4 replies to this topic

[chismo6]

From state of GA - was recently in an auto accident.  Truck swerved in front of me, I had to hard brake and the car behind me swerved into the other lane and then came back over and hit me in my lane.  The truck that caused the accident never stopped.  The driver of the car that hit me has filed a claim with my insurance stating that I am at fault.  This gentleman stated to my father and me that he knew that he was following too close behind me.  We have the accident report with the diagram that shows his failure to maintain his lane and an eyewitness.  According to my insurance, he has not filed anything with his insurance as they don't even have a copy of the accident report.  Is there anything that can protect us?

[RetCopPrlgl]

What does the accident report say ?  Was anyone ticketed ?  Did any witness get a tag number from the truck ?

It really doesn't matter whether the other driver who hit you files a claim with your insurance company.  Your insurance company will either accept or deny the claim.  There's very little you can do about that.

Georgia is not a no-fault State, but rather a Tort State.  This means that the insurance company will determine who is at fault in the accident, and that party's insurance company must pay damages to all parties involved in the accident.

In the scenario you describe, even if the other driver was not cited, the accident report will likely show them to be at fault.  Most rear-end accidents (though not all) involve "following too closely" in Georgia.  In other words, if the driver behind you had not been closer than what was safe, they likely would have had enough room to brake safely without hitting you.

As I see it from what you describe, the phantom truck pulled in front of you causing you to apply your brakes.  You were NOT following too closely and were able to stop safely without hitting the phantom truck.

I wouldn't fret over this too much.  Your insurance company is probably going to deny the other driver's claim.  If they have to, they'll pay your damages and then go after the other driver's insurance for subrogation.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.

[chismo6]

Thank you so much!  There were no citations, no one was able to get the number of the phantom truck (that the witness, other driver, and myself all verified).  With the information that you have provided, I am a little more confident and not so down in the dumps.  Thanks for all the information.

[RetCopPrlgl]

Obviously, nobody can guarantee what will happen here, but historically, when I've handled accidents like this, the "rear-ender" was usually held liable, absent any exigent circumstances.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.

[DumplinHoneychild]

I'd add that in my experience, insurance company's are pretty good about figuring out how to assign liability and will pursue the offending party and/or the party's insurance carrier. I assume you've spoken with an adjuster/investigator with your insurance provider. Just make sure you've given your own statement with as much detail as possible to your insurance company.