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Since the accident, someone has told her that rearend collisions are the fault of driver behind.
This is why the lawsuit.
Like the other answer, you need an attorney.
It is almost ALWAYS the car in rear who is at fault. Despite the fact that the woman admitted culpability and caused the accident, the line of reasoning is that the car in the back should leave enough room to stop in ANY case. Not always practical, but it sounds good in theory.
I'm not sure it would be worthwhile to fight it. How does your insurance company feel about it? They should be able to fight it or pay it depending on what their counsel thinks about the case.
Unfortunately the person who rearends another vehicle is deemed to be at fault because you are supposed to keep a safe distance from the vehicle in front! Her admitting to be at fault means nothing as she can claim she was in shock and therefore unable to make that judgement!
The same thing happened to my wife, and she hit the driver who slammed on their brakes, coming up to a red light, and my wife was doing less than 10 m.p.h.! No damage whatsoever to the other car, a slight crack on my wifes bumper. My wife immediately went to check on the other car's occupants. They all 4 claimed to be hurt, and informed my wife that they had already called the cops and an ambulance. The first cop responding said he didn't see how it was possible that ANYONE was hurt, and wrote it in his report. He told my wife that he sees it all the time, and that they were just looking for a check.
Well, 3 of them settled fairly quickly (for under $5000 for all 3), but the driver of the other vehicle fought it for over 6 months. Our insurance company would not tell us how much they settled with her for. It was an experience I hope NO ONE ever has to go thru. Even with the police report stating "no damage whatsoever to the other vehicle, and very minor cosmetic damage to my wifes car", the other occupants still received a pretty good payday for an accident they caused. Unless your husband has an excellent paper trail thru the police, and maybe some witnesses in his defense, it's best to let your insurance handle it. If his driving record was good before this accident, his insurance company will usually treat him fair. Now, I'm not sure about the company he works for. Some trucking companies have no tolerance at all for accidents. I do wish yall all the best tho'. It is a VERY stressful situation, when you know you are being screwed, and can basically do nothing about it.
Fight it! There has to be a police report involved that shows where the woman admitted to it being her fault.
An officers job is a huge paper trail. I would try and find out the officer name who was at the scene and then have him look over his report on the accident. It may have been noted that she said it was her fault. I understand that when you go to court, details and documentation are very important. Get as much infor as you can on this. Good luck!
Get a lawyer and sue her back.
Just a side note here, the one doing the rearending almost always loses the case. Especially with all the bias & general feeling of annoyance towards truck drivers, I would just settle outside the court so nothing goes on record.
Sounds like she made the classic mistake of admitting responsibility, but when she got home and spoke to her insurance company they have advised her that her insurance will be invalidated if she admits responsibility!
If she admitted it was her fault to the cops, then at least you have that statement to fall back on. But, she can still go ahead and sue for damages.
You really need to consult a lawyer on this matter... and fight it. If he is a truck driver, does his trade union have access to legal assistance?
I hit another car from behind two years ago,no one reported to the hospital,no visible damage to either car.
by hans65 on November 26th, 2010
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by followerofgod on November 26th, 2010
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You're reading My husband rearended a woman after she got in front of him, slammed on her brakes and admitted it was her fault to the cops, now she is sueing< he didnt get a ticket, neither did she, should we fight this or just pay, hes a truck driver and may loose job.
Comments
Rear end collisions are not always the fault of the rear driver.
by OhLook - IamNoLongerAnonymous on January 23rd, 2009