Wrong Way Driver

FATWEASEL · #1 01-19-2007, 01:43 AM

What is the name of your state? NC

My wife was driving on a four lane road split by a tree lined median, moderate traffic, 45mph, cresting a hill. The vehicle in front of my wife slammed on brakes to avoid a head-on collision with another vehicle driving in the wrong direction. My wife was unable to stop in time and rear ended the vehicle in front of her.

No citations were issued to any of the drivers. No one was charged with fault by the police. Our insurance paid for damage to our vehicle and for the vehicle that my wife hit, approx. $900 for us and $3500 for the other vehicle.

Our insurance dropped our 'safe driver' discount, effectively raising our rates for 3 years.

Can I successfully pursue the 'wrong way' driver or their insurance, to compensate for our increased insurance costs?

Thanks

ecmst12 · #2 01-19-2007, 08:55 AM

No. The accident happened because your wife was following the car she hit too closely to be able to stop in time. The accident is 100% her fault. It doesn't matter WHY the car in front stopped suddenly, all that matters is that there should have been enough space between the cars that she shouldn't have hit them.

FATWEASEL · #3 01-19-2007, 06:47 PM

I was afraid that would be the 'legal' answer and you are probably correct that she was technically following too closely. (I can't repeat that to her)

Thanks for your input.

It is sad, though, that I have to pay for what common sense would tell a person is the fault of a careless person driving the wrong way into oncoming traffic and that the person that initiated the whole event can simply turn around (helped by the police) and simply drive away, carefree.

BelizeBreeze · #4 01-19-2007, 06:55 PM

Quote:

Originally Posted by FATWEASEL

I was afraid that would be the 'legal' answer and you are probably correct that she was technically following too closely. (I can't repeat that to her)

Thanks for you input.

It is sad, though, that I have to pay for what common sense would tell a person is the fault of a careless person driving the wrong way into oncoming traffic and that the person that initiated the whole event can simply turn around (helped by the police) and simply drive away, carefree.

and why can't you say that too her?

You: Dear I'd like to talk with you.
HER: what about?
YOU: rearending. You know, I love it when you come to me and make the suggestion when the kids are at their friend's for the night, the lights are down low the candles are burning and Johnny Mathis is on the stereo but when you're in the car you are required to keep at least 10 feet for each 10 mph distance fromt he car in front of you.

And because you didn't this time, we don't have the money for the condom, the candlelight or the electricity for the Johnny Mathis so get on the floor ....You have a debt to start repaying