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Ugh..unexpected holiday expense
Got a call from DH to let me know he was in a car accident (he's ok, and so are the other drivers) but the front end of his car is smashed, and the side scratched up. Cops are putting him at fault, because he rear ended someone - but DH said the guy in front of him was on his cell phone and decided to make a last minute right hand turn which did not give DH time to react. He veered to the left a little to avoid a full back end collision and clipped the back corner of the guy in front. But the car coming up on his left side rubbed him on the side.
I'm happy he's ok, but pissed that we will need to get the car repaired now and the added insurance expense. Grrr....just when his record has been cleared of accidents....another one to add to the list.
Re: Ugh..unexpected holiday expense
That sucks.
I wonder how the rules of fault determination have changed due to the cell phone laws. I know that basically no matter what, if you rear end someone, you are responsible, but I'm pretty sure there's also some details about if one party is doing something unlawful.
It might not hurt to argue it a bit with your insurance. They're going to automatically fault him and close the claim as quickly as possible, but you might actually get a 50/50 ruling if you can prove he broke the law.
Good luck - glad to hear he's okay though!
so sorry to hear that but I'm glad your DH is okay. i would be frustrated by the added expense as well.
I don't know about changing the fault but that would be good for you if you could have that happen. Did the guy actually signal or just turn? so many people don't signal and that is an issue. Were there any witnesses that stuck around and can verify that the other driver was on the phone? that would help I'm sure.
Unfortunately no other witnesses, but to add fuel to the fire, the cop gave him a $300+ ticket for careless driving and it's 6 points!! WTF?! He told DH to go try and get a reduced fine/points on the ticket at least, but he had to give him a ticket because there was no "evidence" to show DH was not 100% at fault (skid marks from the other driver, etc..), and under section blah, blah, blah...he has to give him a fine for careless driving. A$$.
One of our friends is a cop in T.O, and grew up here in Kingston and knows many of the other cops here in Kingston...we're going to give him a call to see what his opinion is on what to do.
Ouch. I think the thinking is you're supposed to leave enough room that you can stop in time regardless of what the other driver does. That doesn't mean I don't think there should be cell phone/texting bans while driving or that despite what most people say I don't think you can drive properly while being on the phone.
I was lucky when this happened to me that my ticket was just "following too close" which is cheaper then "driving with undue care and attention"
I hope your friend can be more helpful.