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And now it's my turn for an accident...

Discussion in 'Gen 2 Prius Main Forum' started by livelychick, Apr 26, 2007.

  1. livelychick

    livelychick Missin' My Prius

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    Thank heavens no one was hurt; however, my car's back end is pushed in about six inches--the whole back end as I was hit by a Ford Explorer. And here's the rub--in VA, he's listed as being at fault as allegedly all rear end collisions are caused by the car doing the rear-ending.

    HOWEVER, it was actually the car in front of me's fault. Three lane interstate, I was in the center lane, the left lane traffic was going faster, and the right lane traffic was at a stop because of merging on and off an exit. A car in the left lane decided "Oh--I need to cross all lanes of traffic to get off at the exit that everyone's stopped for..." She darted in front of me, then immediately slammed on her brakes because she couldn't merge into the stopped traffic. I had to slam on the brakes to stop from hitting her, which I did, but the Explorer who had pulled out of the stopped traffic to follow me couldn't stop from hitting me, which caused me to bump into her. My airbag didn't deploy, but the Explorer's did.

    I will say again that the stopping power of Prius is amazing. Too bad the Explorer is not as good.

    And too bad I'm temporarily Prius-less. Oh well. Chevy Cavalier, here I come. Blecchh.
     
  2. Wildkow

    Wildkow New Member

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    <div class='quotetop'>QUOTE(livelychick @ Apr 26 2007, 03:08 AM) [snapback]430357[/snapback]</div>
    Sorry to hear of this and may I suggest that you ask for Diminution in Value damages from the insurance company. BTW, as a prior owner, it's "Ford Exploder" not "Ford Explorer" sorry didn't want the "Spelling Nazi" to come down on you. :p

    Wildkow
     
  3. Hobbs

    Hobbs New Member

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    <div class='quotetop'>QUOTE(livelychick @ Apr 26 2007, 10:08 AM) [snapback]430357[/snapback]</div>
    I beg to differ. It is the responsibility of the driver of the car that ran into you to maintain a safe distance. They did not.

    I also think, technically speaking you are responsible for the damage to the vehicle you hit as far as they are concerned. They will claim from you. You can, of course claim this from the person that hit you. A word of warning. The person that hit you may claim that you hit the car in front first (before they hit you) and that they are therefore not ultimately responsible for the damage to the car you hit. If you do have a note of any witnesses it would be prudent to get a statement ASAP.
     
  4. priussoris

    priussoris New Member

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  5. Proco

    Proco Senior Member

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    I'm sorry to hear about your accident, livelychick. I'm glad you're OK.
     
  6. kimgh

    kimgh Member

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    <div class='quotetop'>QUOTE(Hobbs @ Apr 26 2007, 04:49 AM) [snapback]430378[/snapback]</div>
    I don't know about the state this accident occured in, but here in CA, the person that rear-ended would be responsible for damage to ALL the cars hit in the chain reaction. This happened to my wife a few years ago: she was at the front of a line of 4 cars that were rear-ended, causing damage to all 4. The person who rear-ended the 4th car back was held responsible for damage to all the cars. I'd hate to have to pay HER insurance bills for the following 3 years or so...

    But it's true: it doesn't matter what happens in front, the rear-ender is responsible, and exactly for the reason you state.
     
  7. JimboK

    JimboK One owner, low mileage

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    Glad you're OK!

    Who got the ticket? If it results in a conviction, that should carry some weight in determing whose insurance pays.

    Years ago I contributed to a rear-end collision where the driver who got rear-ended got the ticket. I was in high school, hitchhiking to school. A classmate who didn't routinely pick up hitchhikers recognized me and at the last minute stopped abruptly to pick me up. In the process she got rear-ended. She got the ticket.

    Will the car be fixed in time for our meetup on 5/5?? :)
     
  8. galaxee

    galaxee mostly benevolent

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    ouch... glad to hear that you are ok!
     
  9. eclectcmoi

    eclectcmoi Muffinologist

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    So sorry to hear about the accident livelychick. Was your son in the car with you too? Hope it all works out in your favor and REALLY glad to hear you are not hurt!
     
  10. DaveinOlyWA

    DaveinOlyWA 3rd Time was Solariffic!!

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    knowing first hand how it feels to lose your beloved Prius in an accident, i really feel for ya, lively. i was lucky, it only took 23 days to get a replacement. hope your process is smooth and headache free as well
     
  11. livelychick

    livelychick Missin' My Prius

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    <div class='quotetop'>QUOTE(eclectcmoi @ Apr 26 2007, 10:56 AM) [snapback]430485[/snapback]</div>
    Yes he was in the car with me--and what a trooper! He cried for about a minute, and only because it was a shocking loud crashing sound. Then he was fine for the remainder of the evening, which included four hours of transportation/tow truck issues. What a great little guy!

    Thanks for all the warm wishes. And I am driving an Altima instead of the Cavalier...it's got a lot of pep!

    And yes, the guy was charged, I think. I just don't think it's right that the girl who was attempting to cross two lanes of traffic to get to an exit that was far too close (and backed up with traffic) should have been charged with reckless driving. I guess it's about what they can prove...if a cop had actually seen it, she would have absolutely gotten a ticket.

    On some weird level, I think this was some kind of karmic wake-up call. I've been excessively neurotic about work recently, and this really helped me calibrate that...it sounds new-agey to say that, but it's true.

    And no, JimboK, doesn't look like I'll make our meet-up. :( Maybe next time...hell, I'll even help set it up if you need!
     
  12. Tom6850

    Tom6850 Retired

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    Glad nobody was hurt, its much easier to fix the car than the body. That was a case of reckless driving. Do you have witnesses that can help your case and the fellow who rear ended you?
     
  13. livelychick

    livelychick Missin' My Prius

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    One witness stopped and gave me her card, which I gave to the guy who hit me because he's the one being charged.

    Other than that, he (Explorer/Exploder driver) said he didn't see what happened.
     
  14. alexstarfire

    alexstarfire New Member

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    <div class='quotetop'>QUOTE(kimgh @ Apr 26 2007, 10:04 AM) [snapback]430438[/snapback]</div>
    That might sound bad, but the woman that I ended up hitting with my old Isuzu probably pays more than the person you are talking about. She was talking on her cell phone with a kid in the car and ran a red light, in a BRAND NEW SUV. She didn't even have a real license plate yet, she still had the dealer tag on there. I would have yelled at her, but after her car flipped over and everything she was crying her eyes out. Didn't feel right anymore.

    The rear ending laws are weird, because some of the times you really can't do anything about it. Especially when they just pull in front of you. It should be their fault since they impeded traffic.
     
  15. JimboK

    JimboK One owner, low mileage

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    <div class='quotetop'>QUOTE(livelychick @ Apr 26 2007, 12:29 PM) [snapback]430573[/snapback]</div>
    :( :( :( :(

    <div class='quotetop'>QUOTE(livelychick @ Apr 26 2007, 12:29 PM) [snapback]430573[/snapback]</div>
    :) :) :) :)
     
  16. RobertG

    RobertG New Member

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    In 1984 I was in my 1978 Corolla wagon, in the Silicon Valley area headed south on San Tomas Expressway, stopped at a red light. I could see the car in my rearview mirror was not slowing down. That made for some great wrenching of my back at collision time, coupled with thoughts of the complete paint job that was just three months old. He veered to the left to avoid hitting me and instead clipped me squarely on the rear driver's side corner, pushing me forward at an angle and into the rear end of a Jaguar X6. The owner of that Jaguar was very rude to my claims agent and the cost of repairs to both vehicles was the responsibility of the car that plowed into me. Aiding in determination of liability was a remark by the police officer who filled out the accident report:
    • "The driver claimed that the brakes did not work. They were checked and seem to be fine. He may have stepped on the clutch."
     
  17. Hobbs

    Hobbs New Member

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    <div class='quotetop'>QUOTE(kimgh @ Apr 26 2007, 02:04 PM) [snapback]430438[/snapback]</div>
    Yes, but you have to be able to prove that.

    If there are three cars in a collision and B hits A then C hits B, C is not responsible for the damage to B did to A's car.
     
  18. Skwyre7

    Skwyre7 What's the catch?

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    I'm sorry you're temporarily Priusless. I'm also sorry you won't make it next Saturday. See Jim's post for smilies.
     
  19. hycamguy07

    hycamguy07 New Member

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    Hmm,

    Exploder hit you & got a ticket, Police should have preached the golden rule of driving and staying atleast one or more car lengths behind the car infront of you. Driver that cut across 4 lanes of traffic if seen by an LEO would have been charged with reckless driving automatic 4 pts on the ol license.. :mellow:

    Glad to hear your alright.... ;)
     
  20. boulder_bum

    boulder_bum Senior Member

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    Ironically, if you hit the reckless driver in front of you, they probably would have been punished (with higher insurance rates for causing an accident if nothing else).

    That's actually how I ended up with my Prius, actually. I was driving my Subaru to a job interview when someone cut across gridlocked traffic to try to make a U turn. His insurance company agreed that he failed to yield and they covered the bill that became the down payment for the new ride.

    The good news is that I got the job I was on my way to interview for! :lol: