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  1. #1
    Join Date
    Jul 2007
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    Question Liability for Car Accidents Caused By Bad Weather

    I was in a acr accident during a snowstorm in the state of n.h. in dec.2005. The operator of the vehicle that hit me lost control and crossed into my lane and hit me head on. His insurance company is refusing to pay, believing that there would be no responsibilty because the storm was the only reason the accident occured. Can anyone help me.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Liability for Car Accidents Caused By Bad Weather

    Do you have coverage through your own insurance company?

    You have the remedy of suing the driver for the damage to your car, although you will have the burden of proving he is at fault.

  3. #3
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    Default Re: Liability for Car Accidents Caused By Bad Weather

    Quote Quoting aaron
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    Do you have coverage through your own insurance company?

    You have the remedy of suing the driver for the damage to your car, although you will have the burden of proving he is at fault.
    How to prove fault is my problem. speed is not the issue, the driver of the vehicle simply lost control at a reduced speed. his insurance company is convinced, after our mediation attempt, that a jury will not find the driver at fault. I always believed that if you were driving a vehicle you were reponsible for the control of that vehicle.

    Are the any case histories that I could read about?
    skier

  4. #4
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    Jul 2006
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    5,437

    Default Re: Liability for Car Accidents Caused By Bad Weather

    Quote Quoting skier
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    I was in a acr accident during a snowstorm in the state of n.h. in dec.2005. The operator of the vehicle that hit me lost control and crossed into my lane and hit me head on. His insurance company is refusing to pay, believing that there would be no responsibilty because the storm was the only reason the accident occured. Can anyone help me.
    Sue the other driver.

    Accidents are not caused by bad weather.

    Accidents are caused by bad drivers.

  5. #5
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    Jul 2007
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    4

    Default Re: Liability for Car Accidents Caused By Bad Weather

    Don't know how the laws are up there but in NC we have a broad citation for just that type of incident. "Too fast for conditions." It does imply that all accidents are avoidable; at least by the one who starts the accident. Its usually given for accidents in poor weather conditions; where someone should have slowed down or pulled off the road all together. In NH I would think there were much better snow drivers than down here in NC. Snow brings out the morons in NC. Heck! Rain brings 'em out down here for that matter.

    I personally have very little respect for insurance companies in general as they don't mind taking your money but sure do make it as big a hassel as possible to make a claim to get back what you are entitled. Yeah. I'd go to court over it. I'd also let the insurance company know not only would I recoupe the damage to my vehicle; I'd go for injuries, rentals, cost of court (not recoverable in some states) and what ever else I could tack on to make their lives miserable. Sometimes the clear thinkers in the company will actually win out over the idiots and crooks and they'll settle.

  6. #6
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    Jul 2007
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    Default Re: Liability for Car Accidents Caused By Bad Weather

    Quote Quoting seniorjudge
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    Sue the other driver.

    Accidents are not caused by bad weather.

    Accidents are caused by bad drivers.
    If I sue the other driver or his insurance company, I must prove he was at fault. I am being told, after mediation, that his insurance company believes that a jury will blame the storm as the cause and we will not get anything. Do you know of any documented cases that might address this issue?

    skier

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
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    Default Re: Liability for Car Accidents Caused By Bad Weather

    Generally speaking, whatever the weather, if you lose control of your vehicle you are responsible for driving the vehicle in an unsafe manner given the weather conditions. Other than a weather condition which can be invisible to a driver, such as black ice, very little in the weather which does not create a foreseeable risk of loss of control if you drive at unsafe speeds. In some weather conditions, such as a "white out", the maximum safe speed can be 0 MPH.
    Quote Quoting New Hampshire Statutes § 265:60 - Basic Rule and Maximum Limits.
    I. No person shall drive a vehicle on a way at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the way in compliance with legal requirements and the duty of all persons to use due care.

    II. Where no hazard exists that requires lower speed for compliance with RSA 265:60, I, the speed of any vehicle not in excess of the limit specified in this section or established as hereinafter authorized shall be prima facie lawful, but any speed in excess of the limit specified in this section or established as hereinafter authorized shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
    (a) In a posted school zone, at a speed of 10 miles per hour below the usual posted limit from 45 minutes prior to each school opening until each school opening and from each school closing until 45 minutes after each school closing.

    (b) 30 miles per hour in any business or urban residence district as defined in RSA 259:118;

    (c) 35 miles per hour in any rural residence district as defined in RSA 259:93, and on any class V highway outside the compact part of any city or town as defined in RSA 229:5, IV;

    (d) 55 miles per hour in other locations, except as provided in (e);

    (e) 65 miles an hour on the interstate system, the central New Hampshire turnpike and the eastern New Hampshire turnpike in locations where said highways are 4-lane divided highways or other divided highways of 4 or more lanes.

    (f) On a portion of a highway where officers or employees of the agency having jurisdiction of the same, or any contractor of the agency or their employees, are at work on the roadway or so close thereto as to be endangered by passing traffic, at a speed of 10 miles per hour below the usual posted limit, but in no case greater than 45 miles per hour. The speed shall be displayed on signs as required by RSA 265:6-a.
    III. The limit specified in II(e) shall be the maximum lawful speed and no person shall drive a vehicle on said ways at a speed in excess of such maximum limit. The prima facie speed limits set forth in this section may be altered as authorized in RSA 265:62.

    IV. The driver of every vehicle shall, consistent with requirements of paragraph I, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic by reason of weather or highway conditions.

  8. #8
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    Jul 2007
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    Default Re: Liability for Car Accidents Caused By Bad Weather

    I assume by what you say...or didn't say...no one was issued a citation?

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