Accident responsibility.?

Question

I asked a question earlier about my situation and got mixed answers. I got into a collision with a stalled vehicle on a busy roadway, it didnt have working flashers and according to driver had just run out of gas. It was in a no stopping zone and in a traffic lane. The driver was nearby on the sidewalk. I acknowledge the accident is mostly my fault, I did hit a stopped vehicle, but am being told that there is reasonable negligence on their part. Well my insurance company sent me a letter yesterday stating that I am 100% at fault and only that "The driver of your vehicle struck a parked vehicle". I dont know the exact legal definition of park, but to me that implies the car is off the roadway in an appropriate space. So i made a phone call and allstate told me parked simply means "unoccupied and unmoving" and that im getting lost in details. She also said an accident is either my fault or not. I said why do u assign a % in that case? Do you think its worthwhile to make an appeal?

Answer 1

There is not really any one to appeal to.

You can call and speak to the adjusters boss.

But your policy has language in it that says your insurance company has the right to negotiate, settle, deny or defend as they deem appropriate. They don't have to have your approval to deem you at fault and settle the claim. You don't have to agree with them. They have the right to handle the claim as they see fit.

Answer 2

A vehicle that has been abandoned in the travel way of a public street is not parked.

There is most certainly contributory negligence in this accident.  You need to get a copy of the police accident report to see what they said.  If the police said the car was "parked" instead of stopped you might have an uphill battle trying to get your insurer to change their position.  It could also be that the person whose car you hit made a false statement to his insurer.

Answer 3

no

in your case you hit a parked car no matter if the case it was parked

further more you hit the car from the back any in many cases even if the car was moving you would have been at fault

your at fault simple as that

goodluck

Answer 4

States have different ways of determining liability -- some can split liability (15 -85 for example) but many are all or nothing if the biggest portion of negligence falls on you. This is probably the case here...

Answer 5

I happen to be an insurance agent and have also had this same thing happen to myself. If you hit any stationary object, you are at fault no matter what. Even if you were 51% at fault, you are the one held responsible, unfortunately. I hit a stationary car, in the fast lane, with no one inside the vehicle and no lights on and guess whos fault it was? You guessed it, mine. The insurance companies and the DMV believe that if you are going the correct speed limit and taking precautions, that you should be able to stop in time to avoid hitting a motionless object. Unfortunately, it will be on your record for 3 years and will effect your insurance rates for the same amount f time. Really, a waste of time appealing it. I'm sorry.

Answer 6

This is just a matter of wording and you taking the word "parked" too literally. Your company should have used the word "stationary." Even if we throw the word "parked" out of the equation, you still hit a stationary object in the roadway. That is where your negligence comes from as you have a duty to be aware of any obstacles or hazards ahead of you.

The other vehicle may have some negligence (depending on daylight/night, time frame etc.) but it would be very difficult to prove. Even if some negligence is put on the other car it wouldn't be much and you still will be considered "at-fault" because you will have more than 50% of the negligence.  

As MSAD said there is no where to appeal a negligence decision made by your company. The insurance policy is a legal contract and one of the clauses gives the company the right to make negligence decisions as they see fit.