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Friday, my wife was going down the interstate in our Infiniti QX4 when she saw a big shred of an 18 wheeler tire in her lane. She couldn't change lanes (all the lanes were full) so she applied her brakes (not slam) to slow down and straddle the debris. The guy behind her (a 99 Suburban) didn't slow down. He hit her in the back at maybe 10 mph greater speed.

MY wife and 8 month old son were ok. Guys in the other car were ok as well. The Suburban had to be towed (it took some damage to the engine, not sure if air bags deployed). Our SUV actually fared suprisingly well. The bumper pushed down under the body and there is a big square dent on the back door. I'm sure it will be thousands to fix though.

Oh yeah, and the spare tire (which sits under the QX4 in the back) shot out and hit a third car then the wheel disappeared. It must have rolled into the brush.

The owner of the Suburban opened up a claim on his insurance (that was a good start). I just hope the other insurance carrier accepts responsibility. I think the one that hits from behind is typically at fault (would mean he was following too closely). But I am afraid they will try to say my wife should not have slowed down (slowing down is not negligent but I always expect a fight when insurance payment is involved). Any opinions on fault would be appreciated.

Fault is pretty important - $1000 deductible vs. $0, rental car vs. ride sharing and rate hikes and/or cancellations. The long weekend gives me more time to worry about the outcome!:eek:
 

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From all the stories I've heard, I've never heard of the one in front at fault when it got rear ended.

Glad to hear that everybody was ok.

torchny
 

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The person who rear-ended you will never win in that situation. The issue of keeping a safe stopping distance is always a winning argument. If he was aware the she stopped and has a decent distance, he could have easily prevent hitting your car. Obviously, he was driving too close!

Good thing nobody got hurt.
 

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Glad no one was hurt. As the others have said, you should not be cited for this and the other insurance company will have to cover the deductible. As suggested, get the police report and file it with your insurance company, they may hold off on the settlement of the deductible until they can collect it form the other driver's insurance, but that should not take too long. Good luck.
 

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Man, I know it's a hassle and a pain to deal with repairing the QX4 and dealing with insurance companies, etc.--but count your blessings, man, it could've been much worse!

Try not to worry too much about it, and be happy the wife and kid are fine--keep a careful watch on their necks and backs (more your wife's) over the next year.

Good luck, amigo.
Rob:31:
 

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TPRENDER,

Even though your wife and kid were not injured, you should keep close eyes on them, especially the baby.

More then a year a go, my wife was hit by a car came from a side street. Her TL suffered $10k damage, and the other car (brand new Dodge Trattus) was totaled. At the time, she did not feel any pain, so CHP would'n show up. Later that night, she started to feel neck and shoulder pains.

If your wife and kid have any unusual signs , take them to the doctor and retain a lawyer for the injury.

Best of luck!

Paul
 

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Nooooo -- keep the lawyers out of it unless there's NO other way; lawyers should be the last resort, not the first. Better to settle it with fists than to let the lawyers get involved! :2:

When you think of medical costs being too high, what's the major cause? Lawyers. When you realize that we have WAY too many laws, what's the major cause? Lawyers.

The only persons who make out from a lawsuit are the lawyers -- why else would it be such a popular "profession?"
 

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Speaking from my own experience, if we did not have a lawyer, our claim would not go any where!

Since there was no injury reported, there was no police report. The other insurer did not take our claim seriously. Our insurance would not help us with pain and suffer claim. At least our lawyer got us something!

Most people do not like lawyer, but if you can use them for your benefit, why not? Every insurance company employs several lawyers on its payroll, so would you think dealing with the insurance directly is a good idea? I think the insurance company has an upper hand.

I fortunately have 3 lawyers as my coworkers. I use their advices all the time. They are not "bad" people once you get to know them.

Paul
 

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And on trips to the Andes...

They make real fine eating! Much tastier than those lean athletes, I never fly without one.

paulp said:
... They are not "bad" people once you get to know them.

Paul
But seriously--
Sorry to hear about the collision. Did the police issue any citations? That is pretty much the only way that insurance companies will pin all the blame on one side or the other. No citations and the insurers will work out a fair compensation between themselves. Doesn't really matter because odds are you will see a check from them even if they try to hold the other guy's insurance 100% liable. Oh, the claim will show up on your history regardless too. If you have multple vehicles and/other policies with the same firm they probably won't hit you much of an upcharge, and even if they claim that your increase (at the next annual renewal) is 'average' it is hard to determine if you can get a better 'total price of insurance'.

Good Luck!
 
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