Can I Prove Fault in this Accident?

hobbez

New Member
2
So I was in an accident today. In very snowy/icy conditions, I was going 30 (in a 45/55 MPH zone) on a one-lane highway, generally driving very very cautiously because my 2000 Jeep Wrangler is garbage in the snow. Anyway, I begin a small slide into oncoming traffic. I break and re correct back into the other lane. I slow significantly, and as a result I am rear ended by the man behind me.

No tickets were issued. The cop was kind of like "Awww shucks in these bad conditions it wasn't anyones fault." He felt he couldn't justify writing the man that hit me a ticket. I'm worried now that I didn't fight hard enough for him to do that.

I took my Jeep in for a quote and they said it would cost ~4000 to replace the windshield/rear hatch that was damaged! I only have minimum coverage so unless the other driver is found to be at fault, I am paying out of pocket. I am really nervous right now, that is a ton of money for me.

Is this a situation in which the other driver would usually be found to be at fault? If he rear ended me he was clearly following too close, right? Is there anything I can do to help my case?

I really really appreciate any input. I've never filed a claim so I am new to this process.
 
Just because he didn't get a ticket doesn't mean he wasn't at fault.

Did the cop write out an accident report, was information exchanged?
 
Yes and yes. I have already put in a claim to my and his insurance company stating basically what is said above.

The cop has a report saying all that too.

I feel as though I should have a good chance. I mean if he was at a reasonable distance, he would have been able to stop.
 
If he hit you in the rear he is at fault.
 
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If he hit you in the rear he is at fault.

This is generally true. Insurance companies do their own assessments of an accident though, and traffic citations, issued or not, can have little to do with their decisions.

Hope and pray that the other driver's insurance accepts liability and agrees to pay for your repairs.

Be prepared that they may not do this. Your only option there is to turn it into your insurance and let them fight it out for you. You will have to pay your collision deductible and hope you get reimbursed later.

Good luck!
 
This is generally true. Insurance companies do their own assessments of an accident though, and traffic citations, issued or not, can have little to do with their decisions.

Hope and pray that the other driver's insurance accepts liability and agrees to pay for your repairs.

Be prepared that they may not do this. Your only option there is to turn it into your insurance and let them fight it out for you. You will have to pay your collision deductible and hope you get reimbursed later.

Good luck!

I do not think that the OP has collision coverage. If that is the case and the claim is denied his other option is small claims court?????? Sounds like his Jeep is pretty close to totaled.
 
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I thought I saw mention of OP turning in a claim to "my insurance"? I'm sorry if I misread that or misunderstood the suggestion that OP had collision coverage. Doing this on a phone isn't the easiest.

Small claims would be the only route if there's a denial of liability. I bet that filing ultimately costs more than the collision coverage their agent should have insisted on providing. I see it every day. It's never pleasant and it can take a while to get an answer from an at-fault party's insurance.

A $4K repair bill does suggest pretty extensive damage to a 2000 Jeep. They're really not all that expensive to fix unless it's sitting on a rusted out frame that can't be pulled. I have seen that a few times. Oh my.
 
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