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

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills
caffeperfavore
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Re: I was rear ended and the other guy wants a payout!

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

All this talk of who's at fault and the situation, etc. does not matter. All the hypotheticals here aren't helping the OP either. Might as well discuss angels dancing on the heads of a pin. The police officer didn't even issue a ticket.

The most likely outcome is that the insurance companies will go back and forth over this (which the OP will not be involved with at all). Even if the guy sues...if he sues, it will be insurance company lawyers passing papers back and forth for a while. They might ask for a deposition over the phone, which will just involve the OP describing what happened. Then, they will settle out of court. The OP will pay nothing he/she hasn't already paid.

Absolute worst case scenario is that your insurance payments could go up a bit, but probably not. Don't sweat this at all.

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

Post by aristotelian » Thu Jun 14, 2018 12:43 pm

new2bogle wrote:
Thu Jun 14, 2018 11:54 am
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".
Not if the car who pulled out did so suddenly into traffic. If somebody cuts me off, I have no chance to keep a proper distance because my assumption is that I have the right-of-way.

I do not think it is automatic but in any case the advice is the same, let the insurance companies deal with it.

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

Post by GAAP » Thu Jun 14, 2018 12:44 pm

One other note, get the police report -- pay whatever fee it takes ($10 in California). You really do want to know if they assigned blame -- and to whom they assigned it.

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

Post by cdu7 » Thu Jun 14, 2018 12:46 pm

By the way everyone, don’t worry about hurting my feelings, it’s good to get all perspectives in situations like this. As evidenced by this thread, these kinds of situations are rarely clear cut.

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

Post by caffeperfavore » Thu Jun 14, 2018 12:47 pm

GAAP wrote:
Thu Jun 14, 2018 12:44 pm
One other note, get the police report -- pay whatever fee it takes ($10 in California). You really do want to know if they assigned blame -- and to whom they assigned it.
Why? What's the OP going to do with that? Probably just get worked up. If he has decent insurance, then that's for them to worry about. It's their money on the line, not yours.

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

Post by craimund » Thu Jun 14, 2018 12:55 pm

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?
The fact that you were fully in the travel lane and had progressed down the road some before he hit you would seem to indicate that we was at fault. Otherwise, he would have hit the side of your car. If he was paying attention and saw you coming out of the spot, he should have been able to stop. I bet he was looking at his phone or adjusting the radio.

Agree though that fault and such is not your problem and that insurance companies will handle.
"When you ain't got nothing, you got nothing to lose"-Bob Dylan 1965. "When you think that you've lost everything, you find out you can always lose a little more"-Dylan 1997

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

Post by WillRetire » Thu Jun 14, 2018 1:02 pm

Be sure to document the exact location of the parking space you pulled out of, and the exact location where the other vehicle hit yours. If far enough apart, that information supports your claim that you were out of the parking space and well on your way down the road before being struck.

If not far, then you may be considered at fault.

If not documented, the accident may be deemed no one's fault.

The 2 insurance companies may send it to arbitration. They will pore over all documentation. Make sure yours is thorough.

BTW, You'd have to have been hit pretty far down the road from the parking space in order for the accident to be deemed the other driver's fault.

Not in your favor: You tell the story from the point of view of having just pulled out of a parking space. If that is relevant, they you are likely at fault because you must not pull out until traffic is clear.

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

Post by GAAP » Thu Jun 14, 2018 1:02 pm

caffeperfavore wrote:
Thu Jun 14, 2018 12:47 pm
GAAP wrote:
Thu Jun 14, 2018 12:44 pm
One other note, get the police report -- pay whatever fee it takes ($10 in California). You really do want to know if they assigned blame -- and to whom they assigned it.
Why? What's the OP going to do with that? Probably just get worked up. If he has decent insurance, then that's for them to worry about. It's their money on the line, not yours.
One example from last year, where it was the other guy's fault. Having that report enabled me to get everything I lost from his insurance (including towing, a motel stay, rental car, etc.), not just the stuff covered by my insurance. That insurance company wasn't going to pay because they didn't get the report and were trying to claim "he said, she said".

Or perhaps because the other guy might claim more than your insurance covers -- especially for liability.

If for no other reason, $10 is chump-change for peace of mind.

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

Post by caffeperfavore » Thu Jun 14, 2018 1:41 pm

GAAP wrote:
Thu Jun 14, 2018 1:02 pm
caffeperfavore wrote:
Thu Jun 14, 2018 12:47 pm
GAAP wrote:
Thu Jun 14, 2018 12:44 pm
One other note, get the police report -- pay whatever fee it takes ($10 in California). You really do want to know if they assigned blame -- and to whom they assigned it.
Why? What's the OP going to do with that? Probably just get worked up. If he has decent insurance, then that's for them to worry about. It's their money on the line, not yours.
One example from last year, where it was the other guy's fault. Having that report enabled me to get everything I lost from his insurance (including towing, a motel stay, rental car, etc.), not just the stuff covered by my insurance. That insurance company wasn't going to pay because they didn't get the report and were trying to claim "he said, she said".

Or perhaps because the other guy might claim more than your insurance covers -- especially for liability.

If for no other reason, $10 is chump-change for peace of mind.
Ah, I see. Good point.

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

Post by mrc » Thu Jun 14, 2018 2:01 pm

Yes, obtain the police report. A guy came down a hill on wet pavement, fall leaves covering the road, and with bald tires. Hit me head on, in my lane. The police didn't issue a citation b/c other than maybe going to fast, breaking the laws of physics isn't an infraction. Nevertheless, his insurance company accepted 100% fault. There's a difference between being at fault (he hit you from behind, hard, well clear of the parking place) with no citation (cop didn't see it), and a true traffic violation or two that results in an accident. Good luck!
Honor to the soldier and sailor everywhere, who bravely bears his country's cause. Honor, also, to the citizen who cares for his brother in the field and serves, as best he can, the same cause. —AL

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

Post by Pajamas » Thu Jun 14, 2018 2:35 pm

cdu7 wrote:
Thu Jun 14, 2018 12:41 pm
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.
I think it is just the opposite. Even a minor car accident at slow speed with minor damage and no other injuries to anyone often causes neck and back pain. I was rear-ended once at very slow speed by an inattentive driver and I can assure you that it is real. It didn't require any treatment other than for pain but that's not always the case.

Here's one study on the incidence:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/
Last edited by Pajamas on Thu Jun 14, 2018 2:44 pm, edited 1 time in total.

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

Post by cdu7 » Thu Jun 14, 2018 2:44 pm

Pajamas wrote:
Thu Jun 14, 2018 2:35 pm
cdu7 wrote:
Thu Jun 14, 2018 12:41 pm
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.
I think it is just the opposite. Even a minor car accident at slow speed with minor damage and no other injuries to anyone often causes neck and back pain. I was rear-ended once at very slow speed by an inattentive driver and I can assure you that it is real. It didn't require any treatment but that's not always the case.

Here's one study on the incidence:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)

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

Post by dcabler » Thu Jun 14, 2018 2:57 pm

cdu7 wrote:
Thu Jun 14, 2018 2:44 pm
Pajamas wrote:
Thu Jun 14, 2018 2:35 pm
cdu7 wrote:
Thu Jun 14, 2018 12:41 pm
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.
I think it is just the opposite. Even a minor car accident at slow speed with minor damage and no other injuries to anyone often causes neck and back pain. I was rear-ended once at very slow speed by an inattentive driver and I can assure you that it is real. It didn't require any treatment but that's not always the case.

Here's one study on the incidence:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)
20+ years after being rear ended - the pain is still there, sometimes more, sometimes less. Everybody's injuries are different and soft-tissue injuries can really be a pain in the neck. :D

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

Post by cdu7 » Thu Jun 14, 2018 3:00 pm

dcabler wrote:
Thu Jun 14, 2018 2:57 pm
cdu7 wrote:
Thu Jun 14, 2018 2:44 pm
Pajamas wrote:
Thu Jun 14, 2018 2:35 pm
cdu7 wrote:
Thu Jun 14, 2018 12:41 pm
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.
I think it is just the opposite. Even a minor car accident at slow speed with minor damage and no other injuries to anyone often causes neck and back pain. I was rear-ended once at very slow speed by an inattentive driver and I can assure you that it is real. It didn't require any treatment but that's not always the case.

Here's one study on the incidence:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)
20+ years after being rear ended - the pain is still there, sometimes more, sometimes less. Everybody's injuries are different and soft-tissue injuries can really be a pain in the neck. :D
That’s the thing isn’t it, doesn’t neck pain usually result from being rear ended? I’m the one hit in the rear, also my car was much smaller than his huge van. If anything I should be the one suffering neck pain.

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

Post by Pajamas » Thu Jun 14, 2018 3:01 pm

cdu7 wrote:
Thu Jun 14, 2018 2:44 pm
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)
Maybe surgery for a bulging disc compressing the spinal cord. . . . seriously, don't underestimate the potential consequences even years later.
cdu7 wrote:
Thu Jun 14, 2018 3:00 pm
That’s the thing isn’t it, doesn’t neck pain usually result from being rear ended? I’m the one hit in the rear, also my car was much smaller than his huge van. If anything I should be the one suffering neck pain.
I'm guessing it is more usual with people who are rear-ended because the force sends them forward initially whereas the person who rear-ends is thrust back against the seat and headrest initially. Both can have whiplash, though.
Last edited by Pajamas on Thu Jun 14, 2018 3:09 pm, edited 2 times in total.

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

Post by cdu7 » Thu Jun 14, 2018 3:04 pm

Pajamas wrote:
Thu Jun 14, 2018 3:01 pm
dcabler wrote:
Thu Jun 14, 2018 2:57 pm
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)
Maybe surgery for a bulging disc compressing the spinal cord. . . . seriously, don't underestimate the potential consequences even years later.
So what you are saying is, I should really claim injury now, just in case I need neck surgery 10 years later and can then claim it was the result of this one car accident.

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

Post by Pajamas » Thu Jun 14, 2018 3:06 pm

cdu7 wrote:
Thu Jun 14, 2018 3:04 pm
So what you are saying is, I should really claim injury now, just in case I need neck surgery 10 years later and can then claim it was the result of this one car accident.
Clearly that's NOT what I said! I simply said that it can have serious consequences, some of which might not be apparent 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 3:08 pm

Pajamas wrote:
Thu Jun 14, 2018 3:06 pm
cdu7 wrote:
Thu Jun 14, 2018 3:04 pm
So what you are saying is, I should really claim injury now, just in case I need neck surgery 10 years later and can then claim it was the result of this one car accident.
Clearly that's NOT what I said! I simply said that it can have serious consequences, some of which might not be apparent immediately.
Alright, sorry for pulling your leg a bit, I know you are right in many cases, I’m just hoping you are wrong in this particular case.

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

Post by neveragain » Thu Jun 14, 2018 3:10 pm

In my state, if you are hit from behind, it's almost always considered the other driver's fault.

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

Post by Pajamas » Thu Jun 14, 2018 3:10 pm

cdu7 wrote:
Thu Jun 14, 2018 3:08 pm
Alright, sorry for pulling your leg a bit, I know you are right in many cases, I’m just hoping you are wrong in this particular case.
I hope so, too. I just think you should be aware that it is very common to have legitimate injuries from minor accidents.

(Got my quotes a little mixed up earlier but I think I straightened it out, sorry. :oops: )

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 3:36 pm

cdu7 wrote:
Thu Jun 14, 2018 2:44 pm
Pajamas wrote:
Thu Jun 14, 2018 2:35 pm
cdu7 wrote:
Thu Jun 14, 2018 12:41 pm
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.
I think it is just the opposite. Even a minor car accident at slow speed with minor damage and no other injuries to anyone often causes neck and back pain. I was rear-ended once at very slow speed by an inattentive driver and I can assure you that it is real. It didn't require any treatment but that's not always the case.

Here's one study on the incidence:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)
Maybe you should come to do physical therapy with me sometime to see how many people are in the room that can barely move from being in car accidents. I'd venture probably 60% just in the hour that I go. Car accidents are no joke for neck&back.

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

Post by thangngo » Thu Jun 14, 2018 3:52 pm

neveragain wrote:
Thu Jun 14, 2018 3:10 pm
In my state, if you are hit from behind, it's almost always considered the other driver's fault.
I bet the insurance scammers would love to be in your state. They will just cut in front of you or pull out on to your lane and time it perfectly so there's no chance for you to react. Then it's their pay day!!

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

Post by neveragain » Thu Jun 14, 2018 3:55 pm

thangngo wrote:
Thu Jun 14, 2018 3:52 pm
neveragain wrote:
Thu Jun 14, 2018 3:10 pm
In my state, if you are hit from behind, it's almost always considered the other driver's fault.
I bet the insurance scammers would love to be in your state. They will just cut in front of you or pull out on to your lane and time it perfectly so there's no chance for you to react. Then it's their pay day!!
Well, I've never been a victim of this type of scam.
I was hit a couple years ago and the guy admitted it was his fault. He also told his insurance company it was his fault. No scam there. And the payout isn't great. Because when your car is hit, the insurance company will only give you the blue book value of your car at the time of the accident. There's not some huge windfall.

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

Post by PhilosophyAndrew » Thu Jun 14, 2018 4:03 pm

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.
On what basis do you make this claim? Presumably you have not see his medical records. I understand why you hope he is uninjured, but don’t understand how you cold know that his claim is fraudulent.

Andy.

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

Post by cdu7 » Thu Jun 14, 2018 4:14 pm

ERISA Stone wrote:
Thu Jun 14, 2018 3:36 pm
cdu7 wrote:
Thu Jun 14, 2018 2:44 pm
Pajamas wrote:
Thu Jun 14, 2018 2:35 pm
cdu7 wrote:
Thu Jun 14, 2018 12:41 pm
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.
I think it is just the opposite. Even a minor car accident at slow speed with minor damage and no other injuries to anyone often causes neck and back pain. I was rear-ended once at very slow speed by an inattentive driver and I can assure you that it is real. It didn't require any treatment but that's not always the case.

Here's one study on the incidence:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)
Maybe you should come to do physical therapy with me sometime to see how many people are in the room that can barely move from being in car accidents. I'd venture probably 60% just in the hour that I go. Car accidents are no joke for neck&back.
What percentage of those patients suffering from severe impairment were involved in a low speed accident with no airbag deployment and minor vehicle damage? Car accidents kill large numbers of people every year, I’m aware they are no joke and don’t mean to imply they can’t be very terrible. But, there are accidents and there are accidents.

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

Post by biturbo » Thu Jun 14, 2018 6:04 pm

Who is at fault is going to be hard to say in this case. Others point out that the driver who hits someone from behind is almost always at fault, but this is only true if both had been established and traveling in the same lane for some amount of time.

If you enter traffic or switch to another lane and doing so requires another driver to react immediately and slam on their brakes to avoid a collision, it very likely makes it at least partially your fault. When you mention noticing him after a car length or so, that is really only half a second or less, even at fairly low (~25 mph) speeds.

It'll come down to how long after you pulled out he hit you - if it was within tens of feet or so, it is almost certainly your fault; if it happened a quarter of a mile down the road, it is almost certainly his. In between, there is a bunch of gray area. Unless you have video and/or vehicle telemetry from both cars, it'll be really hard to prove one way or another - I'm guessing that's at least partially why the officer did not cite either of you.

Document what you can (showing where you pulled out vs where he hit you would have been useful, but not possible now) and let your insurance company deal with it.

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

Post by Gnirk » Thu Jun 14, 2018 6:10 pm

Sadly, this happened to me many years ago. The other driver rear-ended me, well after I was on the street. She was obviously at fault, didn't even have her driver's license with her, and left the scene to go home and get it. Months later when my premiums increased, I found out she had claimed it was my fault (it wasn't) and my insurance company paid out a claim to her. When I questioned them on this, they said it was their prerogative and they didn't need to notify me. Needless to say, I changed insurance companies! :annoyed :annoyed :annoyed

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

Post by whodidntante » Thu Jun 14, 2018 6:18 pm

Rupert wrote:
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.
Fully agreed, and I do when possible. Emergency stops are another matter.

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

Post by obgraham » Thu Jun 14, 2018 7:55 pm

This thread points out why people buy insurance. And an Umbrella policy. There's too much fakery and foolishness going on these days when it comes to liability.

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

Post by lazydavid » Thu Jun 14, 2018 8:56 pm

goingup wrote:
Thu Jun 14, 2018 12:11 pm
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..
When I had a minor rear-ender last year, I called my agent (State Farm), and after explaining the story, the first thing they asked me is what the other carrier was. When I said Nationwide, they said all the majors are pretty good about small non-injury incidents like this, and it would be faster to go direct, but that if I got any pushback whatsoever to call back and they'd handle the whole thing. They were right, it was simple and painless, work done at my preferred shop with very little interaction between me and Nationwide--probably 2 phone calls of <10 minutes total.

They did tell me that if the other party had one of the lesser-known or fly-by-night carriers, the best choice is always to file on my own policy and let them subrogate. I'd have to front the deductible, but it wouldn't be worth the hassle to file directly.

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

Post by obgraham » Thu Jun 14, 2018 9:59 pm

lazydavid wrote:
Thu Jun 14, 2018 8:56 pm

When I had a minor rear-ender last year, I called my agent (State Farm), and after explaining the story, the first thing they asked me is what the other carrier was. When I said Nationwide, they said all the majors are pretty good about small non-injury incidents like this, and it would be faster to go direct, but that if I got any pushback whatsoever to call back and they'd handle the whole thing. They were right, it was simple and painless, work done at my preferred shop with very little interaction between me and Nationwide--probably 2 phone calls of <10 minutes total.

They did tell me that if the other party had one of the lesser-known or fly-by-night carriers, the best choice is always to file on my own policy and let them subrogate. I'd have to front the deductible, but it wouldn't be worth the hassle to file directly.
This is the essence of the issue. You have insurance to help you in these matters. SF handled my only significant claim extremely well, despite the fact that it was me that rear-ended the other guy. (And got cited for it, despite the cop agreeing with me that the cause was the other guy -- that;s the way it goes!)

michaeljc70
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Re: I was rear ended and the other guy wants a payout!

Post by michaeljc70 » Thu Jun 14, 2018 10:15 pm

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.
I agree. That is a myth. If you were both in the same lane for a significant period of time, then it is true.

michaeljc70
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Re: I was rear ended and the other guy wants a payout!

Post by michaeljc70 » Thu Jun 14, 2018 10:17 pm

Gnirk wrote:
Thu Jun 14, 2018 6:10 pm
Sadly, this happened to me many years ago. The other driver rear-ended me, well after I was on the street. She was obviously at fault, didn't even have her driver's license with her, and left the scene to go home and get it. Months later when my premiums increased, I found out she had claimed it was my fault (it wasn't) and my insurance company paid out a claim to her. When I questioned them on this, they said it was their prerogative and they didn't need to notify me. Needless to say, I changed insurance companies! :annoyed :annoyed :annoyed
If the insurance company can settle quickly, save on legal costs and pass some/most of the cost onto the insured, that is what they will do. To be honest, I doubt there are many/any that will spend $10k on legal costs to save $5k.

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

Post by wander » Thu Jun 14, 2018 10:23 pm

michaeljc70 wrote:
Thu Jun 14, 2018 10:15 pm
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.
I agree. That is a myth. If you were both in the same lane for a significant period of time, then it is true.
I think you have to listen to both sides to actually know what really happened. For some people, they do not turn head to look behind and only use rear mirror; but the mirror does not show 100%. For some other people, they are busy with texting ;a moment before the road was clear, but when they look up the car (get out from parking spot) is right in front of them and they cannot stop. If you know you were not at fault, I think you should sue the other driver at small claim court. Both sides will have chance to explain what was going on to the judge and let her/him decide.
Last edited by wander on Thu Jun 14, 2018 10:27 pm, edited 1 time in total.

michaeljc70
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Re: I was rear ended and the other guy wants a payout!

Post by michaeljc70 » Thu Jun 14, 2018 10:27 pm

wander wrote:
Thu Jun 14, 2018 10:23 pm
michaeljc70 wrote:
Thu Jun 14, 2018 10:15 pm
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.
I agree. That is a myth. If you were both in the same lane for a significant period of time, then it is true.
I think you have to listen to both sides to actually know what really happened. For some people, they do not turn head to look behind and only use rear mirror; but the mirror does not show 100%. For some other people, they are busy with texting ;a moment before the road was clear, but when they look up the car (get out from parking spot) is right in front of them and they cannot stop.
There are cases where someone cuts in front of you and you cannot stop. If someone is in front of you for some period and you hit them, you were responsible for being able to stop. Good luck proving someone wasn't paying attention. If the case is large enough to warrant getting cell records, if someone was merely typing or reading a message the records wouldn't show that.

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

Post by wander » Thu Jun 14, 2018 10:38 pm

michaeljc70 wrote:
Thu Jun 14, 2018 10:27 pm
There are cases where someone cuts in front of you and you cannot stop. If someone is in front of you for some period and you hit them, you were responsible for being able to stop. Good luck proving someone wasn't paying attention. If the case is large enough to warrant getting cell records, if someone was merely typing or reading a message the records wouldn't show that.
There were cases like that in California for false insurance claims. I think it took quite awhile for the police to know those were setups. That's why the witness is important. If you have a witness, it is priceless. Otherwise, it's she says, he says. If you don't have a witness and the other driver firmly says that he was in front of you for some time, how can you defend that?

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

Post by boglerdude » Thu Jun 14, 2018 11:53 pm

Dash cams.

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

Post by mrc » Fri Jun 15, 2018 4:30 am

boglerdude wrote:
Thu Jun 14, 2018 11:53 pm
Dash cams.
With a rear-facing camera as well. Very useful.
Honor to the soldier and sailor everywhere, who bravely bears his country's cause. Honor, also, to the citizen who cares for his brother in the field and serves, as best he can, the same cause. —AL

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

Post by cherijoh » Fri Jun 15, 2018 6:18 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?
What kind of car do you have and what type of car was parked behind you? If you were in a sedan parked in front of an SUV, he may not have seen you until you were out in the lane. That doesn't leave a whole lot of reaction time. A child ran out into the lane directly in front of me at a shopping center where an SUV was parked at the curb. Fortunately, I was only driving about 5 miles an hour, he would have been hit for sure if he'd encountered one of those maniacs who drives through parking lots at 15 - 20 miles/hr. You on the other hand were in a parallel parking space on a road with a regular speed limit. How long did it take you to pull out of the space?

Also if you only got a car length away from the parking space, were you anywhere near up to speed? "Barreling down on you" suggests a decent speed differential between your car and his, but it could simply be you driving 15 miles below the speed limit OR him speeding.

As far as his injuries, they have nothing to do with how much damage there was to YOUR car. I have a friend who was in a fender bender and he ended up needing physical therapy for about 6 weeks. Believe me, it was not some kind of scam - he was definitely in severe pain.

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

Post by cherijoh » Fri Jun 15, 2018 6:48 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.
Most people do not leave sufficient distance between their cars and the cars in front of them. This is exacerbated by the idiots who don't slow down until the last minute when they see the cars ahead of them are slowing down and then proceed to tailgate. My car was totaled by one such idiot in a morning rush hour "chain reaction" accident a few years ago. Fortunately I walked away unscathed.

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

Post by Rupert » Fri Jun 15, 2018 7:11 am

cdu7 wrote:
Thu Jun 14, 2018 4:14 pm
ERISA Stone wrote:
Thu Jun 14, 2018 3:36 pm
cdu7 wrote:
Thu Jun 14, 2018 2:44 pm
Pajamas wrote:
Thu Jun 14, 2018 2:35 pm
cdu7 wrote:
Thu Jun 14, 2018 12:41 pm
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.
I think it is just the opposite. Even a minor car accident at slow speed with minor damage and no other injuries to anyone often causes neck and back pain. I was rear-ended once at very slow speed by an inattentive driver and I can assure you that it is real. It didn't require any treatment but that's not always the case.

Here's one study on the incidence:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)
Maybe you should come to do physical therapy with me sometime to see how many people are in the room that can barely move from being in car accidents. I'd venture probably 60% just in the hour that I go. Car accidents are no joke for neck&back.
What percentage of those patients suffering from severe impairment were involved in a low speed accident with no airbag deployment and minor vehicle damage? Car accidents kill large numbers of people every year, I’m aware they are no joke and don’t mean to imply they can’t be very terrible. But, there are accidents and there are accidents.
He may have had a pre-existing condition that made him more susceptible to serious injury in a car accident (if so, you're still on the hook if found to be at fault even though you couldn't have known that; Google "eggshell plaintiff"), which I think is the point of many prior posters. I have arthritis in my back and neck. It wouldn't take much of a tap to send me to the doctor and physical therapy. There's no such thing as a person over the age of 40 who doesn't have at least one mildly bulging disc in his/her spine which could be exacerbated in an accident. The elderly, in general, are more susceptible to injury in accidents because their bodies aren't as resilient as the bodies of younger people. Their bones break more easily, and it takes them longer to heal, if they ever do. (See the other ongoing post right now about life after age 40). So, yes, while regrettably there are fraudsters out there, sometimes people are seriously injured even in minor car accidents.
Last edited by Rupert on Fri Jun 15, 2018 7:33 am, edited 1 time in total.

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

Post by HongKonger » Fri Jun 15, 2018 7:33 am

cherijoh wrote:
Fri Jun 15, 2018 6:48 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.
Most people do not leave sufficient distance between their cars and the cars in front of them. This is exacerbated by the idiots who don't slow down until the last minute when they see the cars ahead of them are slowing down and then proceed to tailgate. My car was totaled by one such idiot in a morning rush hour "chain reaction" accident a few years ago. Fortunately I walked away unscathed.
they used to run a PSA on UK TV to teach people the rule of thumb on this. You identify a marker on the street and from the time the car in front of you passes it, you should be able to recite, "Only a fool breaks the two second rule" before you pass the marker.

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

Post by criticalmass » Fri Jun 15, 2018 7:44 am

cdu7 wrote:
Thu Jun 14, 2018 2:44 pm
Pajamas wrote:
Thu Jun 14, 2018 2:35 pm
cdu7 wrote:
Thu Jun 14, 2018 12:41 pm
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.
I think it is just the opposite. Even a minor car accident at slow speed with minor damage and no other injuries to anyone often causes neck and back pain. I was rear-ended once at very slow speed by an inattentive driver and I can assure you that it is real. It didn't require any treatment but that's not always the case.

Here's one study on the incidence:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3256773/
Even if you really had some neck pain after the accident what’s the medical response, I’m betting a bottle of Tylenol until it goes away (maybe some neck exercises)
I was rear ended while sitting in a Mercury Marquis in spring 1998. The pain is still there in 2018. Not enough to require medication, but I never played baseball again. Carrying weight, like bags around an airport, aggravates it. After the rear ending, I had x rays and physical therapy. It was a long battle to get that paid for. If neck exercises made it go away, I would have been pain free for 2 decades. I avoid taking Tylenol, but it doesn’t work any better than ibuprofen for me, which is less hazardous for the liver if you take with food.

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

Post by neilpilot » Fri Jun 15, 2018 8:01 am

wander wrote:
Thu Jun 14, 2018 10:23 pm


I think you have to listen to both sides to actually know what really happened. For some people, they do not turn head to look behind and only use rear mirror; but the mirror does not show 100%.
I assume that you mean side view mirror as opposed to rear view mirror? This becomes more of an issue since the vast majority (I'm told 90%+) of drivers have adjusted their side view mirrors incorrectly. The mirror should be adjusted outward to increase the view of the oncoming lane, but drivers tend to adjust their mirrors too far inward so that they can see the end of their rear fender. This isn't necessary, since it masks a good portion of their blind spot.

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

Post by mouses » Fri Jun 15, 2018 8:08 am

obgraham wrote:
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.
Drivers are supposed to be alert. I can't imagine that a car getting out of parallel parking would magically appear in the road, from the perspective of an oncoming driver.

However, the OP should not be hearing anything about what the other driver is claiming. That's why he has insurance.

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

Post by criticalmass » Fri Jun 15, 2018 9:57 am

caffeperfavore wrote:
Thu Jun 14, 2018 12:47 pm
GAAP wrote:
Thu Jun 14, 2018 12:44 pm
One other note, get the police report -- pay whatever fee it takes ($10 in California). You really do want to know if they assigned blame -- and to whom they assigned it.
Why? What's the OP going to do with that? Probably just get worked up. If he has decent insurance, then that's for them to worry about. It's their money on the line, not yours.
Why? In my case, getting the crash report from the police enabled me to be covered for a large medical bill from being rear ended instead of paying out of pocket. I was happy to pay the $5 report fee.

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

Post by DesertDiva » Fri Jun 15, 2018 1:34 pm

cdu7 wrote:
Thu Jun 14, 2018 10:24 am
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?
Don't know what state you're in - laws vary between them. My initial thought when I read the title of your thread: "he can want whatever he wants - that doesn't mean he will get what he wants".

FYI some people make a career of causing accidents then going after the insurance companies. I wonder if this person has that history.

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

Post by mptfan » Fri Jun 15, 2018 1:37 pm

DesertDiva wrote:
Fri Jun 15, 2018 1:34 pm
FYI some people make a career of causing accidents then going after the insurance companies. I wonder if this person has that history.
If his goal was to cause and accident and go after the insurance company, he shouldn't be rear-ending people.

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

Post by DesertDiva » Fri Jun 15, 2018 1:42 pm

mptfan wrote:
Fri Jun 15, 2018 1:37 pm
DesertDiva wrote:
Fri Jun 15, 2018 1:34 pm
FYI some people make a career of causing accidents then going after the insurance companies. I wonder if this person has that history.
If his goal was to cause and accident and go after the insurance company, he shouldn't be rear-ending people.
I agree - but you never know what some people will try :idea:

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

Post by FlyAF » Fri Jun 15, 2018 2:14 pm

Your insurance sounds like you bought it out of the back of a van. You should be worrying about and dealing with next to nothing. Give your side of the story to your insurance and be done. What the other driver does or tries with your insurance is none of your concern really and there's nothing you can do about it anyways. When I've been in an accident, even my fault, it's 1 phone call to my insurance and that's it. They may or may not call me back requiring another short conversation. If they told me to contact the other persons insurance I'd laugh at them.

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