Rear Ended Because Brake Lights Malfunctioned

[frankie450900]

My question involves an injury that occurred in the state of: Tennessee
I was rear ended supposedly because my brake lights were out. The fuse was blown and i did not know it. Am i at fault as the other party says?My vehicle was just serviced 4 days ago and no problem was reported to me about lights not working.

Frankie

[gigirle]

The fuse was blown and i did not know it. Am i at fault as the other party says?

Do you know for a fact that the fuse was blown?

Usually in a rear end collision, the party that hits you from behind is at fault, it's call assured clear distance. What they needed to have to prevent the accident from happening.

[seniorjudge]

Frankie, sue the bad person for the damages you or your car suffered from the wreck.

[frankie450900]

well when i went to the tow yard to get some stuff out of the van sure enough i checked and the fuse was blown when who knows? I don't want to sue just to settle fairly for everyone. is it wise to speak with his insurance company without a lawyer?

Frankie

[seniorjudge]

You could LISTEN to what the guy's insurance company says, but I certainly would not TELL them anything.

[gigirle]

Am i at fault as the other party says?

The other party ALWAYS says this. Its not up to the other party either, its up to the insurance company. From an insurance stand point, its almost always the other drivers fault. Was the other driver cited in the accident?

You shouldn't need a lawyer at all, well, at least at this point.

Listen and understand what SJ is trying to tell you.

[frankie450900]

yes i think he was cited. i think i understand what
SJ means.....like my dad told me once admit nothing deny everything and demand proof right?

Frankie

[gigirle]

yes i think he was cited

Then HE is at fault! You win. HIS insurance company will pay all your bills and for your car. You can call the police station (non emergency #) and ask if he was, they should be able to tell you, but I'd bet he was as well.
Your dad is a smart man, remember God gave you two ears and one mouth because he wanted you to listen more and talk less.

The proof of the other drivers guilt, is in the ticket he was cited for. Not your fault, end of story. If your under 25, your already paying insurance premiums out the ying yang. If this goes on your insurance, it goes up even more and it shouldn't, the guy that hit you should have left enough room to stop prior to hitting you.

[Betty3]

I would certainly see if the at-fault party's ins. co. will pay first/admit their insured was at fault (they should) before considering suing.

or - if they won't pay instead of suing, you can contact your ins. co. & let them "fight" it out with the other co. unless you don't want to get your ins. co. involved.

Most accidents when they happen are reported to both ins. cos. & the ins. cos. will determine fault.

It will certainly help you greatly & determine the other part at fault if the other party was "definitely" cited.

[zedex]

Have you considered the possiblity that the fuse blew when the bulbs broke during the crash?? If you foot was on the brakes and the lights were on, once the bulbs broke, anything could have caused a short and thereby blew the fuse.

Did the other party say you had no brake lights??? Are you sure you had no brake lights?? Crashes occur because lack of attention and following too closely in most cases. Perhaps your lights were working, but they just did not see them for whatever reason.