Bad day for my wife's rx
03-26-14, 02:34 PM
#31
Lexus Test Driver
Here in California, 90% of the time, if you rear ended someone, you 're at fault.
I don't agree with it BUT that's how they see it.
And that's how insurance Co. Deny claims
Exception is if the other party is made a turn to a one way lane and you hit him. ( but i don't think that's considered a rear end accident).
Going back to the OP's scenario,
If cars were backed up already, AND the Corolla wasn't able to FULLY make a lane change,
Im betting the Lexus was moving fast. ( ticketed for failure to control speed).
Don't you agree?
OR Here's another poasible scenario.
The RX and the Corolla BOTH. Made lane changes.
The RX coming from the Left while the Corolla coming from the Right.
So basically, the 2 drivers fought for the SAME lane, however, the Corolla got there first. ( illegally, since he crossed a solid line)
And the damages we saw can back me up on THIS.
Last edited by markrivers; 03-26-14 at 02:42 PM.
03-26-14, 02:39 PM
#32
No, I don't play soccer!
Well, it would certainly help if the officer put his comment in the police report. And thanks for more details though you didn't have to. It sounds like your wife didn't have a chance to avoid the accident. Best of luck getting satisfactory resolution.
05-11-14, 09:12 PM
#33
Instructor
You asked for ideas of cost of repair. Just curious. Has the car been repaired and how much did it cost? Any helpful experiences to share?
Ray A.
Ray A.
05-12-14, 06:51 AM
#34
BUT, There was a rear end collision.
Here in California, 90% of the time, if you rear ended someone, you 're at fault.
I don't agree with it BUT that's how they see it.
And that's how insurance Co. Deny claims
Exception is if the other party is made a turn to a one way lane and you hit him. ( but i don't think that's considered a rear end accident).
Going back to the OP's scenario,
If cars were backed up already, AND the Corolla wasn't able to FULLY make a lane change,
Im betting the Lexus was moving fast. ( ticketed for failure to control speed).
Don't you agree?
OR Here's another poasible scenario.
The RX and the Corolla BOTH. Made lane changes.
The RX coming from the Left while the Corolla coming from the Right.
So basically, the 2 drivers fought for the SAME lane, however, the Corolla got there first. ( illegally, since he crossed a solid line)
And the damages we saw can back me up on THIS.
Here in California, 90% of the time, if you rear ended someone, you 're at fault.
I don't agree with it BUT that's how they see it.
And that's how insurance Co. Deny claims
Exception is if the other party is made a turn to a one way lane and you hit him. ( but i don't think that's considered a rear end accident).
Going back to the OP's scenario,
If cars were backed up already, AND the Corolla wasn't able to FULLY make a lane change,
Im betting the Lexus was moving fast. ( ticketed for failure to control speed).
Don't you agree?
OR Here's another poasible scenario.
The RX and the Corolla BOTH. Made lane changes.
The RX coming from the Left while the Corolla coming from the Right.
So basically, the 2 drivers fought for the SAME lane, however, the Corolla got there first. ( illegally, since he crossed a solid line)
And the damages we saw can back me up on THIS.
Regardless of how the Corolla got in the lane, he was there. Any officer can judge how much of the Corolla was in the lane (80%, 90% etc) and then judge how much room the Rx had to stop before rear ending it. If Rx were going slower, would have had time to avoid the accident.
Insurance company will decide whether or not to challenge other drivers insurance. It's called subrogation and OP will have little to do with whether it's pursued or not.
05-12-14, 07:22 PM
#36
The Lexus was going straight before the accident. The Corolla unsafely changed lane before the accident. The Corolla caused the accident. In Massachusetts, it's Corolla fault.
05-13-14, 05:56 AM
#37
When You are At-Fault in an Accident
What does it mean to be at-fault?
Under Massachusetts law, you are considered to be at-fault for an accident if your driving behavior at the time of the accident was more than 50% of the reason for the accident.
Why does it matter who is at-fault in an accident?
State law requires your motor vehicle to be insured for accidental injury to other people and property that may occur while you are driving it. Who is at-fault in the accident affects the amount of money insurance companies are obligated to pay in damages, and is also likely to affect the at-fault driver’s cost of insurance in the future.
The amount of money an insurer is obligated to pay in an accident is partly determined by who is at fault. If an operator’s actions weremore than 50% of the reason for an accident, that operator’s insurance company must cover all of the losses and expenses incurred by others who were affected by the accident. However, if all individuals involved in the accident were partly the cause of it, and no single individual was more than 50% at fault, insurers are only responsible for restoring other injured parties to the extent they did not contribute to the accident.
The effect on your premium when you are at-fault in an accident will be based on the rules and rating factors your insurance company has filed with the Division of Insurance. Most insurance companies assign a fixed number of points for each type of at-fault accident or traffic violation, and the total point value is used to determine a percentage increase to the premium for the policy. At-fault accidents may affect future premiums for 3-5 years. The Division of Insurance carefully reviews merit rating plans before authorizing an insurance company to apply them to determine premiums. Individual insurer’s rating plans are available to the public. If you have specific questions about the at-fault accidents or traffic violations that are reflected in your premium, contact your agent or company
What does it mean to be at-fault?
Under Massachusetts law, you are considered to be at-fault for an accident if your driving behavior at the time of the accident was more than 50% of the reason for the accident.
Why does it matter who is at-fault in an accident?
State law requires your motor vehicle to be insured for accidental injury to other people and property that may occur while you are driving it. Who is at-fault in the accident affects the amount of money insurance companies are obligated to pay in damages, and is also likely to affect the at-fault driver’s cost of insurance in the future.
The amount of money an insurer is obligated to pay in an accident is partly determined by who is at fault. If an operator’s actions weremore than 50% of the reason for an accident, that operator’s insurance company must cover all of the losses and expenses incurred by others who were affected by the accident. However, if all individuals involved in the accident were partly the cause of it, and no single individual was more than 50% at fault, insurers are only responsible for restoring other injured parties to the extent they did not contribute to the accident.
The effect on your premium when you are at-fault in an accident will be based on the rules and rating factors your insurance company has filed with the Division of Insurance. Most insurance companies assign a fixed number of points for each type of at-fault accident or traffic violation, and the total point value is used to determine a percentage increase to the premium for the policy. At-fault accidents may affect future premiums for 3-5 years. The Division of Insurance carefully reviews merit rating plans before authorizing an insurance company to apply them to determine premiums. Individual insurer’s rating plans are available to the public. If you have specific questions about the at-fault accidents or traffic violations that are reflected in your premium, contact your agent or company
Once officer assigned both drivers tickets, each one is responsible for repairs to his own vehicle in the eyes of the insurance company. Not going to be worth the court fight if other drivers insurance denies their tender letter. So instead of one at fault drivers insurance going up, both drivers' rates increase.
Last edited by oohpapi44; 05-13-14 at 06:02 AM.
05-13-14, 07:14 AM
#38
Lexus Test Driver
^ Thank you for the clarification.
it's very informative. at the end of the day, the insurance Co wins.
they can raise the premium of at least 2 drivers per accident.
it's very informative. at the end of the day, the insurance Co wins.
they can raise the premium of at least 2 drivers per accident.
05-31-14, 12:43 PM
#39
Instructor
White RX damage
vip..me:
How much was the repair, bottom line and how much did the insurance go up, if you don't mind my asking?
Ray A.
How much was the repair, bottom line and how much did the insurance go up, if you don't mind my asking?
Ray A.
Last edited by raylor4; 05-31-14 at 12:46 PM.
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