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Old 06-23-2005, 10:02 AM
Junior Member
 
Join Date: Jun 2005
Posts: 1

Got rear-ended, but need to take 50% fault?


What is the name of your state? CA

I was rear-ended by a car and then was pushed forward to hit the car in the front. The front car fled the scene. Police was dispatched to the scene, but she didn't write a police report.

I was recently informed that the two insurance companies (mine and the other car's) went to arbitration and the decision was that I am 50% at fault in this case because the front damage of my car is much severe than the rear damage, (Also, the muffler underneath the car was bent too, but they didn't mention whether it belong's to front damage or rear damage) and worse, they said that this "evident" (ie. front damage being much severe than rear damage) showed that I hit the front car first and then got rear-ended by the other car later. But this is WRONG!! I was INDEED hit by the tailing car first and then pushed forward! I do not agree that if front damage is severe than rear damage, then it is the front got hit first. Because this is the fact!.

Also, the arbitration decision is that the other party only pays for 30% of the repair cost (no other cost will be re-imbursed, i.e. medical ..etc) because of the same "reason", which is that the rear damage is not as severe.

I was like "what????". I was hit in this case. If the other car didn't rear-end me, I would never ever touch the car in front of me. And now, not only I am (falsely) charged to be 50% at fault, I need to pay for 70% of the cost.

I opened a cast with an attorney at the very beginning. And the attorney told me that since they have already gone through arbitration. My insurance company will not fight the case for me on my behalf anymore. I can choose to sue the other party's insurance company and fight by myself. And I need to pay for the lawyer fee myself in this case.

Where is justice? THis is totally not right. What can I do? Why would I need to take responsibility for the damage other people did to me??

Any comment or help will be greatly appreciated.
  #2  
Old 06-23-2005, 11:01 AM
Senior Member
 
Join Date: Sep 2004
Posts: 1,923
What your attorney told you is correct. Unfortunately, it sounds like you're getting the short end of the stick, but that happens sometimes in arbitration, especially when it's just your word against theirs. Even if you win against the other insurance company, you'll still have to deal with higher insurance rates. Sorry.
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