote:
Thu Jun 14, 2018 11:24 am
I do not believe I'm at fault in this case, but whatever the outcome, what really upsets me is people who fake injuries in order to maximize accident settlements. There is no way this guy was legitimately injured in this accident. My second question is that while I have already filed with my insurance company, should I also file directly with his insurance company for the 800 dollar repair? I will call again and see what my insurance company says, but I think when I first called they said I could file with them or not, it is up to me.
Some aspect of the claim, such as diminished value, you may have to file directly with them. It varies by state, but your insurance company should be able to tell you for sure. Re the cost to repair your car, no, you shouldn't file both with your insurance and his. Just file with yours, and let your insurance company try to collect from his.

Your insurance may pay the guy something to make him go away. So brace yourself for that possibility. It's often cheaper to settle than to fight. That's why so many fraudsters fake injuries.

chevca
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Re: I was rear ended and the other guy wants a payout!

Post by chevca » Thu Jun 14, 2018 11:27 am

I would leave it all up to your insurance company at this point. I don't see anything good coming from you contacting their insurance company. The insurance companies can deal with each other about it all.

I hear you about faking injuries, but folks do it looking for a little :moneybag

ved
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Re: I was rear ended and the other guy wants a payout!

Post by ved » Thu Jun 14, 2018 11:28 am

bloom2708 wrote:
Thu Jun 14, 2018 11:12 am
The vehicle striking the rear of another vehicle while moving in traffic is ALWAYS at fault. Vehicle control.

Your insurance should be handling this. Do not respond directly. All contact should be insurance to insurance. It is a money grab. He is at fault. If he shows up with a neck brace and crutches, I would counter sue. :wink:
Not always.
if the vehicle in a lane next to you , darted over into your lane in front of you (regardless whether they put their indicator on or not) and you hit them, then it's the lane-changers fault. It doesn't have to be intentional either - they could be trying to avoid something, or skidded on ice or whatever.

[edited to add clarity]
Last edited by ved on Thu Jun 14, 2018 11:30 am, edited 1 time in total.

bloom2708
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Re: I was rear ended and the other guy wants a payout!

Post by bloom2708 » Thu Jun 14, 2018 11:28 am

chevca wrote:
Thu Jun 14, 2018 11:19 am
bloom2708 wrote:
Thu Jun 14, 2018 11:12 am
The vehicle striking the rear of another vehicle while moving in traffic is ALWAYS at fault.
Negative.
If something happens in front of me. I stop short. The vehicle behind me hits me. He is at fault. Not the driver in front of me. Not me. Vehicle control.
Where to spend your time: | 1. You completely control <--spend your time here! | 2. You partially control <--spend your time here! | 3. You have no control <--spend no time here!

rgs92
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Re: I was rear ended and the other guy wants a payout!

Post by rgs92 » Thu Jun 14, 2018 11:30 am

The insurance companies will work it out. I'm pretty sure your insurance company will not find you at fault and you will probably never hear anything about it from them. I would just relax. The other driver is probably just trying to avoid fault on his part, which is natural. He's just trying this to see if it works.

Don't take it personally. He may get his insurance company to give him a break, but you'll never hear about this either.
Just forget about it I'd say. Nothing is wrong or unexpected or unfair here.

And even if the other driver gets some concession or money, it most probably won't affect you or your rates or record.
Last edited by rgs92 on Thu Jun 14, 2018 11:36 am, edited 2 times in total.

chevca
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Re: I was rear ended and the other guy wants a payout!

Post by chevca » Thu Jun 14, 2018 11:30 am

bloom2708 wrote:
Thu Jun 14, 2018 11:28 am
chevca wrote:
Thu Jun 14, 2018 11:19 am
bloom2708 wrote:
Thu Jun 14, 2018 11:12 am
The vehicle striking the rear of another vehicle while moving in traffic is ALWAYS at fault.
Negative.
If something happens in front of me. I stop short. The vehicle behind me hits me. He is at fault. Not the driver in front of me. Not me. Vehicle control.
Correct. But, that example doesn't equal "ALWAYS". :wink:

GAAP
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Re: I was rear ended and the other guy wants a payout!

Post by GAAP » Thu Jun 14, 2018 11:31 am

You talk to the other guy exactly once -- to exchange insurance information. After that, you're paying the insurance company to deal with it.

caffeperfavore
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Re: I was rear ended and the other guy wants a payout!

Post by caffeperfavore » Thu Jun 14, 2018 11:31 am

Years ago, I came to a stop sign. I stopped and then pulled out, but I didn't see an oncoming car. We had a small accident (minor damage to both cars, hardly any to hers) and I was at fault.

A year later, I get a letter that says I'm being sued for $750,000, which exceeded my limits. My insurance company offered the lady $20,000 as a payout. She refused, citing all sorts of medical bills and suffering from it.

It was very stressful and I worried that I would be financially wiped out, as I had just started working and was only a few years out of school. For a while, I had trouble sleeping. It really affected me for months.

After nearly two years, the person settled for $5000, paid by my insurance. I asked the lawyer for my insurance company if she had ever seen anyone pay out of pocket in these cases. She could only think of one person in her ten years of representing insurance companies. It was a DUI situation and the guy, feeling remorse, offered to pay something.

Tl;dr version: Assuming you have a decent insurance company (any of the majors), then this is for them to worry about. Honestly, I wouldn't give it another thought. Just work with them on it. They see this stuff all the time. Oddly, my insurance payments didn't even go up.
Last edited by caffeperfavore on Thu Jun 14, 2018 11:36 am, edited 1 time in total.

mptfan
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Re: I was rear ended and the other guy wants a payout!

Post by mptfan » Thu Jun 14, 2018 11:34 am

ved wrote:
Thu Jun 14, 2018 10:46 am
What if a pedestrian darted in front of a car, and the driver had to stop suddenly. If you were behind this car, would you claim that you couldn't stop because the guy in front of you made a "sudden and unexpected stop"?
Assuming I hit the car in front of me, yes, I would.

MotoTrojan
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Re: I was rear ended and the other guy wants a payout!

Post by MotoTrojan » Thu Jun 14, 2018 11:36 am

Not sure what your deductible is but I would never file for an $800 repair. Even if it is not at fault, I have found it can drive up rates (especially if you switch companies). I had a comprehensive claim for someone that broke into an old convertible. $1000 deductible, $2000 repair. I took the $1000 check and later switched insurance companies. Ended up with an $800/yr increase ($2400 over the 3 years that remains on my record as an insurance claim). Was not very happy about that.

If speed limit is low enough and the damage is truly to the rear-end of your car, I would think you have a decent case. Bummer if cops in-fact came onsite but didn't file a report with more info or fault.

chevca
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Re: I was rear ended and the other guy wants a payout!

Post by chevca » Thu Jun 14, 2018 11:41 am

MotoTrojan wrote:
Thu Jun 14, 2018 11:36 am
Bummer if cops in-fact came onsite but didn't file a report with more info or fault.
OP says, I checked my mirrors and windows, all was clear, so I pulled out into the street... other guy must have been going way too fast. Other guy says, I was driving down the road normally and this car pulled out in front of me... I slammed on the brakes, but couldn't stop in time. Minor accident from the sounds of it. How much do you expect the cops to put into this one?

neilpilot
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Re: I was rear ended and the other guy wants a payout!

Post by neilpilot » Thu Jun 14, 2018 11:42 am

MotoTrojan wrote:
Thu Jun 14, 2018 11:36 am
Not sure what your deductible is but I would never file for an $800 repair. Even if it is not at fault, I have found it can drive up rates (especially if you switch companies).
So lets say you don't file for the $800 in damages, and weeks later the other driver sues you for $xxxk. Will your insurance company question your liability coverage since you failed to report the accident in a timely fashion, which is a requirement of many (most?) auto policies?

cdu7
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Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 11:43 am

MotoTrojan wrote:
Thu Jun 14, 2018 11:36 am
Not sure what your deductible is but I would never file for an $800 repair. Even if it is not at fault, I have found it can drive up rates (especially if you switch companies). I had a comprehensive claim for someone that broke into an old convertible. $1000 deductible, $2000 repair. I took the $1000 check and later switched insurance companies. Ended up with an $800/yr increase ($2400 over the 3 years that remains on my record as an insurance claim). Was not very happy about that.

If speed limit is low enough and the damage is truly to the rear-end of your car, I would think you have a decent case. Bummer if cops in-fact came onsite but didn't file a report with more info or fault.
I had to file with my insurance ASAP, because based on my observations of the other man's behavior throughout the incident (yelling at the cop, generally being rude/aggressive, etc.), I had a strong suspicion was going to be contacting my insurance at some point anyway. The only way you can get away with not filing a claim, is if neither party wants to deal with insurance.

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dm200
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Re: I was rear ended and the other guy wants a payout!

Post by dm200 » Thu Jun 14, 2018 11:43 am

This is an example of the importance (in my opinion) of reporting this kind of thing immediately to your own insurance company - and get your side of the story documented immediately.

cdu7
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Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 11:47 am

Just got off the phone with my insurance company, they told me I should go ahead and file a claim for the repair with the other insurance company as well. So...... not sure what to think now......

ved
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Re: I was rear ended and the other guy wants a payout!

Post by ved » Thu Jun 14, 2018 11:48 am

mptfan wrote:
Thu Jun 14, 2018 11:34 am
ved wrote:
Thu Jun 14, 2018 10:46 am
What if a pedestrian darted in front of a car, and the driver had to stop suddenly. If you were behind this car, would you claim that you couldn't stop because the guy in front of you made a "sudden and unexpected stop"?
Assuming I hit the car in front of me, yes, I would.
And you think it would not be your fault?

So, what criteria are used to decide on whether the stops are "sudden and unexpected" where the guy the hit the car in front of him is not to be at fault? Vs. "normal and expected" stops where he should be at fault?

The only case I can think of is if the guy in front darted into the regular traffic flow causing the accident. Then it is the darter, and not the guy that hit him, that is at fault.

new2bogle
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Re: I was rear ended and the other guy wants a payout!

Post by new2bogle » Thu Jun 14, 2018 11:54 am

ved wrote:
Thu Jun 14, 2018 11:48 am
mptfan wrote:
Thu Jun 14, 2018 11:34 am
ved wrote:
Thu Jun 14, 2018 10:46 am
What if a pedestrian darted in front of a car, and the driver had to stop suddenly. If you were behind this car, would you claim that you couldn't stop because the guy in front of you made a "sudden and unexpected stop"?
Assuming I hit the car in front of me, yes, I would.
And you think it would not be your fault?

So, what criteria are used to decide on whether the stops are "sudden and unexpected" where the guy the hit the car in front of him is not to be at fault? Vs. "normal and expected" stops where he should be at fault?

The only case I can think of is if the guy in front darted into the regular traffic flow causing the accident. Then it is the darter, and not the guy that hit him, that is at fault.
It would 100% be at fault to the guy who did the rear-ending. The violation would be something like "failure to keep proper distance". When you are driving behind someone, you need to leave enough space to be able to stop in the case that they stop "on a dime".

Rupert
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Re: I was rear ended and the other guy wants a payout!

Post by Rupert » Thu Jun 14, 2018 11:54 am

One more suggestion, OP: When you are interviewed by your insurance company or the other driver's, don't say the other driver was speeding. You usually can't actually know that (you weren't in his van looking at his speedometer, were you?), and there's kind of an unofficial maxim which holds that the first party to an accident who claims the other party was speeding is usually the at-fault party. It's just something guilty drivers do -- claim the other driver was speeding. Just state what you saw, i.e., I looked in my mirrors and saw no one coming, so I pulled out of the parking space.

new2bogle
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Re: I was rear ended and the other guy wants a payout!

Post by new2bogle » Thu Jun 14, 2018 11:56 am

When I was rear-ended the woman who rear-ended me claimed that I "cut in front of her". I don't know, that could be true. My lane was ending (right most lane) and merging into the next lane over on the left which should be a normal zipper merge except for the road ragers who don't want to let anyone in. Anyways, I did get in front of her, but the rear end didn't happen until another ~1300 feet (I measured it on google maps), and this was during rush hour so no one was going more than 30 MPH. She got the ticket.

H-Town
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Re: I was rear ended and the other guy wants a payout!

Post by H-Town » Thu Jun 14, 2018 11:57 am

cdu7 wrote:
Thu Jun 14, 2018 10:24 am
A little while back I was rear ended, the circumstances are this. I pulled out of a parallel parking space after checking to see that my side windows and mirrors were clear; after fully getting on the road and getting about a car length down, I see an old van barreling down the road in my rear view mirror, he began to break too late and slammed into me. The police were called but didn’t site anyone. I paid to have my car fixed out of pocket while I wait for reimbursement from his company, but now I find out he is claiming I’m at fault and is claiming injury! This is for an accident that resulted in 800 dollars damage to my car and of course no injury on my end.

I have plenty of coverage, but what do you think the likely outcome is here? I really don’t want my insurance to pay him one cent. Also how likely is it that am I looking at a big premium increase?
From the other guy's perspective, you pulled out into a moving lane and did not give other driver a chance to stop. A 30-40 mph might need up to 3 car length to make a complete stop. What's wrong here is neither you or the other party established who was at fault at the scene and have the police write up the report. It will be pretty much "he said, she said" afterwards.

On the bright side, it could get much worse. Imagine if the other driver did not brake or went faster than he did... Now it's just minor claims, let the insurance companies work it out. And be very careful the next time you pull out on to the moving lane.

Nate79
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Re: I was rear ended and the other guy wants a payout!

Post by Nate79 » Thu Jun 14, 2018 12:05 pm

My understanding is that it depends on state law. I have a relative that was recently rear ended and heard that in their state that there is no exception that the rear ending party is 100% at fault. But I recall maybe other states can assign fault as a percentage depending on the type of accident (not sure if that would include rear ending).

SrGrumpy
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Re: I was rear ended and the other guy wants a payout!

Post by SrGrumpy » Thu Jun 14, 2018 12:05 pm

He was driving "an old van" - was he a delivery guy? Maybe he was distracted - on the phone, texting, looking for a building number? A check of his phone records might exonerate you. As a professional driver, possibly, he has more on the line but also might know how to work the system better. Anyway this is all stuff for your insurance company.

cdu7
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Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 12:08 pm

SrGrumpy wrote:
Thu Jun 14, 2018 12:05 pm
He was driving "an old van" - was he a delivery guy? Maybe he was distracted - on the phone, texting, looking for a building number? A check of his phone records might exonerate you. As a professional driver, possibly, he has more on the line but also might know how to work the system better. Anyway this is all stuff for your insurance company.
Ah yes, just checked my pictures of the incident, the van has a sign on the side: it is a small business van.
Last edited by cdu7 on Thu Jun 14, 2018 2:52 pm, edited 1 time in total.

tarmangani
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Re: I was rear ended and the other guy wants a payout!

Post by tarmangani » Thu Jun 14, 2018 12:09 pm

To play backseat adjuster...because the other posters already gave you good information to let your insurance company manage this.

There's a strong presumption of guilt in an at-fault state with a rear-end collision. Very hard to overturn. On the other hand, you were entering traffic. On that front, there's another strong presumption of guilt. Now in this case, if he hit square the back of your vehicle, it sounds like you had plenty of time to merge into traffic. So I'm going to guess that he will be found at-fault (how much so depends on your state), and he was probably driving way too fast. Folks, this is why you don't speed. Because when something goes wrong, or it's unexpected, you don't have the ability to stop the vehicle. Many motorists will argue "I didn't have time to react" but a large reason why they didn't have time to react was that they were speeding and/or tailgating. Following distance is important, as is driving slowly in high-volume areas, such as where cars are parallel parked. If you're going to drive fast and tailgate then accept the consequences when you're in an accident.

OP, not to pile on, but whatever happens you should reflect on what happened and drive better here on out. Vehicles don't appear out of thin air. I'm going to guess that you made a judgment call that you could "make it," and you were wrong. Now welcome to this headache.

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goingup
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Re: I was rear ended and the other guy wants a payout!

Post by goingup » Thu Jun 14, 2018 12:11 pm

cdu7 wrote:
Thu Jun 14, 2018 11:47 am
Just got off the phone with my insurance company, they told me I should go ahead and file a claim for the repair with the other insurance company as well. So...... not sure what to think now......
What type of insurance do you have that you have to file your own claims with the other insurance company? I pay for insurance so the company will represent me. I find this baffling..

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Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 12:15 pm

goingup wrote:
Thu Jun 14, 2018 12:11 pm
cdu7 wrote:
Thu Jun 14, 2018 11:47 am
Just got off the phone with my insurance company, they told me I should go ahead and file a claim for the repair with the other insurance company as well. So...... not sure what to think now......
What type of insurance do you have that you have to file your own claims with the other insurance company? I pay for insurance so the company will represent me. I find this baffling..
I don't know, I've gotten conflicting information from them over the phone, and I have a top insurance company. Again I already went ahead with the repair out of pocket. What the person on the phone told me is that if I don't file a claim with the other company, they won't pay out anything for the repair/car. My thinking is that this person thinks the other insurance company can pay more than I can get from my own insurance which has a 500 deductible (I'm not getting much here). I also haven't yet been paid by my insurance, since I got it repaired on my own, and because I needed my car repaired fast.

tarmangani
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Re: I was rear ended and the other guy wants a payout!

Post by tarmangani » Thu Jun 14, 2018 12:16 pm

thangngo wrote:
Thu Jun 14, 2018 11:57 am
cdu7 wrote:
Thu Jun 14, 2018 10:24 am
A little while back I was rear ended, the circumstances are this. I pulled out of a parallel parking space after checking to see that my side windows and mirrors were clear; after fully getting on the road and getting about a car length down, I see an old van barreling down the road in my rear view mirror, he began to break too late and slammed into me. The police were called but didn’t site anyone. I paid to have my car fixed out of pocket while I wait for reimbursement from his company, but now I find out he is claiming I’m at fault and is claiming injury! This is for an accident that resulted in 800 dollars damage to my car and of course no injury on my end.

I have plenty of coverage, but what do you think the likely outcome is here? I really don’t want my insurance to pay him one cent. Also how likely is it that am I looking at a big premium increase?
From the other guy's perspective, you pulled out into a moving lane and did not give other driver a chance to stop. A 30-40 mph might need up to 3 car length to make a complete stop. What's wrong here is neither you or the other party established who was at fault at the scene and have the police write up the report. It will be pretty much "he said, she said" afterwards.

On the bright side, it could get much worse. Imagine if the other driver did not brake or went faster than he did... Now it's just minor claims, let the insurance companies work it out. And be very careful the next time you pull out on to the moving lane.
OP's in an area dense enough to parallel park. Now not all areas operate like this, granted, some have wide streets, but I'm going to guess the speed limit's 20-25 here. Why is someone driving 30-40mph? Yes, at those speeds you might need 3-4 car lengths to stop. That's the point: you shouldn't be driving that fast in dense areas. Motorists don't get to drive as fast as they want and then cry foul that they couldn't stop in time when something happens. It doesn't work that way, which is why most states assume guilt in rear-end collisions on the driver behind. This doesn't detract from what I said above, that OP needs to be extra cautious.

ERISA Stone
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Re: I was rear ended and the other guy wants a payout!

Post by ERISA Stone » Thu Jun 14, 2018 12:20 pm

Couple of things:

1. there are quite a few people putting the OP at blame here, and I'm not sure how anyone could come to that conclusion based on what was written. Did I miss a follow-up post down in the thread?
2. OP - how do you know the guy that hit you didn't have an injury?

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Re: I was rear ended and the other guy wants a payout!

Post by whodidntante » Thu Jun 14, 2018 12:27 pm

I drive a performance car with much shorter stopping distance than average. Are you required to keep a longer following distance if you follow me? What if I have winter tires in the winter and you are plodding along in your "good enough" all seasons? Or am I required to stop as slowly as your car can in an emergency situation?

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Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 12:31 pm

ERISA Stone wrote:
Thu Jun 14, 2018 12:20 pm
Couple of things:

1. there are quite a few people putting the OP at blame here, and I'm not sure how anyone could come to that conclusion based on what was written. Did I miss a follow-up post down in the thread?
2. OP - how do you know the guy that hit you didn't have an injury?
Based on the low amount of damage to both vehicles, the fact that I myself am not injured, and the fact that the man was walking around fine and yelling at people after the accident with no signs of injury.

Rupert
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Re: I was rear ended and the other guy wants a payout!

Post by Rupert » Thu Jun 14, 2018 12:32 pm

whodidntante wrote:
Thu Jun 14, 2018 12:27 pm
I drive a performance car with much shorter stopping distance than average. Are you required to keep a longer following distance if you follow me? What if I have winter tires in the winter and you are plodding along in your "good enough" all seasons? Or am I required to stop as slowly as your car can in an emergency situation?
There are state laws re the distance you must maintain between your car and the car in front of you. Those laws rely on average stopping distances. Drivers of fancy sports cars who don't want to be rear-ended often should take into account when stopping that the person behind them maybe can't stop as fast as they can.

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Re: I was rear ended and the other guy wants a payout!

Post by ERISA Stone » Thu Jun 14, 2018 12:35 pm

cdu7 wrote:
Thu Jun 14, 2018 12:31 pm
ERISA Stone wrote:
Thu Jun 14, 2018 12:20 pm
Couple of things:

1. there are quite a few people putting the OP at blame here, and I'm not sure how anyone could come to that conclusion based on what was written. Did I miss a follow-up post down in the thread?
2. OP - how do you know the guy that hit you didn't have an injury?
Based on the low amount of damage to both vehicles, the fact that I myself am not injured, and the fact that the man was walking around fine and yelling at people after the accident with no signs of injury.
Respectfully, that's a poor conclusion. In fact, a lot of injuries from auto accidents don't show up until days after the accident.

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Re: I was rear ended and the other guy wants a payout!

Post by Jack FFR1846 » Thu Jun 14, 2018 12:37 pm

The distance from your parking spot to point of impact was what? The speed limit was what? From these 2 answers, it might be possible to prove the van driver at fault
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Re: I was rear ended and the other guy wants a payout!

Post by H-Town » Thu Jun 14, 2018 12:37 pm

tarmangani wrote:
Thu Jun 14, 2018 12:16 pm
thangngo wrote:
Thu Jun 14, 2018 11:57 am
cdu7 wrote:
Thu Jun 14, 2018 10:24 am
A little while back I was rear ended, the circumstances are this. I pulled out of a parallel parking space after checking to see that my side windows and mirrors were clear; after fully getting on the road and getting about a car length down, I see an old van barreling down the road in my rear view mirror, he began to break too late and slammed into me. The police were called but didn’t site anyone. I paid to have my car fixed out of pocket while I wait for reimbursement from his company, but now I find out he is claiming I’m at fault and is claiming injury! This is for an accident that resulted in 800 dollars damage to my car and of course no injury on my end.

I have plenty of coverage, but what do you think the likely outcome is here? I really don’t want my insurance to pay him one cent. Also how likely is it that am I looking at a big premium increase?
From the other guy's perspective, you pulled out into a moving lane and did not give other driver a chance to stop. A 30-40 mph might need up to 3 car length to make a complete stop. What's wrong here is neither you or the other party established who was at fault at the scene and have the police write up the report. It will be pretty much "he said, she said" afterwards.

On the bright side, it could get much worse. Imagine if the other driver did not brake or went faster than he did... Now it's just minor claims, let the insurance companies work it out. And be very careful the next time you pull out on to the moving lane.
OP's in an area dense enough to parallel park. Now not all areas operate like this, granted, some have wide streets, but I'm going to guess the speed limit's 20-25 here. Why is someone driving 30-40mph? Yes, at those speeds you might need 3-4 car lengths to stop. That's the point: you shouldn't be driving that fast in dense areas. Motorists don't get to drive as fast as they want and then cry foul that they couldn't stop in time when something happens. It doesn't work that way, which is why most states assume guilt in rear-end collisions on the driver behind. This doesn't detract from what I said above, that OP needs to be extra cautious.
I agree with your last sentence. I'd rather not putting my safety in the hands of other drivers. When situations like pulling out on to the streets, merging, changing lane, I always assume that the other drivers are bad drivers. If I were the OP, even the other driver was at fault, I still blame myself because I put myself in that situation. Not to pile on the OP, we all live and learn.

cdu7
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Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Thu Jun 14, 2018 12:41 pm

ERISA Stone wrote:
Thu Jun 14, 2018 12:35 pm
cdu7 wrote:
Thu Jun 14, 2018 12:31 pm
ERISA Stone wrote:
Thu Jun 14, 2018 12:20 pm
Couple of things:

1. there are quite a few people putting the OP at blame here, and I'm not sure how anyone could come to that conclusion based on what was written. Did I miss a follow-up post down in the thread?
2. OP - how do you know the guy that hit you didn't have an injury?
Based on the low amount of damage to both vehicles, the fact that I myself am not injured, and the fact that the man was walking around fine and yelling at people after the accident with no signs of injury.
Respectfully, that's a poor conclusion. In fact, a lot of injuries from auto accidents don't show up until days after the accident.
I’m sure the “injury” being claimed will be something vague like a sore neck or back. I’m sure sometimes that’s real, I’m also sure that more often than not it’s a way to try to milk money out of people.

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