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Had a fender bender. Construction on street.. had a quick stop..

 
Lucy, Esq.'s Avatar
  • Answered by:Lucy, Esq.
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Customer Question

Had a fender bender. Construction on street.. had a quick stop.. women behind ran into me and I hit truck in front of me. Truck had no damage and just wanted to leave. If I report to insurance for getting hit.. then will it be on my record that i hit the person in front of me, even though I hit them because I was hit.

 

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Country relating to Question: United States

Submitted: 281 days and 19 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED
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Expert:  Lucy, Esq. replied 281 days and 19 hours ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.

If you ask your insurance company to pay for the damage to the front of the vehicle, it may show up on your record, if they find that you were partially responsible for hitting the car in front of you. Even though you were pushed, the insurance company will look at the damage to the rear of your vehicle and how fast the other car was going to determine whether you really were pushed, and there's nothing you could have done to avoid the collision, or whether you did not leave enough space between you and the car in front of you. If the car in front of you is not there to refute what you have to say, that may help your case. It really just depends on whether the insurance company believes that you are partially at fault.

Customer replied 281 days and 19 hours ago.

So even though the Insurance Co doesn't have to pay out for hitting the truck they could still put it against my record and raise my rates?

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Expert:  Lucy, Esq. replied 281 days and 19 hours ago.

If they're paying to repair damage to the front of your vehicle, yes. If they're not, you don't even have to mention it to them. But, again, they will consider your percentage of fault, which should be pretty low (and may be nothing at all).

Customer replied 281 days and 18 hours ago.

The woman who hit me was very uncooperative blaming me first for stopping and after realizing I hit the truck after she hit me blamed the truck too. Had a tough time getting her to give up info. After I let the truck go she was furious I wouldn't let her go and said my insurance co is going to hear about hitting the truck. So the insurance will know. I'm in the process of buying a corvette and am trying to weigh the options of taking my chance of having my rates raised or paying the 800 dollars for repairs to back of my car myself.
Either way I'll pay for the front myself. It's minor since I was on my brakes when I hit him.
What would you suggest.. report or not?

Accepted Answer

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Expert:  Lucy, Esq. replied 281 days and 1 hours ago.

If she hit you from behind, it's her fault. The rear of the vehicle is unquestionably her fault, and her insurance company should pay for it entirely. You shouldn't even have to call your insurance company, unless the other company gives you a hard time.

Hopefully, they'll realize that she pushed you into the truck, and it was 100% her fault, and you won't have any problems - her insurance really should just pay for everything.

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 97.3 %
Accepts: 267
Answered: 7/4/2012

Experience: JA Mentor

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