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Down the hill Wet Road Auto Accident Claim

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ochileno

Junior Member
Hi There,

Recently I had a car accident in TX, where I hit another car from the back in a single line road. It was a rainy day, so the road was wet and extremely slippery. The accident took place in an intersection w/ no traffic lights.

The event: In front of us there was a car that suddenly stops and decides to turn left. The car in front of me breaks and slides, but able to maneuver and avoid hitting the turning car, stopping in front of me slightly turned to the right. When I break, I slide for about 3 or 4 seconds duplicating my speed, impacting the rear right of the car in front of me w/my left front side.

My car does not have ABS breaks, and also the intersection is a down the hill road. These factors contributed to increase my speed and unable me to stop my car promptly. The average speed for the car in front of me and my car was around 30 Mph; the maximum speed in this farmer road is 45 Mph.

No Ticket was issued. No Injuries were reported. The Police report determined that the accident was weather related.

In a conversation with an insurance agent who took the claim, he explained that because the accident was weather related the Insurance Adjuster may determine that was not my fault and each individual would have to fix their car on their own w/ their respective insurance.

It turns that the Adjuster failed against me, arguing that I didn’t have the enough distance due to road conditions, and was my fault because I impacted the other car. My native language is not English, and the Adjuster language was very fast and w/ lots of legal terms which make feel very uncomfortable. In many occasions during the telephone interview I felt that I was not sure about what I was answering. I disagree w/ the final resolution but he already passed the bill and paid the other car repairs.

In consequence my premium will increase 10% for the next 3 Years and a record will be generated that I caused the accident.

I would like to appeal to this resolution and do not have a premium increase neither a negative record on my clean history. I do not want to open a big litigation w/ layers etc.. because it may cost me even more $$$.

Despite to get another Insurance Co, which are my options at this point?
 


JustAPal00

Senior Member
The accident was 100% your fault! You failed to control the speed of your vehicle and caused a collision! I think the language barrier my have made you misunderstand the claims agent. There is no way an experienced claims adjuster would have told you it was the weathers fault not yours.

You can always shop around for new insurance, but may have a tough time due to the accident on your record!
 

ecmst12

Senior Member
You are lucky, in my state your premiums would increase by 40% for 3 years!

You are completely at fault. Whenever you rear end another car, it is nearly ALWAYS going to be your fault. You did not have enough distance between you and the car in front of you to be able to stop safely, considering the weather and road conditions. You KNEW it was wet and downhill, and should have allowed for extra space to compensate. There is no way out of it - you are at fault.
 

ochileno

Junior Member
What about unexpected road conditions like Icy Roads?

So it that means the US law always failed against the person that hit another car from the back, even in extreme conditions like Icy roads where, like me, when you break in a Non-ABS car, you accelerate rather than stop, and completely loss control of your car?

I had extra distance but didn't know the road was that slippery and maybe w/ oil spill due to the previous accident in the same intersection. I wish I had a crystal ball but I did not.

Obviously the car in front of me & the other 4 accidents that happen at the same road at the same time frame that day didn't either... my point is, you can prevent certain bad road conditions but not all, until you're in. Does the law protect you in cases like this?
 

Zigner

Senior Member, Non-Attorney
So it that means the US law always failed against the person that hit another car from the back, even in extreme conditions like Icy roads where, like me, when you break in a Non-ABS car, you accelerate rather than stop, and completely loss control of your car?

I had extra distance but didn't know the road was that slippery and maybe w/ oil spill due to the previous accident in the same intersection. I wish I had a crystal ball but I did not.

Obviously the car in front of me & the other 4 accidents that happen at the same road at the same time frame that day didn't either... my point is, you can prevent certain bad road conditions but not all, until you're in. Does the law protect you in cases like this?
You are supposed to maintain control of your vehicle. You are expected to know the conditions of the road and also to be aware of the possible conditions of the road.
 

Roo

Member
No, because you're supposed to adjust your driving accordingly. Obviously, everyone that crashed was going too fast for conditions. If you were going a bit slower or had a bit more distance you may have avoided crashing.

Dang, I type too slow for conditions
 

ecmst12

Senior Member
Yes, even in icy conditions. When it is icy, if you HAVE to drive, you go very very slow and leave roughly an ocean of space in front of you. If you fail to maintain control of your car, for WHATEVER reason, it is your fault if you hit someone. US traffic law says it is the following car's responsibility to make sure there is enough space in front of them to stop safely in case the leading car makes a sudden stop. The fact that you hit the car in front of you means, by definition, that you did not do that.
 

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