Insurance claim advice needed

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Originally Posted by slammp

I'm going to disagree here and say they are going to pin you with the at fault since he would not have crashed if you did not spin in front of him. I had a similar accident several years back where a woman spun in front of me and there was nothing I could do but brace for impact. She was deemed at fault.

Obviously I was not there with you yesterday, but I would think they will say the accident only took place because you lost control of your vehicle.

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This. Would the other driver had hit you if you didn't spin out ?


What if you were the other driver and had a guy infront of you spun out ? Then you hitting his rear passenger side? then having that guy come on a forum questioning as to whether you should be 100% liable for all the damages you initiated ?

Was he following too closely? Could this have been avoided ?

I would say you are at fault. your inability to control your vehicle ultimately caused the Accident. Its unreasonable to say the other driver did not have control of his vehicle when you could not keep you car going forward on a 3 lane highway.

You will most likely Get 50/50 Because of the weather.

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Originally Posted by BLACK SQUIRREL

I would say you are at fault. your inability to control your vehicle ultimately caused the Accident. Its unreasonable to say the other driver did not have control of his vehicle when you could not keep you car going forward on a 3 lane highway.

You will most likely Get 50/50 Because of the weather.

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If his spin out stayed in his lane and did not cross into another lane, then the driver behind him is at fault for not following at a safe enough distance to allow him to stop.

If he spun into another lane and a car hit him there, that would be another story.

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Originally Posted by ceo and a bunch of numbers

If his spin out stayed in his lane and did not cross into another lane, then the driver behind him is at fault for not following at a safe enough distance to allow him to stop.

If he spun into another lane and a car hit him there, that would be another story.

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So if your going up 93 in the left lane and lock up your brakes and come to a dead stop Its the other guys fault?

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Originally Posted by BLACK SQUIRREL

So if your going up 93 in the left lane and lock up your brakes and come to a dead stop Its the other guys fault?

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Yes, exactly.

Well, I was in the left lane and he was traveling in the right lane. I hit some slush and spun into the shoulder with the slightest amount of my back end hanging out.

I'm not trying to screw the guy over. I am just trying to figure out the best way to compensate the guy fairly with the smallest effect on my rates. Technically, his car is totaled. His body guy quoted him $2600 for a fender and some other stuff on a car worth $2000 tops. Obviously, if I went through insurance, they would not cut him a check for $2000. They're going to give him what they feel is fair value.

The car is drivable and there is no bodily injury. I'm trying to make it right by cutting him a check comparable to what insurance would do. That reimburses him fairly with minimal headaches.

I always believed that insurance was carried to cover things that you cannot afford. In this case, I can afford it. Plus, it will help to keep my record clean in the eyes of the insurance companies in the future. Now if I was to have done something like 50k in damages that would have been a different story. I am not one to try to manipulate the system to try to con anything because it just ends up hurting everyone in the long run.

Thanks for the advice all.

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Originally Posted by BLACK SQUIRREL

So if your going up 93 in the left lane and lock up your brakes and come to a dead stop Its the other guys fault?

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Yes. I got into an accident when I was 17 where it was pouring out and there were cruiser lights up ahead. I was in the left lane following two other cars when the car in front simply slammed on his brakes without warning. I tried to stop, but I hit a very large puddle and hydroplaned right into the guy in front of me (it was an '89 Toyota Camry, no ABS and no time to pump the brakes at that point, though I tried). I received 3 or 4 points on my license for the accident since I was found at fault.