QuestionIm tired of being takin advantage of by insurance companines. My wife has had to accidents not her fault but both indicents were giv'in 40 to 50 % faults.Now my latest employs myself.I was driving,following a car that had been driving somewhat eratic,on a rainy afternoon.The driver in front of me made a right hand turn and while turning she changed her mind and came back around turning in front of a car that was sitting at the turn about 10 ft. back of the intercection.My first thought was my god she going to hit that car but then I relized she was attempting to come back on the roadway to proceed in the same direction and I thought she would be running into me. Well her car came to a stop angled 45% and her front bumper on the roadway.While all this was going on I was braking trying to figure out what she was doing I came to a stop just as she stop.My bumper was even with hers, she motioned me on and Im thinking this girls drunk and just as I start to wave her on Im rearended I was only there for a sec. I mean she waved me on and before I could wave I was hit. Now it was raining and I was able to come to a controled stop but the car behind me skidded and hit me.His insurance co.(state farm) said this was my fault (although they didnt file a claim on me) that I violated code ic code 9-21-8-24 and said I should have been aware of traffic behind me. How in the world was I supposed to have eyes in the back of my head when I was trying to avoid an accident in front of me. I wrote a letter of complaint to the INDIANA DEPARTMENT OF INSURANCE and my response from state farm was the same And they also said that they have found the girl driver of the car that caused the accident and they are going after her for their damages.I even have the police report that states their driver was following to close to make a safe stop,although no ticketrs were given. I guess my question is wher does this leave me,my damages are $956 and I have a $1000 deductable.
AnswerI've been in the P&C claims business 35 years plus and I've NEVER heard someone (like State Farm is attempting to do here) justify hitting someone in the rear when that someone didn't stop for no reason.
The fact that you did not strike the lead car leads me to conclude that you had your car under PROPER CONTROL for the circumstances/conditions (weather, etc) but the State Farm car didn't.
In my HUMBLE OPINION the fault breaks down as follows:
The lead car - 25-35%
The State Farm car - 65-75%
I strongly recommend that you take out a summons in your local SMALL CLAIMS COURT (will probably cost approx $50.00) and sue both the State Farm car as well as the lead car. In preparation I would get a copy of the police report as well as at least two estimates for repairs to your car from reputable repair facilities... photos of the damages would help also.
I believe in the end the Court (you can and should represent yourself) will find BOTH the other cars at fault for what happened here and you will be made WHOLE.... my 25/35-65/75 might be off a hair.
Hope and trust that the above answers your question and provides some direction.
Feel free to get back to me with any additional questions or issues relative to this matter.
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Thanks
