car accident in CA

[ilovejune]

Last Tuesday night, I drove to my brother's house for celebration of lunar new year. It was around 7:20pm and it had been raining for a whole day. I was on the highway 880. Because I noticed the slippery road situation, I kept in the speed of 55mile/hour and kept the distance from the front car around 4 sec (100 meters). There was no traffic at all, but suddenly the driver in front of me stepped on the brake. So immediatedly I made the response to brake. But the collision still happened. That driver has claimed this accident from my insurance company. But I think this is not all my fault. Because I didn't speed and I didn't follow the front car closely. I have tried my best the make the quickest response. I think that driver also should share some responsibility. My car is damaged, my insurance is just liability. So I want to claim from that driver's insurance company to ask for the compensation of my car's repair. I am wondering under this situation, if this is a no-fault accident. And how possible that I can get the compensation from that driver's insurance company.

Thank, the accident happened in San Jose of California.

 

[I AM ALWAYS LIABLE]

Last Tuesday night, I drove to my brother's house for celebration of lunar new year. It was around 7:20pm and it had been raining for a whole day. I was on the highway 880. Because I noticed the slippery road situation, I kept in the speed of 55mile/hour and kept the distance from the front car around 4 sec (100 meters). There was no traffic at all, but suddenly the driver in front of me stepped on the brake. So immediatedly I made the response to brake. But the collision still happened. That driver has claimed this accident from my insurance company. But I think this is not all my fault. Because I didn't speed and I didn't follow the front car closely. I have tried my best the make the quickest response. I think that driver also should share some responsibility. My car is damaged, my insurance is just liability. So I want to claim from that driver's insurance company to ask for the compensation of my car's repair. I am wondering under this situation, if this is a no-fault accident. And how possible that I can get the compensation from that driver's insurance company.

Thank, the accident happened in San Jose of California.

My response:

It appears to me, from your post, that you violated California's "Basic Speed Law" - - that is, you may only drive as fast as it is safe "up to" the speed limit. Since it was rainy weather, you were obviously traveling faster than was prudent or reasonable for the conditions - - i.e., the accident would not have happened if the weather had been dry.

IAAL