Bad Laws

[Criss9]

What is the name of your state? NY

Car was in left lane of expressway, truck in front. Truck suddenly change lane to reveal a stopped van in front. Hit brakes but lightly hit stopped van. No damage to van but damage to my car. Driver gets out and says don't worry, no damage. We exchanged ins. info. I asked him why he was stopped. He got pissed off and said I rear ended him and drove off. I have 4 witnesses in the car co-worker carpooling. Their ins. co. never responded, I sent certified mail w/ return receipt 2x. They claim they never got the claim form but their adjustor had called me and I corroborated their insured's story. They never called me and my number was on the claim form they claimed never to received. I know the law places 100% blame on me but this guy created a dangerous situation in the left lane of a highway. Is he partially to blame as well? Can I sue in small claims and what are my chances?

 

[EvilWizard]

Why was the van stopped? Was there traffic or did it break down? In either case you are still probably going to be at fault because if the vehicle in front of you suddenly changed lanes to avoid hitting the van and you hit the van that means you were either inattentive or following too closely.

 

[Criss9]

When I got out to see if the van occupants were hurt. I notice nothing in front of the van to cause it to stop. The driver and passenger were laughing and drinking as if nothing happed. I don't even know what caused the van to be stopped. The guy only got pissed when I asked him why he stopped. Traffic moves quickly in the left lane of a highway, I think few cars would be able to stop quickly enough to avoid a stop vehicle in the left lane of a highway. I do take responsibility for the accident as well but I think the other driver might have been intoxicated and reckless which is why he drove off without waiting for the police to arrive to take a report. I can't prove it so I think I'm screwed, my damages are over 4500 since my car, 96 Acura 2.5TL has no after market parts and can only be provided by the dealer, one headlight is $500, I need 2 , hood, grill, bumper, radiator and radiator support, whereas the other guy got off free and clear.

 

[shell007]

If you had damage and you thought the guy was intoxicated...why didn't you make note of his plate number, pull off of the highway, call the police, and wait for them?

 

[MandyD]

which is why he drove off without <b> waiting for the police to arrive to take a report.<b>

Hmm, it would appear to me that the police were called.

 

[shell007]

Because the original post said that they exchanged insurance info. and did not say anything about the police.

In the OP's second post he states: "which is why he drove off without waiting for the police to arrive to take a report"

He never clearly said anything about him sticking around either! Hence the reason for my question to the OP.

OP also states: "I can't prove it so ".

If the OP waited for the police and told them his concerns about the driver of the VAN being intoxicated, you would think that the police would have dispatched another officer and tracked this guy down "THEN HE WOULD HAVE HAD HIS PROOF".

 

[MandyD]

You're clearly out of your league and I'm done with you...for today.

 

[gawm]

bottom line is you rear ended him, it's your fault! pay for your damages.

where as the other guy got off free and clear

That's a good thing otherwise you would be paying for his damages also.
consider yourself lucky!