Rear Ended, at Fault Party Claiming No Fault

[jwark]

1. a wooden pallet fell on the road in front of me
2. I stopped to avoid running over it. I really didn't stop all that fast
3. Person behind me was tailgating me and rear ended me
4. Person who rear ended me was issued a ticket for failure to maintain a close distance and I was not issued any tickets.
5. OTher party's insurance company is trying to say it was an unavoidable obstruction and so it's no one's fault


I'm thinking about suing the insurance company. I live in Texas. I can't see how someone can follow way to close and rear end me like that. Does anyone know if they can actually get away with this?

[THEAMAZINGCHAN]

Did you hit the pallet? if you did not you avoided it right? so how can it be unavoidable?

[jwark]

No I did not hit the pallet. They're saying because I could not drive around it, it was unavoidable? I guess? They don't really make any sense to me. I'm actually not sure what happened with the pallet. After I was rear ended, it somehow ended up behind me, I think. I saw that I was stopping before I was going to hit the pallet and then I was rear ended so hard everything was a blur after that. They act like the person who rear ended me couldn't avoid it. It seems their story is very shaky to me. Of course, I'm biased since I don't think I should have to pay a dime.

[Scott67]

No I did not hit the pallet. They're saying because I could not drive around it, it was unavoidable? I guess? They don't really make any sense to me. I'm actually not sure what happened with the pallet. After I was rear ended, it somehow ended up behind me, I think. I saw that I was stopping before I was going to hit the pallet and then I was rear ended so hard everything was a blur after that. They act like the person who rear ended me couldn't avoid it. It seems their story is very shaky to me. Of course, I'm biased since I don't think I should have to pay a dime.

Given the situation as you state it, you are correct. You should not have to pay a dime. It sounds like the other person's insurance company is posturing to try to push you around -- focusing you and your thoughts on the pallet, rather than the fact that their client rear-ended you. It may have been "unavoidable" for you and the pallet. It WAS avoidable for the person who rear-ended you.

If you were injured, you should immediately contact an attorney who specializes in automotive accident injuries. If you are talking strictly property damages you may want to file with your own insurance company hoping they will recover your deductible. Do not, under any circumstances, verbally or in writing, tell the other person's insurance company that you were not injured. You actually couldn't know; some injuries take time to exhibit symptoms. If the insurance company is being unreasonable on a property damage issue, sometimes the threat of a personal injury suit can bring them to their senses.

[jwark]

Thank you for the advice Scott. I had to miss a couple of days of work. I went straight to the hospital after the wreck but they said I was ok just bruised up.

I don't really think I need to sue for injuries. I just want my deductible back and for them to pay for my rental car. I didn't have rental coverage so I rented a car out of my own pocket.

[Betty3]

I would report the accident to your ins. co. if you have not already done so.

[jk]

Thank you for the advice Scott. I had to miss a couple of days of work. I went straight to the hospital after the wreck but they said I was ok just bruised up.

I don't really think I need to sue for injuries. I just want my deductible back and for them to pay for my rental car. I didn't have rental coverage so I rented a car out of my own pocket.

because of what you wrote, I want to repost what Scott said:

Do not, under any circumstances, verbally or in writing, tell the other person's insurance company that you were not injured. You actually couldn't know; some injuries take time to exhibit symptoms.

I am very close to a person whose injuries took about 6 weeks to really show and over 6 months to actually be diagnosed as something other than soft tissue injuries. Saying anything could damage your case should it come to that.