Questions regarding car accidents

I got rear-ended this am on the way to work and had a few questions about the situation. Coming to an busy intersection, people in the line ahead of me suddenly stopped for some reason. I stopped, but was rear-ended and pushed into the car in front of me. I remember stopping, and then hearing brakes behind me. Then all of a sudden my milk was all over the place and my car radio was on 10.

The car that hit me didnt have any visible damage( they went under my car as their brakes were locked up ), and from the outside my car just looks like the bumper and trunk got pushed in slightly. And also, my grill is cracked. My radio also got stuck in the "on" positionsomehow. When I opened the trunk to get my tools out to remove my battery cable I noticed that my spare tire well was pushed in enough so that I can see the ground.

Everyone is ok, and Im alittle sore but no worse than if I had played football or something for a few hours.

Question: I think my car will prob be totaled( 2001 honda accord 230k miles ). With the wrinkle in the trunk would you take the money and run or buy it back and just deal w/ the possible alignment issues for awhile? We need a second car, but cant afford to buy the minivan that we want right now.

Question#2: Is there anything that I need to worry about/ look out for since we happen to have the same car company?

Thanks.

Pics to follow later......

This was covered recently with a Lotus. Heed all of the delayed soreness advice!

As for the damage: I'd say take the money and run. Use it as a downpayment on a used minivan and be happy you got out of your old car without having to sell it.

Sorry to hear about the accident.

Yes, from your description, the Accord is a total loss. If the spare tire well is crumpled like that, that's significant floor pan damage. That alone will total an older car. The rear body panel is likely toast too, and the quarter panels may be sucked in. What you decide to do with it will be up to you.

No, no real issues having the same insurance company as the at fault party. The only difference that makes is that the same adjuster can't handle both ends of the claim. So your liability claim against the at fault driver will be with one adjuster and there will be another adjuster assigned to rule out any liability on your part (I know it sounds cut and dry, and it very well could be, but they need to do their investigation).

mrwillie wrote: ...people in the line ahead of me suddenly stopped for some reason. I stopped, but was rear-ended and pushed into the car in front of me.

Keep on harping on the fact that you were stopped. Completely stopped. Not moving at all. It's crucial for liability percentage determinations. Moving, and you're 50% liable for the damage to the car in front of you, and the damage done to your car as a result. Stopped and the car that hit you is 100% responsible.

foxtrapper wrote:

mrwillie wrote: ...people in the line ahead of me suddenly stopped for some reason. I stopped, but was rear-ended and pushed into the car in front of me.

Keep on harping on the fact that you were stopped. Completely stopped. Not moving at all. It's crucial for liability percentage determinations. Moving, and you're 50% liable for the damage to the car in front of you, and the damage done to your car as a result. Stopped and the car that hit you is 100% responsible.

That's actually not true at all. Being in motion by itself does not have a bearing on liability. For instance, if he was slowing to a stop and got plowed from behind and pushed into the car in front, he's still 0% liable.

Thanks for the info so far. This am has been a blur and not in a good way. I didnt know that there was a liability percentage so thats good to know. I know that it wasnt much of an accident but Ive been + -

Thanks for the info so far. I have been out of sorts since this am, but I think I told the cop and the ins guy that I had come to a stop. I know that I heard the other two cars say that I( car#2 ) had stopped. I gotta run to a meeting, but will check back later. I'll prob hold off going to the doctor until tomorrow.

Ibuprofin tonight at a minimum. Flexeril (or equivalent) is preferable. Hot tub is good. Seriously, there is an adrenalin reaction at play right now and your body will stiffen and get more sore for a day before starting to get better.

You will definitely be more sore tomorrow than you are today.

State laws vary. In Louisiana where I grew up the last person in the rear end collision was liable for all the damage no matter what the "real" order was. As for that Honda its probably a total. Hondas are know to crinkle. A friend who is a volunteer fireman called them Honda Accordions because they folded up like one. Give your pain a week or so to clear up. If its anything permanent but not instantly presenting it may show up after the initial spasms clear.

I had one a few years ago. I saw it coming so I stomped on the brakes hard so the wouldn't move me much. The bumper was damaged and I got paid directly through the other insurance company for repairs.

The car got totaled from a deer before, and with the payout minus the buyback I still got it returned to a clean state at a repair shop without additional money. Of course YMMV and for some reason my insurance company likes Mustangs. It was totaled but I still have a clean title.

To stop the rear endings I have started using blinking third brake lights. So far so good.

I was the lead car in an automotive caterpillar a number of years back - I stopped at the intersection because I couldn't clear it due to traffic and a couple seconds later got rear-ended. I remember that the insurance adjuster/investigator/whatever for the person that hit me kept asking me over and over if I was totally sure that I felt two impacts and not just one. I can only assume they were trying to pin the whole thing on the caboose of our little impromptu road train.

Definitely be aware if anything doesn't feel normal over the next couple days. Naproxen is my antiinflammatory of choice these days, but pick one and stay on it for a day or three.

I had a 99 Accord and was rear-ended in a similar situation.

I took the money and had it repaired at a shop of my choosing, drove it for another 100k.

My car had around 100k on it at the time, and was relatively newer, so it wasn't totaled. As I recall the damage estimate was ~$2500. I don't think the trunk pan was damaged much if any, it was a higher impact.

Sorry to hear that, and I'm glad your're alright.

Take the money, Accords are not so rare that one that damaged is worth saving or holding onto unless you have another one that needs parts.

Thanks again for all the info. I had an offsite meeting today and after 2.5hrs of sitting I def felt stiffer when I walked to the car. After 2 alleve, I feel better but still not 100%. Im more "achey" now than anything else. I hate doing this but will prob goto my primary doctor tomorrow just in case.

Do ins companies use any publicly avail tools to determine a vehicle's worth? Like edmunds or something?

State Farm uses NADA, I've gotten clean retail more often than not. In VA, they also cover registration and sales tax.

jharry3 wrote: State laws vary. In Louisiana where I grew up the last person in the rear end collision was liable for all the damage no matter what the "real" order was. As for that Honda its probably a total. Hondas are know to crinkle.

There isn't one thing accurate or correct about anything said above...

Klayfish wrote:

foxtrapper wrote:

mrwillie wrote: ...people in the line ahead of me suddenly stopped for some reason. I stopped, but was rear-ended and pushed into the car in front of me.

Keep on harping on the fact that you were stopped. Completely stopped. Not moving at all. It's crucial for liability percentage determinations. Moving, and you're 50% liable for the damage to the car in front of you, and the damage done to your car as a result. Stopped and the car that hit you is 100% responsible.

That's actually not true at all. Being in motion by itself does not have a bearing on liability. For instance, if he was slowing to a stop and got plowed from behind and pushed into the car in front, he's still 0% liable.

It's a standard metric insurance companies use for liability determinations. You can disbelieve it if you wish, but that doesn't change the reality. Generally speaking, if you're moving and hit the car in front of you from being rear ended, you will be held 50% liable for the collision.

Don't take my word for it, here's Allstate's web page where they show you how they will wash their hands of liability using this sort of thing. http://www.esurance.com/claims-info/accident-info/determining-accident-fault

Here's two rather significant points from that Allstate web page:

"For example, if a speeding driver rear-ends you after you suddenly changed lanes, it may be determined that both of you bear a degree of fault. If the other driver is found to be 60 percent responsible and you're held 40 percent responsible, you may seek up to 60 percent of the settlement from the other driver's insurer, depending on your state's laws."

and

"Pure contributory negligence is an all-or-nothing way of determining fault and who gets to recoup damages. Even if you were just 10 percent at fault in an accident, you wouldn't be compensated for car repairs, injuries, etc. You would need to be completely blameless — for example, your car was struck while legally parked."

foxtrapper wrote: It's a standard metric insurance companies use for liability determinations. You can disbelieve it if you wish, but that doesn't change the reality. Generally speaking, if you're moving and hit the car in front of you from being rear ended, you will be held 50% liable for the collision. Don't take my word for it, here's Allstate's web page where they show you how they will wash their hands of liability using this sort of thing. http://www.esurance.com/claims-info/accident-info/determining-accident-fault Here's two rather significant points from that Allstate web page: "For example, if a speeding driver rear-ends you after you suddenly changed lanes, it may be determined that both of you bear a degree of fault. If the other driver is found to be 60 percent responsible and you're held 40 percent responsible, you may seek up to 60 percent of the settlement from the other driver's insurer, depending on your state's laws." and "Pure contributory negligence is an all-or-nothing way of determining fault and who gets to recoup damages. Even if you were just 10 percent at fault in an accident, you wouldn't be compensated for car repairs, injuries, etc. You would need to be completely blameless — for example, your car was struck while legally parked."

I don't need to disbelieve it, I live it. I work in auto insurance claims, and have for approaching two decades. I'm also an arbitrator who hears cases of liability disputes between auto insurance carriers, so it's my job to know liability as my decisions are binding. No lie, I actually just heard a case this morning similar to what you're describing with one car moving when being hit. It DOES NOT impart 50% liability because one car was moving...doesn't matter what state you are in. Regarding the points you highlighted from Allstate:

In scenario one, that is completely different than 3 cars that are fully established in a lane of travel and then have a "road train" accident. If you suddenly change lanes directly into the path of an approaching car, then yes you will share liability with the car that rear ends you...you may actual bear the majority of liability. That's not the same as 3 cars that have been in the same lane for an extended time when one hits the other (you pick the order of impact).

In the second part, that's simply citing the negligence law of a handful of states. States like VA, MD and DC are what's called "Contributory". That means that if you contribute at all to the accident...even 1%...you are legally barred from recovery for your damages. It doesn't actually decide who is at fault in the accident or how liability is determined...only who can recover once that decision is made. In practice, contributory claims aren't typically denied for just 1% liability, it usually has to be more substantial, such as 10-20%+.

Good, than you should know it. I used to have a handbook of the default insurance industry liabilities for the different accident scenarios. Can't say it was handy, but it was nice to know what to expect as the generic default excuses.

Thanks for all the info. I hope to be able to talk to the adjuster this am. We'll see how that goes.

Let the insurance companies argue it out.

Don't sign off until you have seen a doctor for a complete checkup. Whiplash is the key word.

Feeling a little stiff? This happened to me. I was at the light as a Lincoln hit my old Ranger totaling the front of his car as he went under, bounced me up and into my friend's Pontiac. Two of us went to the hospital. We were all ok, though.

I got lucky. We had the same insurance agent and it was taken care of immediately. The guy who hit me paid for all of it. It bought me a P71.

Glad you're doing OK after that one.

+1 on the delayed soreness. A young woman plowed into me once, and I thought I was fine at first. The soreness came the next morning. Nothing serious mind you, but noticeable.

Can't help on the insurance claim, I was driving a POS beater and the damage just blended in. She was driving daddy's new Caddy and was in enough trouble already. I wished her well and went on my way.

They are totaling out the Elise, and trying to lowball me on the value. Fun fun fun.

Im alittle sore this am, but took some aleve so its not too bad. I'm also trying to get an appointment w/ my doctor as soon as I can. Yesterday, I felt out of sorts and stiff, today I'm just sore. I call that improvement.

As a side note, after a car accident Im usually more cautious than usual and yesterday was no exception. Every bad lane change, or bad driver I saw made me more nervous than usual. As much as I would like some track time at some point, the inevitable "trip off track" or the contact w/ another racer makes me nervous. I would feel real guilty being sore and possibly worse b/c I decided to attend a track school or something on the weekend.