I was rear ended and found at fault

J

John Anthony

New Member
Jurisdiction
Texas
As i was slowing down to make a right turn at an intersection, I was rear ended. The person that rear ended me says i cut him off last minute and then slowed to make the right turn causing the accident.

Of course I expected the other person to make up some BS to defend himself but i wasnt worried because the police report showed that according to the point of impacts (rear pass side (me) and front pass side (other guy)...it was clear i was fully in the lane before slowing to make the right turn. The police report even says that the contributing factor to the accident was the other guy following to closely.

To my surprise, the other guy's insurance took his word and found me at fault and will not pay for my damages...am i missing something here? This is accident is basic as it sounds yet its my fault?

What are my options? I dont have collision coverage on my insurance policy so im stuck with my damaged veh and there were no injuries.
 
John Anthony said:
To my surprise, the other guy's insurance took his word and found me at fault and will not pay for my damages...am i missing something here?
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Just because the other party's insurer won't pay your damages doesn't mean you're at fault.

It does however ILLUSTRATE why smart people make sure they're PROPERLY insured.

Only you can protect your stuff and your carcass.

Reevaluate your insurance situation and make sure you're covered.

What if the next time the other driver is an unlicensed, uninsured bum????


You can sue the other party in small claims court, but you're likely to lose there, too.

Nevertheless, you have the right to sue the other party and pray you get lucky.
 
John Anthony said:
To my surprise, the other guy's insurance took his word and found me at fault and will not pay for my damages...am i missing something here? This is accident is basic as it sounds yet its my fault?
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Here's what you are missing.

The other driver's insurance company is not your insurance company and owes you nothing until and unless a court of law says so and says how much.

The other driver's claim rep has a contractual duty to defend his insured if he believes his insured's story.

The police officer did not see the accident happen so his opinion as to fault is irrelevant. The police report is not admissible in court and the police officer can only testify as to what he saw upon his arrival and cannot state any conclusions based on what he saw.

What is in your favor is that the other driver rear ended you. The presumption in court will be that he was at fault unless he proves otherwise.

The Texas small claims limit is $20,000. If your repair cost is within the limit I suggest you fill out a small claims complaint form for the repair cost (plus rental car) but don't file it yet. Send a copy to the claim rep and to the driver giving a deadline date to pay. Don't bluff. Be prepared to sue if the deadline passes.
 
adjusterjack said:
Here's what you are missing.

The other driver's insurance company is not your insurance company and owes you nothing until and unless a court of law says so and says how much.

The other driver's claim rep has a contractual duty to defend his insured if he believes his insured's story.

The police officer did not see the accident happen so his opinion as to fault is irrelevant. The police report is not admissible in court and the police officer can only testify as to what he saw upon his arrival and cannot state any conclusions based on what he saw.

What is in your favor is that the other driver rear ended you. The presumption in court will be that he was at fault unless he proves otherwise.

The Texas small claims limit is $20,000. If your repair cost is within the limit I suggest you fill out a small claims complaint form for the repair cost (plus rental car) but don't file it yet. Send a copy to the claim rep and to the driver giving a deadline date to pay. Don't bluff. Be prepared to sue if the deadline passes.
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Thank you all for your guidance. Ill obtain an estimate of the repair costs and send it as you mentioned. In the event that i do sue, who do i name as the defendant? The driver or the insurance company?
 
One more question regarding suing the other driver...my car is totaled and the only way to get an estimate to use in court is to tow it into a collision center. I would have to pay to tow it to and probably from the shop.

Is there any other money figures i can present to the court like pre-accident vehicle value?

I have tried the online photo estimates but the damage is too severe according to the email responses from shops.
 
John Anthony said:
One more question regarding suing the other driver...my car is totaled and the only way to get an estimate to use in court is to tow it into a collision center. I would have to pay to tow it to and probably from the shop.
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You may be able to find a shop who will send somebody out to do the estimate. You'll likely have to pay for that, of course.
 
All good advice but there are a couple of errors. In Texas, the accident report is exempt from the hearsay rules. Further, if the officer testifies, depending on his training and other evidence he is presenting, he may indeed be able to draw conclusions as an expert.
 
John Anthony said:
Is there any other money figures i can present to the court like pre-accident vehicle value?
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You'll need both. The pre-accident value and the repair estimate.

The Texas total loss formula is 100%.

The repair cost must be equal to, or greater than, the Actual Cash Value of the car to be a total loss.

Texas Transportation Code
Sec 501.091
(9) "Nonrepairable motor vehicle" means a motor vehicle that:
(A) is damaged, wrecked, or burned to the extent that the only residual value of the vehicle is as a source of parts or scrap metal.
 
flyingron said:
In Texas, the accident report is exempt from the hearsay rules.
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Might be partly exempt and limited.

flyingron said:
Further, if the officer testifies, depending on his training and other evidence he is presenting, he may indeed be able to draw conclusions as an expert.
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Also on a limited basis.

See the following article on the admissibility of police reports and police testimony.

Admissibility of Police Officer's Opinions in a Crash Report in Houston - Houston, TX - Attorney Brian White Personal Injury Lawyers
 
That diagram was not what I expected based on the narrative.

How did you end up facing north in the southbound lane, hitting Car 1 head on?

Any photos of the scene showing the positions of the vehicles at the time of impact?

Photos of damage to the cars?

Did driver #3 write up a statement as to what he saw happening? If he did, please post it.
 
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As i slowed to turn south(right), the street i was going to turn on is a narrow 2 lane rd and unit 3 was there waiting at the light. As I slowed and as i barely turned my wheels to the right, unit 1 rear ended me disrupting my right turn causing me to skid causing my passenger front to strike unit 3 in it's front driver side.

unit 3 is a heavy older model chevy so as my passenger front made contact, the momentum of the rear end impact fish tailed me causing me to end up in the position shown in the diagram.
 
John Anthony said:
As i slowed to turn south(right), the street i was going to turn on is a narrow 2 lane rd and unit 3 was there waiting at the light. As I slowed and as i barely turned my wheels to the right, unit 1 rear ended me disrupting my right turn causing me to skid causing my passenger front to strike unit 3 in it's front driver side.

unit 3 is a heavy older model chevy so as my passenger front made contact, the momentum of the rear end impact fish tailed me causing me to end up in the position shown in the diagram.
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Which could have occurred just as easily had you cut in front of him and braked heavily. The diagram doesn't help anything.
 
John Anthony said:
As i slowed to turn south(right), the street i was going to turn on is a narrow 2 lane rd and unit 3 was there waiting at the light. As I slowed and as i barely turned my wheels to the right, unit 1 rear ended me disrupting my right turn causing me to skid causing my passenger front to strike unit 3 in it's front driver side.

unit 3 is a heavy older model chevy so as my passenger front made contact, the momentum of the rear end impact fish tailed me causing me to end up in the position shown in the diagram.
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That's one explanation.

Zigner said:
Which could have occurred just as easily had you cut in front of him and braked heavily.
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And that's another.

adjusterjack said:
Did driver #3 write up a statement as to what he saw happening? If he did, please post it.
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You haven't commented on that. According to the officer's narrative, Driver 3 "stated he saw U2 attempting to turn Northbound on ____ Ave from Westbound SW _______ when U2 was struck from behind by U1, causing U2 to strike U3."

That also doesn't prove anything one way or the other.

I suggest you contact Driver 3 and get a comprehensive statement in writing and signed about what he saw just before you got hit.

He's the only third party witness to whether you were at fault or not. The statement of driver 1 is believed by his insurance company, and rightly so. You are left out in the cold until evidence in your favor is presented.

Did he see you in the turn lane for a significant interval or did he see you cut in front of the vehicle that hit you?

You need the answer to that question, though it's a two edged sword.
 

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