Rear Ended but other driver claiiming my nephews fault

[barfbag388]

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

My nephew was driving home from work a week ago. He turned onto a busy street and got in behind a suburban which he stayed behind for approximately 1.5 miles. They were at a light and just started to move when he was rear-ended and pushed into the vehicle in front of him and that vehicle pushed into the vehicle in front of him. My nephew has insurance, no collision, but liability. The driver of the vehicle who hit my nephew had a car full of friends. My nephews car sustained the most damage and is totalled. The vehicle he hit had minor damage to the bumper and the vehicle who hit him had some damage to the front quarter panel.

The problem is that the driver who rear-ended my nephew is claiming that my nephew cut him off and he had to swerve to avoid hitting him and this is what he told his insurance company. My nephew states that he did not change lanes or cut anyone off, he was just hit from behind. I know at this point it comes down to "He Said/He Said" but how would fault be determined? There were witnesses but they only heard the crash and didn't see what caused it. The driver of the car that rearended my nephew was in an accident a few months ago (per a statement she gave to the police) so it's possible that he's trying to minimize his fault due to that.

Will the insurance company for the car who rear ended my nephew just take what their insured claims as the truth and assign fault to my nephew? We are not getting anywhere with either insurance company so it's frustrating.

I know that nobody has a magic ball that will tell us who fault will be assigned to, but if they do wind up faulting my nephew, his liability coverage should take care of the vehicles, right?

Anybody have any experience with situations like this that might give us some insight as to how fault was determined? With 2 completely different stories as to how the accident happened, I'm sure it's going to be difficult.

Thanks in advance.

 

[Zigner]

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

My nephew was driving home from work a week ago. He turned onto a busy street and got in behind a suburban which he stayed behind for approximately 1.5 miles. They were at a light and just started to move when he was rear-ended and pushed into the vehicle in front of him and that vehicle pushed into the vehicle in front of him. My nephew has insurance, no collision, but liability. The driver of the vehicle who hit my nephew had a car full of friends. My nephews car sustained the most damage and is totalled. The vehicle he hit had minor damage to the bumper and the vehicle who hit him had some damage to the front quarter panel.

The problem is that the driver who rear-ended my nephew is claiming that my nephew cut him off and he had to swerve to avoid hitting him and this is what he told his insurance company. My nephew states that he did not change lanes or cut anyone off, he was just hit from behind. I know at this point it comes down to "He Said/He Said" but how would fault be determined? There were witnesses but they only heard the crash and didn't see what caused it. The driver of the car that rearended my nephew was in an accident a few months ago (per a statement she gave to the police) so it's possible that he's trying to minimize his fault due to that.

Will the insurance company for the car who rear ended my nephew just take what their insured claims as the truth and assign fault to my nephew? We are not getting anywhere with either insurance company so it's frustrating.

I know that nobody has a magic ball that will tell us who fault will be assigned to, but if they do wind up faulting my nephew, his liability coverage should take care of the vehicles, right?

Anybody have any experience with situations like this that might give us some insight as to how fault was determined? With 2 completely different stories as to how the accident happened, I'm sure it's going to be difficult.

Thanks in advance.

Your description of the damage makes it sound like your nephew isn't being completely truthful. How would there be damage to the front quarter panel (only) of the vehicle that hit your nephew if it was a rear-end accident? It does sound like your nephew moved over in to the other vehicle.

 

[AngelinaD13]

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

My nephew was driving home from work a week ago. He turned onto a busy street and got in behind a suburban which he stayed behind for approximately 1.5 miles. They were at a light and just started to move when he was rear-ended and pushed into the vehicle in front of him and that vehicle pushed into the vehicle in front of him. My nephew has insurance, no collision, but liability. The driver of the vehicle who hit my nephew had a car full of friends. My nephews car sustained the most damage and is totalled. The vehicle he hit had minor damage to the bumper and the vehicle who hit him had some damage to the front quarter panel.

The problem is that the driver who rear-ended my nephew is claiming that my nephew cut him off and he had to swerve to avoid hitting him and this is what he told his insurance company. My nephew states that he did not change lanes or cut anyone off, he was just hit from behind. I know at this point it comes down to "He Said/He Said" but how would fault be determined? There were witnesses but they only heard the crash and didn't see what caused it. The driver of the car that rearended my nephew was in an accident a few months ago (per a statement she gave to the police) so it's possible that he's trying to minimize his fault due to that.

Will the insurance company for the car who rear ended my nephew just take what their insured claims as the truth and assign fault to my nephew? We are not getting anywhere with either insurance company so it's frustrating.

I know that nobody has a magic ball that will tell us who fault will be assigned to, but if they do wind up faulting my nephew, his liability coverage should take care of the vehicles, right?

Anybody have any experience with situations like this that might give us some insight as to how fault was determined? With 2 completely different stories as to how the accident happened, I'm sure it's going to be difficult.

Thanks in advance.

What did the police report say as to whos fault it was... normally the police have to hear all the sides to the accident and determine who was at fault... The insurance company is going to take their time and not give out as much or any information until they can determine what happened as well.. you need to make sure that your nephew is being honest.. and if he cut them off, okay deal with that, but the truth needs to come out...if he says he didnt hit them and you believe him 100% then let your insurance work it out and fit it if needed. you can dispute the claim if its going against your nephew...

 

[Zigner]

What did the police report say as to whos fault it was... normally the police have to hear all the sides to the accident and determine who was at fault... The insurance company is going to take their time and not give out as much or any information until they can determine what happened as well.. you need to make sure that your nephew is being honest.. and if he cut them off, okay deal with that, but the truth needs to come out...if he says he didnt hit them and you believe him 100% then let your insurance work it out and fit it if needed. you can dispute the claim if its going against your nephew...

1) The police report isn't going to assign "fault"
2) The police report isn't admissible, nor is it binding on the insurance company(ies).
3) The OP has no place at all to dispute anything.

 

[Silverplum]

1) The police report isn't going to assign "fault"
2) The police report isn't admissible, nor is it binding on the insurance company(ies).
3) The OP has no place at all to dispute anything.

Oh, yay: another one.

(sigh...)

 

[AngelinaD13]

1) The police report isn't going to assign "fault"
2) The police report isn't admissible, nor is it binding on the insurance company(ies).
3) The OP has no place at all to dispute anything.

The reason i ask is because i was in an accident very similar to this a few months back.... The woman smashed the back of my car while i was stopped at a red light... So i did NOTHING wrong... the police ruled that it was her fault (which was listed on the accident report) and even when i did my insurance claim the woman who hit me (and she knew **** hit me) tried to switch her story and say it was my fault... the insurance company is going to look at the facts at hand.. whats listed on the police report, eyewitness statements (if any) and the degree of the accident/if the stories add up and justify the damage done..

 

[Zigner]

The reason i ask is because i was in an accident very similar to this a few months back.... The woman smashed the back of my car while i was stopped at a red light... So i did NOTHING wrong... the police ruled that it was her fault (which was listed on the accident report) and even when i did my insurance claim the woman who hit me (and she knew **** hit me) tried to switch her story and say it was my fault... the insurance company is going to look at the facts at hand.. whats listed on the police report, eyewitness statements (if any) and the degree of the accident/if the stories add up and justify the damage done..

This OP is in California. You are in Florida. The police are not going to assign fault in this matter.

 

[barfbag388]

What did the police report say as to whos fault it was... normally the police have to hear all the sides to the accident and determine who was at fault... The insurance company is going to take their time and not give out as much or any information until they can determine what happened as well.. you need to make sure that your nephew is being honest.. and if he cut them off, okay deal with that, but the truth needs to come out...if he says he didnt hit them and you believe him 100% then let your insurance work it out and fit it if needed. you can dispute the claim if its going against your nephew...

The police don't do a "report" unless there were injuries. They simply take statements and have an "event". We don't have copies of the "Event", but I suppose we can get them. I don't know what information will be in there.

As for how someone has damage to his right quarter panel, he swerved to the left to avoid hitting my nephew, but struck him anyway in the left rear as he was swerving left. I believe my nephew's version of the accident. He's been driving 6 years without an accident or ticket of any sort while the other driver has been licensed only a few months and already has at least one other accident on his record.

If fault is assigned to my nephew, and we want to dispute the claim, how does one go about that?

 

[Zigner]

The police don't do a "report" unless there were injuries. They simply take statements and have an "event". We don't have copies of the "Event", but I suppose we can get them. I don't know what information will be in there.

As for how someone has damage to his right quarter panel, he swerved to the right to avoid hitting my nephew, but struck him anyway in the left rear as he was swerving left. I believe my nephew's version of the accident. He's been driving 6 years without an accident or ticket of any sort while the other driver has been licensed only a few months and already has at least one other accident on his record.

If fault is assigned to my nephew, and we want to dispute the claim, how does one go about that?

I have to ask, how are you involved at all? This is up to your nephew. Your nephew's insurance will defend.

 

[barfbag388]

I have to ask, how are you involved at all? This is up to your nephew. Your nephew's insurance will defend.

Just trying to get information for his mom. He has a difficult time with things like this due to a disability. His insurance company doesn't seem to want to do anything.

Thanks anyway.

 

[Zigner]

Just trying to get information for his mom. He has a difficult time with things like this due to a disability. His insurance company doesn't seem to want to do anything.

Thanks anyway.

I'm not sure what you mean when you say they don't want to do anything - please explain why you say that.

 

[Just Blue]

Just trying to get information for his mom. He has a difficult time with things like this due to a disability. His insurance company doesn't seem to want to do anything.

Thanks anyway.

With all do respect and understanding...If he is not able to deal with his own insurance issues perhaps he should not drive.

 

[Zigner]

With all do respect and understanding...If he is not able to deal with his own insurance issues perhaps he should not drive.

I hear ya - but I do sympathize with the OP. My wife has no disability, but would likely be lost trying to deal with an insurance company...and she's one of the safest drivers I know

 

[latigo]

The reason i ask is because i was in an accident very similar to this a few months back.... The woman smashed the back of my car while i was stopped at a red light... So i did NOTHING wrong... the police ruled that it was her fault (which was listed on the accident report) and even when i did my insurance claim the woman who hit me (and she knew **** hit me) tried to switch her story and say it was my fault... the insurance company is going to look at the facts at hand.. whats listed on the police report, eyewitness statements (if any) and the degree of the accident/if the stories add up and justify the damage done..

Angelina:

Where you appear to be confused about the significance of a police investigation and written report of a vehicle accident is your failure to understand that such an incident can involve both a violation of a traffic regulation (criminal law) and the commission of a tort (civil law).

The investigating officer certainly has the authority to assign fault from the standpoint of applicable traffic laws and so charge a participant by issuing a traffic citation. But that officer conclusions as to which driver(s) negligence caused the accident is not admissible evidence in a civil court to prove or disprove negligence. His report is inadmissible hearsay.

If a civil lawsuit does ensue the officer would be permitted to testify as to his observations gained in the investigation and any admissions against interest (confession) by any of the drivers, but the question of who was at fault or whose negligence resulted in the collision is a question exclusively reserved for the trier of the facts in the civil case; either a judge or a jury.

As a practical matter any insurance company that stands to be exposed due to the accident will examine the report in arriving at their determination of whether their insured is or is not civilly liable. But again their finding are not legally binding.

 

[barfbag388]

With all do respect and understanding...If he is not able to deal with his own insurance issues perhaps he should not drive.

I'm not sure if you were trying to be offensive, but I will give you the benefit of the doubt. I know many perfectly ABLE BODIED people who shouldn't drive. My nephew has a learning disability and a hearing loss. He is capable of working (and holds down 2 jobs) but with his learning disability, he often has trouble comprehending complicated things. He's an excellent driver, nonetheless, and his disability doesn't impair him in that regard.