Automotive

Need advice on car accident

  • Last Updated:
  • Jul 27th, 2005 11:30 am
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Jr. Member
User avatar
Aug 2, 2003
109 posts
9 upvotes
Cambridge

Need advice on car accident

My wife was just rear-ended by a SUV (she was driving Hyundai accent). He hit her so hard her car is totaled (back seat and trunk is gone). The problem is my wife was stopped at a red light and the SUV pushed her in to the car in front of her (the only damage to the car in front of her was a dent in the bumper). My question is will my wife be partly at fault for the accident??? The driver of the SUV has been charged with reckless driving.

Any input into the situation would be great.

Thanks,

Oh, she ok ;-)
12 replies
Deal Addict
Jan 20, 2005
3867 posts
437 upvotes
Thornhill
I beleive they will convict your wife at fault for that bump, they'd probably say something stupid like she was too close bla bla bla...

Although you could probably fight that by saying the impact was great and its a little car so it flew forward :P
Jr. Member
User avatar
Aug 2, 2003
109 posts
9 upvotes
Cambridge
that's the thing, the truck the hit her was like three times the size.
Sr. Member
Nov 21, 2004
761 posts
1 upvote
i *think* this is how it works:

the suv driver has been charged for hitting your wife so those two insurance companies will cover each other or their own client. since your wife bumped another car from behind she will be at fault for the minor rear damage.

don't quote me on that, but think that's how it goes.

glad your wife is okay!
Deal Guru
User avatar
Dec 17, 2001
11723 posts
4919 upvotes
St-Fabien de Panet, …
What Pete00 said is exactly right. It's total BS since the SUV driver is clearly at fault...but that's how the law works.
Deal Addict
Sep 7, 2002
1585 posts
3 upvotes
Newmarket
if your insurance company finds your wife to be at fault for the car in front thet she's at fault. if because of the force of the SUV hitting your wife causing her to hit the car in front of her then the SUV driver is at fault. if your wife was right on the bumper of the car in front of her then they may find her at fault. if she was stopped a distance from the car then the SUV driver will be at fault. in your case from the limited details you've given it's hard to tell. the extent of the damage leads me to believe the cops showed up and filled out a report. it's gotta say something on that.
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Deal Addict
User avatar
Aug 22, 2004
2588 posts
3 upvotes
Mississauga
also no matter what happens when ever the fornt of your touches another its automatically your fault. My dad had a accident when our front and the other front colided we were partailly at fault (even though the police officer in his report said it was no bodies fault) , this was 4 years back and we are still paying more in our insuracne for a $1000 repair.
Sr. Member
Jul 18, 2005
793 posts
6 upvotes
Mississauga
Do not accept any responsibility at all for this incident. If they suggest you signoff on 30% or 10% or whatever for hitting the car ahead of you that is just their way of trying to up your insurance rates. Stick to 0% and be stubborn about it.
JIM
Deal Expert
Aug 2, 2001
18946 posts
10527 upvotes
prannay wrote:also no matter what happens when ever the fornt of your touches another its automatically your fault. My dad had a accident when our front and the other front colided we were partailly at fault (even though the police officer in his report said it was no bodies fault) , this was 4 years back and we are still paying more in our insuracne for a $1000 repair.
Generalizations like this just spread ignorant ideas. This is completely wrong - it may be how it worked out in your case because of the parties involved, however not all rear-ended accidents are the fault of the person behind.


This is all based on Alberta insurance - as my father is an adjustor here. If you have no fault insurance, I don't know how it applies....

Typically, they will realize that you were pushed into the car. If the insurance company of the SUV complains about paying for the car you were pushed into they will commission a report. Within this report an actual engineer (accident reconstruction specialist) will analyze the forces involved. It is VERY EASY for an engineer to give an approximete distance of how far away you (the accent) were from the car in front of you. From there, they will determine if you were too close or not - but they will have figures to back it up.
Sr. Member
User avatar
Jan 15, 2002
660 posts
Calgary
I haven't had a chance to read all the responses above but figured I'd add in my two cents.

Here's how most companies will judge it (via fault determination)

If your wife car was travelling at 0km/h (i.e she wrote on the accident report sheet that she was stopped) then she will not be at fault.

If she was still moving while she was hit from behind and then continued to roll into the car in front she will be found at fault for hitting the car in front of her.

Hopefully your wife is alright, make sure she sees a doctor. Getting hit from behind can cause all types of nagging injures. If she has any make sure that its all documented.
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Member
Apr 12, 2005
280 posts
best way: talk to the insurance company, talk to the claim person looking at the car. they will tell you what will happen...you should know pretty quick.
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Deal Addict
Oct 22, 2002
2040 posts
526 upvotes
'sauga
Sounds like a good time to point everybody to Ontario's fault determination rules

From the rules on page 5, section 4:

"This section applies with respect to an incident involving three or more automobiles that are travelling in the same direction and in the same lane (a

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