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May 20, 04
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Who is at fault?
I was on the queensborough last week driving to work (in the company truck) , and was rear ended by a guy in a late 80's caravan.
I was in the right lane, traffic slowed, so i moved into the left lane. The person in front of me slammed on their breaks and i was able to stop about a foot shy of his bumper. The guy in the caravan behind me wasn't so lucky. He hit the back of the truck , damaging his bumper. There was no damage to the truck. I got out to look at the damage , and the guy was swearing at me. I just laughed it off and asked him for his info. After about 10 minutes we were both on our way. I was under the impression that the person who crashed would be at fault, and it would be assumed that the person was following too close (i stopped my truck in time, why couldnt he stop his little minivan?) Today I found out he is filing a claim. Should i be worried , or is this guy a fool? 
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May 20, 04
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^^^^Beat me to it.
I tried to describe that entire situation without using "i was hit from behind" or "rear ended" I do have a witness, the guy i was working with , and if need be, the cameras that record the traffic on the bridge. But there wasn't too much to witness. I had to stop abruptly, and he didnt leave sufficient room to stop in that case.
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May 20, 04
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his fault
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May 20, 04
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A couple of friends of mine were in similar situations but in there case they were the ones who rear ended another vehicle. They were both held 100% responsible and were informed that no matter what; if you rear end another vehicle you wil always be 100% at fault. In your case, if I were you, I wouldnt give it a second thought.
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May 20, 04
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how's you neck ;)
Time to get a "good" doctor OK
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May 20, 04
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Quote:
were you directly behind the vehicle in front of you, or still in the process of changing lanes?
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May 20, 04
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there was one time, a guy was at a stop sign, a truck behind him, and a cop car behind him. The guy at the stop sign backed up into the truck.
The only way he got away with it, was the cop was a witness, or it would of been the trucks fault for rear ending. no kidding. it's his fault.
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May 20, 04
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Yeah I agree, as long as it wasn't like you cut the other driver off, then it SHOULD! be 100% their fault....... However, this is ICBC were talking about right. I've had family members in similar situations where they have been rear ended with no witnesses and a the other driver was a stubborn ass. In cases like these, ICBC likes to puss out try to split the fault 50/50, or close to that. You need to be persistant (sp?)
... good luck to you! The thing with car accidents.... no matter who's at fault, no one wins. Its always a pain in the ass for both sides, and most likely ends up costing both parties directly or indirecty no matter what the outcome is.
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May 20, 04
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Quote:
they pretty much arbitraily say that all accidents in circumstances like yours(rear enders) are 100 percent the fault of the person who hits the other
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May 21, 04
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So i got a call today from ICBC. The guy is claiming that i cut him off, and they are trying to pin 100% blame on me. There were no witnesses. So they said i had no way of proving my story. I informed them that he had no way of proving his. I blew up. Saw red. Swore alot. And now the ladies manager is going to call me.
I Am 100% sure that i did not cut him off. He was driving too fast and following too close. Regardless of the outcome, It was a company truck and I am not liable. And Friday is my last day, so i wont even have to deal with the evil stares from the accounting department. "luba" from ICBC just called me , and because i admitted that i had changed lanes, the fault falls on me. The guy said that the impact came "2 seconds" after my lane change. I CALL BULLSHIT!!!!!!!!! And io told her so, she gave me some crap about "pursuing it further" , and even though i Know I am right , it won't cost me any coin, so I'm going to let my company buy him a new bumper (for a dint the size of a quarter) . I asked them why his word more credible than mine, and they told me it wasn't , but i had admitted to making a lane change. Then i asked her if she ever changes lanes.....she said "yes".....and i said "you shouldn't because if you get rear ended after you change a lane it's your fault." She didnt think i was too funny. The work truck is a 1 ton. Its not a sports car that darts in and out of trafic. I check my mirrors more times than is nescesary before I do anything, especially making lane changes in rushhour traffic. I did NOT cut him off. If this was my car and the money was coming out of my pocket i would fight it to the end. But its not, so merry christmas asshole in a shitty minivan......you got a new front clip. It's going to look terrible with your dent/rust motif.
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