Wednesday, September 14, 2011

No break lights - how to prove/claim?

A week ago, I rear-ended a car in heavy stop-go traffic while executing a lane change. I looked over my left shoulder to verify room, but when I looked back at the car in front of me, she was fully stopped and must have been for several seconds since I came up on her so quickly in the amount of time it took me to check the other lane. Bam. I played it over and over again in my mind, and I honestly don't think her break lights were working. In fact, I only saw her left tail light. Of course, I realized this well after we'd done the cop/insurance thing, and her rear bumper/trunk was accordion-ed. I'm sure none of those lights work now.



We both have the same insurance company. Is it too late or pointless to say anything to anyone about my realization?No break lights - how to prove/claim?
I know where the answers are coming from, in most states when you rear end someone, 99% of the time you will be found at fault. But that is not 100% of the time. You have a snow balls chance in hell but I handled a claim where my insured rear ended a friend. The insured got out of the car and stated the front vehicle's brake lights were not on. The lights were not broken. Both drivers checked at the scene and sure enough the lights were not coming on. The front driver even told me this in her recorded statement. The front driver has failed to maintain proper maintanence of her vehicle, and in Virginia (contributory negligence state) was denied her damages because she contributed to the cause of the accident. Now, there are only a few contributory states out there, most are some type of comparitive negligence. If you live in a comparitive state which focuses around denying claims if negligence is around or above 50%, there are several variations, the adjusters would find you mostly at fault for the loss since you rear ended the vehicle. If and only if she would have admitted something at the scene or to the adjusters would there be a chance to find some negligence on the other driver.No break lights - how to prove/claim?
Most all state,s have the rear end law you hit some one in the rear you have bought the farm no excuses.No break lights - how to prove/claim?
There is a test that can verify the the brake lights where on or not. I am not sure but if the brake lights where on the filament would be broken. Normally these test wouldn't be done unless a death had occurredNo break lights - how to prove/claim?
It`s easily done, and there but for the grace of God go I. If you collided with the rear of another vehicle, then you`re at fault, no question, and the issue of her brake lights is irrelevant. Even if you had mentioned it at the time, it would have made no difference, so I think it`s pointless to bring it up now.

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