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  1. #1
    icekoffee is offline Junior Member
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    Missouri- Roll back at stop sign accident

    What is the name of your state? Missouri

    I drive a 1966 Volkswagen Single cab Truck and I stopped at a stop sign on an upwards sloping hill. My truck is old... carburated and a manual transmission. When shifting into first to get going again from the stop sign my truck rolled back a little and hit the person behind me's bumper. Is it my fault that the ruck rolled back a little or is it their fault for following too closely?

    Of couse when we got out of the cars the guy was very irrate and acted like I just killed his puppy. Was it even my fault?

    Thanks
  2. #2
    ecmst12 is offline Senior Member
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    I would say you are primarily at fault, though I have heard of people being found partially at fault for "stopping too closely" but it's really going to depend on the circumstances and the state. Report it to your insurance company and let them figure it out. But you do have the greater duty to maintain control of your vehicle, even when stopped on a hill.

    1966 eh? I don't know whether to feel impressed or sorry for you! I love my VW (2001 Passat) and plan on getting another soon (2009 Jetta TDI) but VW before the late 90s had some pretty scary stuff out!
  3. #3
    icekoffee is offline Junior Member
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    http://images.thesamba.com/vw/gallery/pix/399276.jpg
    here is the truck in question. I have an 07 Rabbit but i prefer to drive the older stuff.

    I am hoping that he will be found to be riding too close to my car. I think in missouri that is how the law works but I am not totally sure that is why I am asking. Plus I dont know for sure that he didnt just move forward into my bumper.
  4. #4
    xylene is offline Senior Member
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    Nice old car.

    BUT, the reality is that rolling back at a stop sign is your fault.

    I find it hard to see how you admit you rolled back, but now claim you were rear ended?

    ---

    Oh, I wanted to add that if take offs from inclines are a problem, use your handbrake to prevent roll-back. That is a basic manual driving skill and one that is imperative to use if some putz is on your bumper.
    Last edited by xylene; 06-18-2008 at 10:00 AM.
  5. #5
    racer72 is offline Senior Member
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    Same thing happened to me many years ago while driving an old Chevy pickup. The cop gave the other guy a ticket for following too closely, he stopped only inches from the rear bumper of the truck and I rolled backwards less than a foot.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  6. #6
    icekoffee is offline Junior Member
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    Quote Originally Posted by xylene View Post
    Nice old car.

    BUT, the reality is that rolling back at a stop sign is your fault.

    I find it hard to see how you admit you rolled back, but now claim you were rear ended?

    ---

    Oh, I wanted to add that if take offs from inclines are a problem, use your handbrake to prevent roll-back. That is a basic manual driving skill and one that is imperative to use if some putz is on your bumper.

    I fully admit that I rolled back. All i was saying that what says he didnt start going as soon as my brake lights let off and I started to go.
  7. #7
    xylene is offline Senior Member
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    Quote Originally Posted by racer72 View Post
    Same thing happened to me many years ago while driving an old Chevy pickup. The cop gave the other guy a ticket for following too closely, he stopped only inches from the rear bumper of the truck and I rolled backwards less than a foot.
    The ticket does not mean you were not liable for the damages your vehicles movement caused to another.

    Also, only inches but you rolled a foot.

    If the car was only inches away, there would be only a trivial amount of momentum and thus negligible damges...

    There just is no excuse to rolling backwards. One can heel-toe (less safe) or use the handbrake.
  8. #8
    xylene is offline Senior Member
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    Quote Originally Posted by icekoffee View Post
    I fully admit that I rolled back. All i was saying that what says he didnt start going as soon as my brake lights let off and I started to go.
    The fact that you are supposed to move in the direction of travel in you lane makes your presumption incorrect. When you let your brake off, you are to move forward, not in a reverse direction.

    Rolling backwards on a slope is no different than putting it in reverse. The burden is on you to make sure it is safe to move backwards.

    I mean how could the car behind get very damaged. I realize bodywork is expensive, but how much damage is there?
  9. #9
    icekoffee is offline Junior Member
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    Quote Originally Posted by xylene View Post
    The fact that you are supposed to move in the direction of travel in you lane makes your presumption incorrect. When you let your brake off, you are to move forward, not in a reverse direction.

    Rolling backwards on a slope is no different than putting it in reverse. The burden is on you to make sure it is safe to move backwards.

    I mean how could the car behind get very damaged. I realize bodywork is expensive, but how much damage is there?
    exactly thats what pisses me off. His POS 94 nissan Maxima's bumper has sunbleached paint down to the plastic and all scraped to crap to begin with. Who knows what was there in the first place. The whole car was crapped out begin with. And my bumper only has a 3 inch scratch. I just dont want to pay for him to have a better car. If they even say its my fault. It depends from state to state thats my real question
  10. #10
    xylene is offline Senior Member
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    Quote Originally Posted by icekoffee View Post
    exactly thats what pisses me off. His POS 94 nissan Maxima's bumper has sunbleached paint down to the plastic and all scraped to crap to begin with. Who knows what was there in the first place. The whole car was crapped out begin with. And my bumper only has a 3 inch scratch. I just dont want to pay for him to have a better car. If they even say its my fault. It depends from state to state thats my real question
    Your are responsible for the damages.

    If you are sued in small claims, I would suggest arguing the value of the damages and how they are conflated with existing damage, it is a much more effective tact than what you have stated about the the too close and 'he rear ended me' thing.

    You were in an accident, you can't stop him from your insurance though. They will lobby on your behalf and will not allow any shenanigans.

    Practice using the hand brake on up-slope takeoffs.
  11. #11
    ecmst12 is offline Senior Member
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    The best you could hope for is *maybe* 10% negligence on him so your insurance only pays for 90% of his damages. It's still mostly your fault. You failed to control your vehicle and damaged his.

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