Can this person file a successful claim against my partner?
2016-02-18 1:26 pm
So about a month ago my partner was driving down a road at around 7pm, he was going 30 mph at the most. Suddenly the car in front slammed on it's brakes as the person in front of this car turned off right at the last minute without indicating. My partner slammed the breaks on but bumped into the back right end of the car in front, it was a slight collision not hard enough to hurt any of us. They both pulled over and the boy who was a dominoes delivery guy working at the time, took his details and the situation was very calm and friendly. The dominoes boy made it clear it was the car in front of his fault. There was no damage to this car just a little scratch just to the side of the tail light, however the car (corsa, same car as my partners) was already covered in scratches all over. So we heard nothing from it for a month then my partner got a letter saying he's filing a claim. We have seen this boy working at dominoes on numerous occasions as we live not far from dominoes where he works and where the accident happened. Can he claim for injury? and What are the chances of any claim being successful??
回答 (8)
2016-02-18 2:09 pm
Yes, the person in the rear is in virtually every instance at fault.
2016-02-18 1:33 pm
Sure you broke the law by not filing an accident report with the police and filing a claim with your insurance company so they had knowledge of it. Now the kid can claim all kinds of vehicle damage and there is no way you can dispute it.Hell he may have backed into a fence a few days later but now wants you to pay for it because there is no proof of the damage your car caused because there is no police report and no insurance claim (Yours-letting the insurance company know you were involved in an accident with the police report number)
Yes you can and will be sued for all kinds of damages and he will probably throw in some medical bills, loss of work claims, and whatever else his attorney can think of.
All of this would have been avoided if an accident report would have been made and your insurance company notified. You better be calling them today, it is probably too late but worth a try
Yes you can and will be sued for all kinds of damages and he will probably throw in some medical bills, loss of work claims, and whatever else his attorney can think of.
All of this would have been avoided if an accident report would have been made and your insurance company notified. You better be calling them today, it is probably too late but worth a try
2016-02-18 4:21 pm
Of course he can. your partner hit him.
2016-02-18 2:29 pm
When you hit the car ahead of you it is your fault because it is your responsibility to follow at a distance you can stop before hitting them regardless of the conditions. That's the law and it is reasonable. In your case the fact that person who was hit accepted culpability is meaningless except that it demonstrates that they didn't understand the law. His insurance company isn't going to pay off an accident because their client is ignorant and the law supports that. Sorry, been there, done that.
2016-02-18 2:22 pm
The person in the rear car is at fault 99.9% of the time. However since you failed to call the police and get a report your insurance company may not cover the claim. You should still report it to your insurance company. I was involved in a similar situation with a Domino's driver and they have a strict policy when it comes to accidents which included calling the police for a report. If the other driver didn't follow policy that might be in your favor.
2016-02-18 2:12 pm
It doesn't matter what the other driver said. It is always your fault if you hit someone from behind. A basic rule of driving is that you are required to leave enough space in front to avoid rear ending another car.
Call your insurance company, they'll handle it.
Call your insurance company, they'll handle it.
2016-02-18 2:09 pm
I'm sure that the other drivers version of the accident is different than yours.
That's what courts are for, to evaluate the evidence presented and to decide a dispute between partys who have different stories.
Yes this person might win. Yes your partner might win.
That's what courts are for, to evaluate the evidence presented and to decide a dispute between partys who have different stories.
Yes this person might win. Yes your partner might win.
2016-02-18 1:58 pm
If you can't stop your car in time to not hit a car in front of you who has slammed on his brakes (for whatever reason), you are at fault. By definition, you wren't allowing enough space between cars.
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