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Old 10-15-2014, 05:24 PM
 
1 posts, read 1,553 times
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My husband got in a fender bender yesterday. He was merging off of the highway and another vehicle whom we thought was supposed to yield to the ramp didn't yield and my husband hit him from behind. Insurance company is claiming that because my husband hit the other vehicle from behind, it is is fault. But the other vehicle didn't yield to traffic exiting the freeway?? Thoughts?
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Old 10-15-2014, 05:48 PM
 
504 posts, read 801,241 times
Reputation: 927
Person hitting from behind is ALWAYS at fault.
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Old 10-15-2014, 06:30 PM
 
Location: Funky town
953 posts, read 1,831,152 times
Reputation: 648
Tough luck! Hitting from behind is always at fault. It will be hard to prove that the other car did not yield. If you had side swapped then it might have been a different story...
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Old 10-15-2014, 06:32 PM
 
238 posts, read 420,489 times
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Quote:
Originally Posted by leahpop3 View Post
My husband got in a fender bender yesterday. He was merging off of the highway and another vehicle whom we thought was supposed to yield to the ramp didn't yield and my husband hit him from behind. Insurance company is claiming that because my husband hit the other vehicle from behind, it is is fault. But the other vehicle didn't yield to traffic exiting the freeway?? Thoughts?
You already have your answer, lol. Why even bother asking a bunch of random people on the internet?

Anyways is the insurance company you are referring to yours or his insurance company or of the other drivers? If it is the latter, I would discuss this with your insurance company to see what they think. If their research believes otherwise then your insurance company will dispute their claim.

In my opinion however I would have to agree w/ the initial opinion of the insurance company. Your husband rear ended another person. This indicates that the person was already in the lane he was merging into and thus could have prevented the accident himself if he was paying attention.
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Old 10-15-2014, 06:37 PM
 
19,797 posts, read 18,093,261 times
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Quote:
Originally Posted by VegasMan_72 View Post
Person hitting from behind is ALWAYS at fault.
Not correct. But it sounds good.
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Old 10-15-2014, 06:39 PM
 
19,797 posts, read 18,093,261 times
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Quote:
Originally Posted by frenzyrider View Post
Tough luck! Hitting from behind is always at fault. It will be hard to prove that the other car did not yield. If you had side swapped then it might have been a different story...
What if you pull out onto I-45 from a ditch at 15 mph with no lights on in the dark and get rear ended? Yea that's your fault.
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Old 10-15-2014, 06:42 PM
 
Location: Dallas
2,414 posts, read 3,487,736 times
Reputation: 4133
Your husband wasn't being a defensive driver. It was his fault, just because someone else doesn't follow the directions of a posted sign, doesn't mean he has the right to hit them.

People do all kinds of crazy things on the road. As a driver you have to be alert and ready to brake, and keep a safe distance between your car and the car in front of you.
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Old 10-15-2014, 06:55 PM
 
Location: North Texas
24,561 posts, read 40,291,156 times
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Quote:
Originally Posted by RonnieinDallas View Post
Your husband wasn't being a defensive driver. It was his fault, just because someone else doesn't follow the directions of a posted sign, doesn't mean he has the right to hit them.

People do all kinds of crazy things on the road. As a driver you have to be alert and ready to brake, and keep a safe distance between your car and the car in front of you.
This. I never assume other drivers will yield the right of way.
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Old 10-15-2014, 07:01 PM
 
170 posts, read 262,491 times
Reputation: 70
10 days back I saw an accident on 75 and one lady(driving Porsche) tried to enter in to the HOV lane from normal lane(there is some gap to enter in to HOV and is not the way to enter HOV) and a big car hit them from behind. luckily both the cars were on the same lane after the accident, otherwise it might become a worst accident and I was behind that porsche. In this case, though the person hit them from behind, the mistake is with the porsche people as they tried to enter in to the HOV lane even though there is no space to enter and that is not the right way to enter.
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Old 10-15-2014, 07:55 PM
 
Location: Funky town
953 posts, read 1,831,152 times
Reputation: 648
Quote:
Originally Posted by EDS_ View Post
What if you pull out onto I-45 from a ditch at 15 mph with no lights on in the dark and get rear ended? Yea that's your fault.
Prove it! Unless you have witness, you are taking out the checkbook!
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