Thateguhate

Main thing is you are alright for the most part, Damages can always be fixed to cars. I think it would be safe to say that they will do everything possible to hit you with the damage to the accord. Just looking at this from my own personal experience plus a few relatives mishaps that costed them. I've always liked Image Autobody in SSF but you might just want to find something closer to you than that. Goodluck with everything, Hope it all works out.

TougeHorseman

I'm still surprised to hear people's opinions that the law would not protect me from being "at fault" for being punted forward into another car, considering I was stopped, in my lane, in stop-and-go traffic. I do however understand that the insurance company of the person who hit me would attempt to push the liability onto anyone but themselves but at a certain point it has to be within the law. Does anyone have a resource aside from a vastly generic link that would reference the specific scenario I am involved in?

mr5parkle

i've heard that argument before about being too close to the car in front and hitting them as a result of getting rammed in the butt, and i actually agreed with it at first but after some thought, i'm conflicted with that argument for a few reasons:
1. What if you were far enough but you were neutral w/o foot on brake and collision vaulted you forward and you didn't have the time to react accordingly?
2. Even if your foot was on the brake, what if it wasn't firmly on enough to stop the energy from the impact moving you forward?
3. This doesn't apply to the OP's case, but what if everyone was performing an emergency brake, and you reacted correctly and braked resulting in a small gap with you and the person in front, but the idiot behind you didn't do the same resulting in the same chain reaction?

in any case, hope the insurance situation works out for you OP. and i recommend active auto body like others here.

TougeHorseman

I hope someone can find a law about this that would clear it up

rrounds

I've had it go both ways for me. Once, I was r/e and I had to pay for the car I was pushed into, the next time I was the first car of five and the bitch that hit me paid for all five cars(she was doing 63 in a 35) She hit me while I was stopped at the end of the line of cars so a mother with 4 month old twins could walk across the street at a cross walk. She didn't even hit her breaks. How I lived through that, well I guess it just wasn't my turn to die that day.

Save some of that money for a "track hood".

ROD

TougeHorseman

Hey rod what where the circumstances and the justification for you being at fault for a car you were pushed into?

Youmna

Definitely, definitely get the car inspected. I was rear-ended in a similar situation last year: stop-and-go traffic, I was stopped, guy decided to go (he was on his phone). He hit me at low speed, and seemingly just put some scratches and a dent in the rear bumper cover. It turned out to be $1200 worth of damage, between replacing the bumper (which had cracked) and the bumper cover, as well as paint-matching the cover. My insurance (AAA) talked to his insurance (Allstate) and our respective agents took care of everything; my rates didn't go up, and Allstate covered 100% of the damages. Because the other driver was 100% at fault, I didn't even pay my deductible.

FWIW, I took the car to Michael J's on Taylor St. (at Coleman Ave.), on the recommendation of a few people. I had a very good experience with them, between their communication, expertise, and quality of work, so I definitely recommend them if they're convenient to you.

Also: do you have your receipts for the aftermarket stuff? Car insurance covers everything bolted into the car, either OEM or aftermarket, but your agent or the lady's agent might ask you for them. Ask your agent about whether the GoPro stuff will be covered; if not, it would be under renter's insurance. (Yours or hers? I don't know.)

This sucks. Good luck!

rob-2

Well that's great. Just wait until they pay for things. I had my own insurance tell me I wasn't at fault when I CLEARLY told them I backed into someone. I was handed off to someone else, repeated the story as "Was backing up and hit a lady whom was in the parking lot" to which I was told "You're not at fault if she hit your rear end". I repeated, I hit her, she was still yada yada yada. After the car gets into the shop they call me to tell me they reviewed the notes and I was at fault. I told them I expected as much. She apologized and told me there was multiple criteria to fault and they contacted x insurance company to confirm stories.

If there's a change in story it will happen after they collect all the drivers statements and/or consult all insurance parties. If you don't have collision it might play against you so watch out.

i've heard that argument before about being too close to the car in front and hitting them as a result of getting rammed in the butt, and i actually agreed with it at first but after some thought, i'm conflicted with that argument for a few reasons:
1. What if you were far enough but you were neutral w/o foot on brake and collision vaulted you forward and you didn't have the time to react accordingly?
2. Even if your foot was on the brake, what if it wasn't firmly on enough to stop the energy from the impact moving you forward?
3. This doesn't apply to the OP's case, but what if everyone was performing an emergency brake, and you reacted correctly and braked resulting in a small gap with you and the person in front, but the idiot behind you didn't do the same resulting in the same chain reaction?

in any case, hope the insurance situation works out for you OP. and i recommend active auto body like others here.
[/quote]

I'm not saying it makes sense, I'm just saying that's often how 'responsibility' is determined. Because the car behind you 'hit you' and your car 'hit the person in front of you'. So by simple fault, the car that rear ended you didn't actually 'hit' the person in front of you. I don't happen to agree with how that works but that is often the case.

I suspect the main factor here was her speed. Thankfully you made it out alive.

TougeHorseman

I fortunately do have receipts for anything I've purchased from an online store or dealerships.

danvuquoc

What you're wanting to look up right now is comparative liability. California and many other states say that if you are in an accident and the other driver was at fault, they can also prove (the insurance adjuster along with a police report) that you were partially at fault too. If it goes to court -- a judge or jury will decide the liability of each driver involved.

There are a number of factors that can apply to you as the driver being hit:

- Illegal turns
- Failure to signal
- Failure to maintain safe following distance
- Failure to pay attention
- Failure to yield right of way
- Speed
- Vehicle defect

If any of those factors, and in this situation it would likely be failure to maintain safe following distance, the adjuster will find you partially at fault. This could end up badly for you because you have liability only. The only person likely not getting screwed is the person you hit.

Also you don't need receipts for the adjuster -- you can provide fair market value quotes. Just print out going prices for parts.