If i wasnt given a ticket for accident can i still be found at fault?

Question

i was in a accident and i rear ended another car.the state trooper said he wasnt given me a ticket because it was black ice and i did everything i could to stop i was 15mph under speed limit and they slammed on there breaks and i hit mine and slid a long ways on thick black ice .cop said there was nothing i could do.so he didnt give me a ticket.but can i still be found at fault by insurance company or would it go under the "act of God law"

Answer 1

THE WAY THAT THIS WILL WORK IS THAT YOU WILL BE AT FAULT AND AS FOR THE ICE, THEY WILL SAY THAT EITHER YOU WERE FOLLOWING TO CLOSE, YOUR SPEED WAS TOO FAST FOR THESE CONDITIONS OR YOU JUST DID NOT HAVE CONTROL OF YOUR VEHICLE.

"NO ACT OF GOD"

Answer 2

Good question,

In general, most states automatically assign fault to anyone who rear-ends another vehicle. This is because generally you can only rear end another car because of things you did that were wrong, ie; Following too close, going too fast, not paying attention, etc...

However, hitting "black ice" which can be virtually invisible until you are on it could be something that couldn't be helped.

The only thing I could say they might try to say it was your fault would be that if you rear ended someone, you apparently were going too fast for the road conditions that were present. Even if you were under the posted speed limit, this can  depend on road conditions. ie; Very foggy but the speed limit is 65mph. Going 65mph in heavy fog would be going too fast for current road conditions, even though technically you aren't speeding.

I do wish you luck though, maybe they won't count it as your fault.

Answer 3

Even if there was ice, you should have been far enough that you could have steered out of the way, or stopped despite sliding. I'm pretty sure your insurance company will put you at fault.

Answer 4

why was the car who slamed on his brakes able to stop faster than you

Answer 5

Every state is different.  Some have no fault laws.

Here in Maryland anyway the insurance companies of both parties determines who is a fault.  You can give them information and witnesses.    You can not get a ticket and still be at fault.  There is no act of God here.  The companies pick who will pay.

I understand black ice is impossible but in Maryland, your company would pay the cost of the car you hit.

Not fair?  Yea that's why some states have No fault.   You insure your own car and go to your own company no matter what happened.

Its just an accident.  Be glad if no one what hurt and you can walk away.

Antilock breaks saved me from one accident.  Insist on them.

Answer 6

Yes you can :(  It's a different burden of proof.  

In a civil case (person sues person, such as insurance), they only need to show  "more likely than not", 51%.

As you know, for police/court, it's tougher.  Classic example is the OJ trial, where he dodged "proof beyond reasonable doubt" but got nailed in the lawsuit for "more likely than not".

Answer 7

As far as the insurance companies are concerned, that is not an act of god.  From their point of view, you were following to close and are at fault. The only things that may fall under "acts of god" are lightning struck it, floods, destroyed in a tornado etc....not black ice. Whether or not you got a ticket from the cops just means you weren't charged with a criminal offense and have to appear in court. I got the same thing when i hit something on the road....sucks.