ok let me briefly explain the situation

me and my girl friend were driving down the 101 South just one exit north of Goleta (Santa Barbara) and anyone who knows that area, the highway is a two laner on each side with a center median and a few ranches on the side of the freeway where people come onto the freeway occasionally

I was driving 65 (speed limit) and these ranch workers just drove on to the highway from the northbound side and onto my side of the highway

I saw him coming, I slowed down, the fastlane was open (I was doing 65 in the right slow lane) but just as he turned onto the highway accelerating from about 10mph he switched into my lane and there was no way I could avoid him, I was full out on the brakes even flatspotted the tires a bit and I hit him at probably about 5-10 mph

a really nice guy in a camry pulled up behind us as a witness and told the CHP what happened and how the Ford Focus (car I hit) just pulled out right in front of me and how I had no way of avoiding him

now here are my questions

usually in a rear end collision, it would be my fault yes?? I have a witness who says the same thing as me that I tried to stop couldnt and I was going the speed limit (which I was!! I was going sloww!!!)

the guys I hit, their insurance company called me today and told me I should pay them the 400 bucks... and I'm just kinda... uhmmm not to happy about it but I need some help with this thing!!


thanks!

 

It's never been my understandig or belief that the person who is the "rear" in a rear-ended is at fault. I don't know of anything in the vehicle code that supports this, but I believe the person who is performing a "turning maneuver" would be at fault. That is, if you're driving in a straight line and someone changes directions into your lane and causes you to rear-end them, they are probably more at fault than you are.

Of course, sometimes it doesn't really matter what actually happened if it boils down to a your word vs. their word situation. Fortunately, it sounds like there are witnesses that support your story.

As far as what you should do to resolve this, your guess is as good as mine. If $400 will make it go away forever, that might be the best bet. You could easily spend more than that (in lost work, lost personal time, etc.) fighting for what you think is the right thing. Given that the other driver was in a Ford Focus, I doubt that they have the means to pay for your damages, unless their insurance company would pay it.

If you do settle and pay the $400, just make sure that the other driver and all passengers waive any future claims arising from the incident.

 

good luck

in texas, if you hit em from the back even if it wasnt your fault, 99% of the time they will say its your fault

 

Don't worry about the insurance company, that's what the adjusters and lawyers get paid for, to try and make them money. Tell them your have reconsidered and your going to sue. the attitude will change quickly. Take this to court and get a new set of tires and whatever else needs done. your witness is your lifeline.

P.S- what you have is called "right of way" them coming into your lane makes it their fault.

 

Most people have this belief that if you rear-end someone it is automatically their fault. NOT TRUE.

The rear-end statute states that a person should not drive so close that it is unsafe. You didn't do that, and you have a witness.

The person in the Ford violated a statute where it states it is unlawful to merge into a lane when it is unsafe. He did that, and you have a witness.

DO NOT TALK TO THE GUY'S INSURANCE COMPANY, they will try to get incriminating statements/or try to make you pay even though it is not your fault. Go through your insurance, you'll be fine.

 

I agree with the last statement above...end communication with other guys insurance company immediately!

 

yeah, definitely stop talking to the other guy's insurance company. Let someone else deal with that. Sounds like you should be OK in this situation... after all, you did have the right of way.

 

Sorry to hear about that Malik. You did not do anything wrong and good thing you have a witness!!

Good luck!

 

thanks guys

we talked to my girl friends insurance company (it was her car Nissan 240SX) and we will have them deal with hte guys in the Ford Focus's insurance

we had a police report filed so it makes things easier for us too, all I hope for is that our witness comes through, he seems like a really nice guy and I hope he is around to help us out

I hope the at fault is more tilted on their side- I really could not avoid this one without doing anything crazy... and to be honest, I'd rather hit a car than to spin out lose it trying top avoid a swerving Focus going 10-15mph!!

 

sorry to hear about the accident Malik. Glad you and your gf are ok. Sorry I don't have any similar experiences or wisdom to share. Just hope everything works out

 

Count my fiancee as the 1%, then. She actually had a guy intentionally cut into her lane and slam the brakes. Luckily, there was a witness and his insurance company paid.

 

Other guy= failure to yield.... Were they cited for this?

This should not be majority your fault. Hopefully you don't have Allstate or are going against Allstate (they suck).

 

I am glad that it is not either of your cars........ I know you would have gone to the deep end. Kamal would have given you some heat........heheeee

I hope you are going to show up for the SD meet.

 

Glad you're ok!