Rearended trail with no lights after dark. HELP

[J Advocate]

I live in Washington state. I was heading home after work, and it was about 630 pm. We had a heavy overcast, and the light was dimming rapidly. Post sunset. I was driving with my head lights on when they stuck upon a large gray object directly in my path. I applied my brakes and stuck what turned out to be a large dark grey trailer being towed by a much smaller vehical. The trailer did not have any functioning lights, and completely obscured the lights from the vehical that was towing it. The driver even stated that he thought he could make it home without incident, and acknowledge that the lights did not work. When I say no lights, I mean no lights. No break lights, no tail lights, and no running lights.

I took pictures of the trailer as I there was no phone to be found. In a case like this, who is at fault? Am I responsible for the accident or is the other driver?

I was not speeding, and all of my lighting equipment was on and functioning. The other drive was towing a large trailer with no lighting after dusk. Any adivse will be greatly appreciated.

PS, I bit my lip really bad and now have neck and upper back pain. This really ruined my plans for this weekend.

 

[HomeGuru]

Police report, insurance carrier notification- yours, the other drivers etc.?

 

[J Advocate]

The state patrol would not respond, non injury accident. A person who stopped to see if we were ok called them. He said they would not respond unless someone was injured.

He had insurance, as do I.

To be on the safe side, I took pictures of the trailer and the vehical towing it.

I contacted my insurance company first, then his. I got what I believe to be the standard run around from his. They claimed that they could do nothing until they talked to there insured, and aside from giving a claim number, they were no help.

My insurance company told me to his insurance company. The results are stated above.

Both of us have quality insurance. I simply need to know if I am at fault because I struck his unlighted trailer after dark.



[Edited by J Advocate on 03-30-2001 at 01:07 AM]

 

[HomeGuru]

You need to file a claim with your insurance company and hire a PI attorney.
Do not give any tape recorded statement to yours or the other drivers insurance company.

 

[J Advocate]

Thanks. But I think they record every call coming in. Something like "this call mybe recorded for quality assurance purposes."

Thanks for the advice.

 

[HomeGuru]

Then go see an attorney first since once hired, the attorney will have the authority to deal with the insurance company on your behalf.
The driver violated several motor vehicle trailer laws. When you got home you should have called the police to report the license number, violations etc. so that they would be on record. Your photos should suffice though.

[Edited by HomeGuru on 03-30-2001 at 01:25 AM]