Please Don't Drink and Drive
#18
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Damn! Glad no one was killed. I'm surprised the drunk in the Tercel survived the head-on. Those things are ****boxes.
Was this in Miami? I just moved down from Orlando and I dropped my uninsured bodily injury coverage because it went up $100 or something for 6 months. I guess now I know why and I'd better reconsider...
You can still claim the $10,000 no fault PIP but it looks like the property damage will be on your own insurance.
Was this in Miami? I just moved down from Orlando and I dropped my uninsured bodily injury coverage because it went up $100 or something for 6 months. I guess now I know why and I'd better reconsider...
![Frown](https://www.clublexus.com/forums/images/smilies/frown.gif)
![Frown](https://www.clublexus.com/forums/images/smilies/frown.gif)
#21
Racer
iTrader: (2)
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Very sorry to see this, but glad you're OK.
Maybe you or someone else who's been in a situation like this can chime in on this question. I'm wondering if you're going to be "at fault" for hitting your friend's car from behind. Now, logic and all things reasonable would say "Of course not, there was a drunk driver and I slammed on the brakes but there wasn't enough time". And personally, I would agree with that.
But I've heard and read that pretty much no matter what, if you rear-end someone, that aspect of the damage is your fault. The reasoning is that no matter what happens to the person in front of you, you should be traveling at a distance far enough back that you can safely stop.
I've never been in an accident that's tested this, so I don't know, but I'm sure others have. So will the rear-ending of the friend's car be technically the OP's "fault" according to the insurance company?
Maybe you or someone else who's been in a situation like this can chime in on this question. I'm wondering if you're going to be "at fault" for hitting your friend's car from behind. Now, logic and all things reasonable would say "Of course not, there was a drunk driver and I slammed on the brakes but there wasn't enough time". And personally, I would agree with that.
But I've heard and read that pretty much no matter what, if you rear-end someone, that aspect of the damage is your fault. The reasoning is that no matter what happens to the person in front of you, you should be traveling at a distance far enough back that you can safely stop.
I've never been in an accident that's tested this, so I don't know, but I'm sure others have. So will the rear-ending of the friend's car be technically the OP's "fault" according to the insurance company?
#22
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Problem is here that even if you take the illegal to court to sue for damages, what could he possibly have that is worth of value? Unless he has a family landscaping company in his name, then you can get something.
I hate to see this...but you should seek advice from a lawyer if you have not already.
I hate to see this...but you should seek advice from a lawyer if you have not already.
#23
Lexus Fanatic
iTrader: (1)
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Glad everyone walked away with only minor injuries! It definitely could have been a lot worse, and drunk drivers FTL
I hope that guy gets locked up for a bit.
If they can prove that you rear ended the other person because you were not keeping enough of a distance, then yes they can. For example, if you are in the middle of 2 cars, and you get rear ended and get pushed into the car in front of you, its usually your fault. Even though you got rear ended, if you didn't keep enough of a distance to avoid hitting the car in front of you, its on you. But this also depends on how fast you get hit, if the guy behind you is going 60mph when he rear ends you at a dead stop, insurance isn't going to expect you to not hit the car in front of you - and in those cases you shouldn't be at fault for hitting the car in front of you.
In this case, i would think OP would not be at fault. Looks like the Mazda was in a head on collision, so the car would have stopped all of a sudden (And possibly even pushed backwards)...giving OP not much time to react and slow down even if he was keeping a distance.
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Very sorry to see this, but glad you're OK.
But I've heard and read that pretty much no matter what, if you rear-end someone, that aspect of the damage is your fault. The reasoning is that no matter what happens to the person in front of you, you should be traveling at a distance far enough back that you can safely stop.
I've never been in an accident that's tested this, so I don't know, but I'm sure others have. So will the rear-ending of the friend's car be technically the OP's "fault" according to the insurance company?
But I've heard and read that pretty much no matter what, if you rear-end someone, that aspect of the damage is your fault. The reasoning is that no matter what happens to the person in front of you, you should be traveling at a distance far enough back that you can safely stop.
I've never been in an accident that's tested this, so I don't know, but I'm sure others have. So will the rear-ending of the friend's car be technically the OP's "fault" according to the insurance company?
In this case, i would think OP would not be at fault. Looks like the Mazda was in a head on collision, so the car would have stopped all of a sudden (And possibly even pushed backwards)...giving OP not much time to react and slow down even if he was keeping a distance.
#24
Lexus Fanatic
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Good question, we know if you rear end someone its always your fault, but this is a case of a headon and the car infront coming to dead stop in a heartbeat... regardless i get the feeling OP's insurance will have to pay for his own car.
#25
Lexus Champion
iTrader: (38)
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Glad to hear that you were able to walk away from the accident with only minor injuries. Like other members have said, cars can be easily replaced, the life of a person can't be replaced.
The person would be deported but probably end up sneaking back into the country again. Which is just terrible.
Hope everything works out for you. This being the holiday season, let's all celebrate but don't drink and drive.
The person would be deported but probably end up sneaking back into the country again. Which is just terrible.
Hope everything works out for you. This being the holiday season, let's all celebrate but don't drink and drive.
#28
Driver School Candidate
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Damn! Glad no one was killed. I'm surprised the drunk in the Tercel survived the head-on. Those things are ****boxes.
Was this in Miami? I just moved down from Orlando and I dropped my uninsured bodily injury coverage because it went up $100 or something for 6 months. I guess now I know why and I'd better reconsider...
You can still claim the $10,000 no fault PIP but it looks like the property damage will be on your own insurance. ![Frown](https://www.clublexus.com/forums/images/smilies/frown.gif)
Was this in Miami? I just moved down from Orlando and I dropped my uninsured bodily injury coverage because it went up $100 or something for 6 months. I guess now I know why and I'd better reconsider...
![Frown](https://www.clublexus.com/forums/images/smilies/frown.gif)
![Frown](https://www.clublexus.com/forums/images/smilies/frown.gif)
Glad everyone walked away with only minor injuries! It definitely could have been a lot worse, and drunk drivers FTL
I hope that guy gets locked up for a bit.
If they can prove that you rear ended the other person because you were not keeping enough of a distance, then yes they can. For example, if you are in the middle of 2 cars, and you get rear ended and get pushed into the car in front of you, its usually your fault. Even though you got rear ended, if you didn't keep enough of a distance to avoid hitting the car in front of you, its on you. But this also depends on how fast you get hit, if the guy behind you is going 60mph when he rear ends you at a dead stop, insurance isn't going to expect you to not hit the car in front of you - and in those cases you shouldn't be at fault for hitting the car in front of you.
In this case, i would think OP would not be at fault. Looks like the Mazda was in a head on collision, so the car would have stopped all of a sudden (And possibly even pushed backwards)...giving OP not much time to react and slow down even if he was keeping a distance.
![Thumb Down](https://www.clublexus.com/forums/images/smilies/thumbsdown.gif)
If they can prove that you rear ended the other person because you were not keeping enough of a distance, then yes they can. For example, if you are in the middle of 2 cars, and you get rear ended and get pushed into the car in front of you, its usually your fault. Even though you got rear ended, if you didn't keep enough of a distance to avoid hitting the car in front of you, its on you. But this also depends on how fast you get hit, if the guy behind you is going 60mph when he rear ends you at a dead stop, insurance isn't going to expect you to not hit the car in front of you - and in those cases you shouldn't be at fault for hitting the car in front of you.
In this case, i would think OP would not be at fault. Looks like the Mazda was in a head on collision, so the car would have stopped all of a sudden (And possibly even pushed backwards)...giving OP not much time to react and slow down even if he was keeping a distance.
The driver of the Tercel was given a breathalyzer, I believe his alcohol level was .242. Then was arrested. I haven't heard anything about him so far. The officer at the scene told me he was completely drunk and will be deported back to Mexico. He's probably sitting in jail right now.
#29
Pole Position
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Very sorry to hear about this. Illegal or not, the dude was worthless for getting behind the wheel in an intoxicated state. I hear about/see this happen way too often (douchebags driving drunk), and it's sad that they are ruining others' lives by idiotic decision-making on their part. OK - I'll get off my soapbox now, but be thankful this Holiday Season, as anytime you can walk away from an accident (especially one which you've personally come face-to-face with an airbag or 2), it's a win on your part. Hell, it's not just a win, it's like throwing a perfect game!
Happy holidays to all, and be safe out there!
Happy holidays to all, and be safe out there!
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#30
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I was in an accident a while back in which I was heading down the road heading to work in the morning. It had just rained overnight so the streets were still wet. I'm getting close to the next light (out about maybe 200 yards or so) and there's a car sitting at the light on both lanes. As expected, I start slowing down as I get closer to the light. Out at about 100 yards or so, the light turns green. I am on the outside lane. As the light turns green, I see the car on the inside lane move on and cross the street. The car on the outside lane is still at a dead stop. I am still rolling maybe doing 15 or 18 mph or so. As I get closer to the intersection (about 75 yards or so) , I keep thinking "move on lady. Didn't you see the light turn green or the car next to you move?". As I get even closer (50 yards or so), I'm thinking HELLO!!!..... By the time I realize this car aint moving and I hit the breaks, it's too late. With a wet street, my SUV skids right into her backend.
Cop said it's my fault. I tell him, this car is at a dead stop at an intersection with a green light. He says, the car could have been having problems. I said, I did not see any flashers blinking to indicate car having issues. He said could have been a dead battery. I said, I did not see an open hood to indicate car having issues. He said, it does not matter. A rear end hit is an automatic failure to control speed. I stopped arguing at that point. May as well suck it up and move on with the day.
Just sharing MY experience... :-)
Glad you came out if that accident ok.
Cop said it's my fault. I tell him, this car is at a dead stop at an intersection with a green light. He says, the car could have been having problems. I said, I did not see any flashers blinking to indicate car having issues. He said could have been a dead battery. I said, I did not see an open hood to indicate car having issues. He said, it does not matter. A rear end hit is an automatic failure to control speed. I stopped arguing at that point. May as well suck it up and move on with the day.
Just sharing MY experience... :-)
Glad you came out if that accident ok.