• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

3rd car causes minor accident to be a major one

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

130munch

Member
What is the name of your state (only U.S. law)? Illinois

While driving on a hill after a light snow we came around a corner and there was a car stuck sideways blocking the entire road. We later found out the woman called the police for help and they told her to stay put. We were already going slow, but slid anyway due to the snow and incline, causing a minor accident. Luckily, Not much damage was done to either car at this point since we were driving so slow to begin with.

Then a 3rd car came down the same hill much faster and smashed our car in between their car and the other. Now our car is extensively damaged, having been smashed in between 2 suvs - our car is a hyundai elantra

The police said everyone is at fault so issued no tickets. Our car is undrivable now, the others had minor damage, like a small dent and broken headlight.
Shouldn't the 3rd driver be held accountable for causing the serious damage? After all, it was minor until the 2nd impact. And what about the lady in the middle of the street on a hill? Does she bear no responsibility?
 
Last edited:


CourtClerk

Senior Member
The lady was stuck in the snow. Was the snow her fault? You were negligent (at least minimally) in driving your car because you hit her. Car 3 was negligent in driving their car because they hit you. I suppose no one can prove how much more damage car 3 caused to car 1 by running your car into hers... so car 3 will repair car 2. Car 2 will repair car 1.

This is what you pay insurance companies for. If they want to fight, then let them. So long as you get our car fixed and everyone is made whole, who cares how it gets done.
 

130munch

Member
I do get that we are to blame somewhat, but who can prepare for a car blocking the road sideways hidden by a curve in the road? We did find out that the lady had called the police for help because she worried she may get hit if someone came down the hill - they told her to stay put. And a homeowner saw her before we hit her and and told her to try to pull in his driveway so she would not get hit. I would think the helpful homeowner, ourselves and the lady can confirm the 1st impact was minor, and the 2nd one cause the real damage.


I've never been in an accident in all my 30+ driving years , so I'm not sure what to expect from our insurance company - we have State Farm. We already called to file an initial claim, but we have to call back on Monday to submit a full claim.
 

FlyingRon

Senior Member
I do get that we are to blame somewhat, but who can prepare for a car blocking the road sideways hidden by a curve in the road?
You are. You're supposed to slow down going around blind corners or in other things that reduce your visibility.
 

DaveJones002

Registered User
I would feel luck as your insurance will fix the lady who was stuck in the snow's car that you say is minor. The car traveling fast that hit your car will repair your car. And no one will repair the fast traveler's car but that cars insurance.

It was an unfortunate thing and maybe unavoidable. It was an accident and thats why we have accident insurance.

Be fortunate you were not charge with "driving too fast for conditions".

At least your insurance company only has to repair a car with minor damage. And yes the 3rd car should be paying for your car (the only one with serious damage) as he or she hit your car when your car was motionless.

So I believe the answer to your question is yes.
 
Last edited:

Zigner

Senior Member, Non-Attorney
I would feel luck as your insurance will fix the lady who was stuck in the snow's car that you say is minor. The car traveling fast that hit your car will repair your car. And no one will repair the fast traveler's car but that cars insurance.

It was an unfortunate thing and maybe unavoidable. It was an accident and thats why we have accident insurance.

Be fortunate you were not charge with "driving too fast for conditions".

At least your insurance company only has to repair a car with minor damage. And yes the 3rd car should be paying for your car (the only one with serious damage) as he or she hit your car when your car was motionless.

So I believe the answer to your question is yes.
I think the question is...how does one separate the damage caused by the OP (to his vehicle AND to the first vehicle) from the ADDITIONAL damaged caused by the second collision?
 

ecmst12

Senior Member
The damage to the back of the car is clearly caused by the 3rd vehicle. The damage to the front of the car will probably be split, with OP responsible for half and the 3rd car responsible for half. OP's insurance and the 3rd car's insurance will likley also split the cost to repair the innocent car.
 

DaveJones002

Registered User
"I think the question is...how does one separate the damage caused by the OP (to his vehicle AND to the first vehicle) from the ADDITIONAL damaged caused by the second collision?"

Well she says it is very minor "Our car is undrivable now, the others had minor damage, like a small dent and broken headlight" so I'd assume her insurance will take care of it. Sounds to me not much extra damage was done.
 

cbg

I'm a Northern Girl
So when you slide on the ice you're not at fault, but when someone else slides on the ice they are?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top