My college age daughter got stuck in the snow on a rural 2 lane highway this morning, car still on the road for a couple of hours until someone could get there to pull it out. Should not have been out but she was, very poor visibility and road conditions but she was on her way to church. Someone tried to go through the same drift and ran into her car causing pretty severe damage. Whose fault? Whose insurance pays?
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- Thread starter SMA in NE
- Start date
RCP
Well-known Member
- Location
- Grove City Pa
Be careful, my brother was in a similar accident, there were no witnesses, and no one called the cops. Turned into he said she said, each ended up paying for their own vehicle.
Rich
Rich
"Whose fault? Whose insurance pays?"
Hard to say... But is everyone Ok?
Your vehicle was blocking the road & became an obsticle... You're fault!
Driver that hit you should have been in control for their vehicle... Their fault!
Weather Related conditions is considered an act of G*d... You both pay!
Good luck!
Hard to say... But is everyone Ok?
Your vehicle was blocking the road & became an obsticle... You're fault!
Driver that hit you should have been in control for their vehicle... Their fault!
Weather Related conditions is considered an act of G*d... You both pay!
Good luck!
Not being an insurance agent I have no idea, but out of my azz I would say your daughter is going to pay for both. You say her car sat in the ditch for quite a while.Did she leave the scene of an accident leaving her car unattended? Did she put flares out or at least have her flashers on? If not some could interpret as "erecting a roadside hazard".
On the other hand in these parts most any snow related accident which involves emergency personel (And it is the law to notify the police in any accident resulting in more than $1000.00 damage) a ticket is issued for speed unreasonable or prudent for conditions. That speed may be anything above 0. The idea being that you must have control of your vehicle under any conditions. If that is the case the other will pay.
Most likely each will end up paying for their own.
On the other hand in these parts most any snow related accident which involves emergency personel (And it is the law to notify the police in any accident resulting in more than $1000.00 damage) a ticket is issued for speed unreasonable or prudent for conditions. That speed may be anything above 0. The idea being that you must have control of your vehicle under any conditions. If that is the case the other will pay.
Most likely each will end up paying for their own.
The accident occurred while waiting for a tow truck to pull my daughters car out of the snow drift. Her car was stuck in the drift for 1/2 hour or more before it was hit. I don't believe you are entitled to drive into stationary vehicles that are stuck or disabled on the roadway. If you cannot see where you are going (too much snow blowing across the road) I don't think you can just drive blind anyway and hope you don't run into anything.
john in la
Well-known Member
I agree. You can not just run into some car because it is broken down or stuck in the middle of the road.
On the other hand your daughter should have called the police if for nothing more than the added security of haveing a cop car sitting there with lights flashing to warn of the hazard.
Things will most likely come up to try and prove her fault in some way. Such as did she have the flashers on or some other means of warning the public she was blocking the road?? Were the police on the way when the accident happened?? Was she standing behind the car flaging down traffic to warn them?? And on and on.
On the other hand your daughter should have called the police if for nothing more than the added security of haveing a cop car sitting there with lights flashing to warn of the hazard.
Things will most likely come up to try and prove her fault in some way. Such as did she have the flashers on or some other means of warning the public she was blocking the road?? Were the police on the way when the accident happened?? Was she standing behind the car flaging down traffic to warn them?? And on and on.
Kris Golden
Member
I don't know about NE but in Misouri if they hit you in the rear THEY are at fault no matter what.
old
Well-known Member
- Location
- Camdenton Missouri
A lot depends on what the cops say and who if any body got a ticket. Who ever get the ticket is also the one most likely to have to pay. Now if it where a truck stuck and it did not have out the warning markers then it is the truckers fault
Ray(MO)
Member
- Location
- Hale, Missouri
Was it worth going to church?
Sean Feeney
Well-known Member
A few years ago wife hit some ice and ended up into snowbank, along came a guy in his truck, hit the same ice and ran into her his insurance payed for repair.
Nebraska Cowman
Well-known Member
My sister pulled that trick 4 years ago. But she was the hitee. A person had left a disabled vehicle several days on a gravel road she traveled to work. A white vehicle. One night it snowed. Next morning my sister is going to work before daylight. Watching for the car she knew was there when WHAM, there it was. She went on to work and when she got home I helped her straighten the bumper. Later that day the State police came around snooping and asking questions about the car which my sister denied hitting. They looked at her car (which had been in several small mishaps, not excluding the hood being nearly torn off from the wind when she had the battery charger on overnight) And said Trooper just shook his head. Yes, my sister would have been at fault had she admitted guilt but as it was and the disabled car had been there several days with the owners making no effort to remove it I think the cops kinda looked the other way and let nature take it's course.
Nebraska Cowman
Well-known Member
That should read 40 years. How I long to be able to edit my own posts.
Anonymous-0
Well-known Member
The Driver of the vehicle which ran into the stationary object is, imo, responsible, was it reported to Police as damage to property, could say the driver was negligent,
"book em Danno"
"book em Danno"
MSJ from MN
Member
In reference to the driving blind part hoping you don't hit anything.
Isn't that what your daughter was doing?
Isn't that what your daughter was doing?
Was leaving town one morning and hit a Ford Range pickup in the rear with my diesel pickup. Buckled the frame on the Ranger. This gal was stopped in the middle of the outside lane of a federal highway while her husband run over to the edge of the road to a sweetcorn stand to buy sweetcorn. She was about 7 car length from the 70mph speed limit sign. It was my neigbor a mile down the road from me. She got the ticket for parking or stopping in the middle of a federal highway.
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