need advice (accident)

[Kejtar]

OK, I was on the way to valley M&G and I was at a red light. As the light turned green we all started moving (I was I think 3rd car in) and suddendly all the vehicles in front of me start hitting brakes. The first guy stops, the second one stops, I stop... on the 2nd one. What happened was, a police car entered the intersection without lights or siren and stopped part way in (he had a red light). When that happened it looks like the first guy slammed the brakes and caused the chain reaction which ended up with 2nd and 3rd vehicle colliding (me and the astro van in front of me). At that point the cop looks at us, makes eye contact with me, turns the siren on and splits!!!!

What sucks is that people around us rolled the windows down and said: it's the cops fault and then they took off. So me and the guy in front of me pull off to the side and take down info. Now here's the kicker: my bumper held up good. My shackle mount did a nice job of punching a hole in his lower right door. Also it looks like I hit it at enough of an angle to cause some damage to structure behind the hinge (I could see a dimple plus his hatch popped open and his rear lower hatch door close funny and open up hard). He's going to take it to a body shop to figure out what's the cost and then he's going to give me a call. In the mean time any suggestions ? I"m thinking that I want to track down the cop that was there and split, any ideas as to how to go about doing that? Anything else? (btw the other guy has all my info but insurance info) Do I want to notify my agent?

 

[WHEEL'er-DLR]

most cases in calif., accidents are 'no fault' w/o a police report. you pay for your damage and the other guy for his. unless you admit fault, Idea: was there one of those ticket cameras at that intersection? if so, you can get a copy...if not you both should contact your ins. agents and your ins. companies contact the PD. good luck....

 

[Kejtar]

most cases in calif., accidents are 'no fault' w/o a police report. you pay for your damage and the other guy for his. unless you admit fault, Idea: was there one of those ticket cameras at that intersection? if so, you can get a copy...if not you both should contact your ins. agents and your ins. companies contact the PD. good luck....

No ticket cameras which really sucks (it would have been nice to have it there ). I'm thinking about giving the story to my agent as it happened and see what she says.

 

[Bent]

Any red light camera's? Get the # off the squad car? Need whitnesses, most people run the same route day in and day out. Post a sign, you might be suprised at the people who come foward to poke back at jonn law.




2 cents



TIM

 

[Kejtar]

Damn I love my agent Just talked to her and she told me to wait till the other guy gets an estimate from the body shop and then decide. Also the insurance adjustors/someone might go after PD if both me and the other party blame the cop for entering the intersection on a red light

 

[Brendan_91XJ]

Should have called the police to get an accident report. If the cop that ran the light was not on a call, he may have been assigned to take a report.

 

[Kejtar]

Should have called the police to get an accident report. If the cop that ran the light was not on a call, he may have been assigned to take a report.

Damn.... I didn't think about that..... but then again I don't know if I wanted HIM to take that call cause he'd interpret things his own way.

 

[red91]

Damn.... I didn't think about that..... but then again I don't know if I wanted HIM to take that call cause he'd interpret things his own way.

Most cops patrol a regular area. You could call the local PD and ask WHO would have been in that area, at that time. AND THEN....pay him a visit at the station.

If you and the other driver could I.D. him....HE as a police officeer fled the SCENE of an ACCIDENT.

BIG BIG NO NO !!!

Other call or not. You'd also be able to find out if there was another call at that time. They keep track of EVERYTHING.

 

[Jump This]

Remi, the last time I had an accident, we called the police and they told us if if nobody was injured (and the road was clear) they would not send out a car, requested or not.
As has been noted prior, let your insurance company go after the PD. I'm not sure about 'Dealers' no fault claim. You (the car in the rear) most often will get the 'blame' for an accident like that one. That would have your insurance paying for the damage to the car in front and you needing to pay your deductable for the damage to your rig....(are you a magnet for vehicle damage?
Anyway, glad no personal damage to you!
Rick R

 

[Letterman]

Wow, does no one understand the law?
You hit a car, because you could not stop in time, it is your falt 100%, you need to be able to stop in time. You need to keep a safe distance from the car in front of you, it does not matter why he/she stoped, you need to be able to stop before you hit him/her. It is now your story and the other persons story, and no need for the Cops to come out if there is no injured.

It is kind of like in the car pool lane, if you go the posted speed limit of 65MPH and the lane next to the car pool lane is stopped. If a car pulls out in front of you from the slower lane and you hit it, it is 100% your falt. CA law says the speed limit is 5mph over the traffic around you.

 

[cbremer]

CA law says the speed limit is 5mph over the traffic around you.

do you have a vehicle code section for this? i'm curious. first time i've ever heard of it.

 

[JAGx1414]

yea that one doesnt make sence.. i know that technically it does.. if everyone is going the same speed then there would be no problems... but i think cops wil go after anyone if they are going more than 5 above the posted speed limit no matter what state you are in

 

[cowboyb65]

ok if i understand right you were stopped and the car behind you was also right then car # 4 rearended car # 3 and pushed it into you and you into the next car ?? ok that makes it car #4s fault and yes if you rearend someone it is your fault (unless you were stopped or they pulled in front of you in the carpool lane then ( that makes it there fault for obstrucing traffic the 5 mph r5ule only applies to motercycles if your gonna quote law be sure you know it expecially if going into court ) you can find out the laws at your local county law libary also you cannot block or pull out infront of traffic i know this being a truck driver had it happen to me someone tried it and got ticket #2 cuase i almost hit them

 

[cowboyb65]

oh ya it was there ticket btw

 

[WHEEL'er-DLR]

by expierence....it's no fault. unless..you and the other driver agree who's fault it is, or you have a police report in which the officer will still not determine fault. he or she will simply write the report. the ins. co will determine fault. If it's obvious then the ins. co will pay-up. if not...no -fault unless you sue the other driver.
i own a car lot and have dealt with this three times.
first time: driver backed into me at wendy's ..he admited fault and gave to ins. co. they paid.
second time: lady hit my daughter in a resendintial neighborhood intersection. she ran a stop sign...told us to go to hell! no injuries..no cops..no report. her word against ours.
third time. semi-truck hits me in a intersection. i was stoped for a red light. he turnes left in front of me and hit me. luckily, cop drove by and saw it. would not determine fault...but written report of what happened determined fault. [ after all that, your ins. co. will determine what to do. they will always...tell you..DO NOT ADMIT FAULT! ]

 

[Kejtar]

Wow, does no one understand the law?
You hit a car, because you could not stop in time, it is your falt 100%, you need to be able to stop in time.

Not true anymore. Law has changed couple years back due to all the forced accidents to exploit ins companies. It has something to do with the fact that you need to be able to stop in time and be able to expect the stoppage and it being reasonable. Anyways, yeah I was too close, I was starting from a full stop at an intersection. At that point EVERYONE ALWAYS is too close, otherwise people would never get to where they were going.
As to the cops? Well that ahole is the cause of the accident: he came into an intersection partway with no lights and no siren. In my book that's running a red light and then after seeing the accident he bailed (I believe that this qualifies under escape from the scene of an accident?).

It is kind of like in the car pool lane, if you go the posted speed limit of 65MPH and the lane next to the car pool lane is stopped. If a car pulls out in front of you from the slower lane and you hit it, it is 100% your falt. CA law says the speed limit is 5mph over the traffic around you.

Again, if a car pulls in front of you and cuts you off and you hit it, it's not your fault. There is no way anyone can take into account what the idiot in the lane next to you does.
In regards to the 5mph over.... never heard anything about that and never seen that one on the books, so I'm not commenting any more about it then huh?

 

[Letterman]

do you have a vehicle code section for this? i'm curious. first time i've ever heard of it.

I can't beleave no one has ever heard of anyone getting into a wreck with the carpool lane. It falls under the Basic Speed Law and safe speed. It is Just like the speed limit ticket, anyone 5 miles over or under the posted speed is guilty of an infraction if road, weather, visibility and trafic are all in good conditions.
I know because a good friend of mine was hit from behind in a carpool lane, his wife was in the hospital for a week.

Here is your code:

California Vehicle Code Division 11 - Rules of the Road
Chapter 7. Speed Laws
Article 1. Generally

Basic Speed Law
22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

by expierence....it's no fault. unless..you and the other driver agree who's fault it is, or you have a police report in which the officer will still not determine fault. he or she will simply write the report. the ins. co will determine fault. If it's obvious then the ins. co will pay-up. if not...no -fault unless you sue the other driver.
i own a car lot and have dealt with this three times.
first time: driver backed into me at wendy's ..he admited fault and gave to ins. co. they paid.
second time: lady hit my daughter in a resendintial neighborhood intersection. she ran a stop sign...told us to go to hell! no injuries..no cops..no report. her word against ours.
third time. semi-truck hits me in a intersection. i was stoped for a red light. he turnes left in front of me and hit me. luckily, cop drove by and saw it. would not determine fault...but written report of what happened determined fault. [ after all that, your ins. co. will determine what to do. they will always...tell you..DO NOT ADMIT FAULT! ]

Yeah that is sad but true, it is a great idea to have a camera handy, also a photo can really help. If you are 100% sure it was not your falt, say you have back pain, the cops have to show up, and take a report.

 

[cbremer]

I can't beleave no one has ever heard of anyone getting into a wreck with the carpool lane. It falls under the Basic Speed Law and safe speed. It is Just like the speed limit ticket, anyone 5 miles over or under the posted speed is guilty of an infraction if road, weather, visibility and trafic are all in good conditions.

ah yes the good ol' basic speed law- that's what i thought you were talking about, but it threw me because there is no reference to 5 mph. also, it is illegal in any event to exceed the posted speed limit, just ask the people who get ticketed for going 67 in a 65 zone.

with regard to the carpool lane, it's also illegal to make an unsafe lane change, so if someone's going the posted speed limit in the carpool lane and someone going 10mph in the #1 lane decides to pull in front of him (with nowhere near enough time/space to get up to speed), i'd argue that he just executed a very unsafe lane change, and that's assuming he didn't cross the double-double yellow lines or commit some other violation at the same time. the joys of so. cal. roads & freeways

 

[Letterman]

ah yes the good ol' basic speed law- that's what i thought you were talking about, but it threw me because there is no reference to 5 mph. also, it is illegal in any event to exceed the posted speed limit, just ask the people who get ticketed for going 67 in a 65 zone.

with regard to the carpool lane, it's also illegal to make an unsafe lane change, so if someone's going the posted speed limit in the carpool lane and someone going 10mph in the #1 lane decides to pull in front of him (with nowhere near enough time/space to get up to speed), i'd argue that he just executed a very unsafe lane change, and that's assuming he didn't cross the double-double yellow lines or commit some other violation at the same time. the joys of so. cal. roads & freeways

A 67 in a 65? That would be tossed right out of coart, no way anyone could be expected to keep right on the speed limit. No way to watch the speed-O that close and watch the road, that would be unreasonable.

You have a good point with the "with nowhere near enough time/space to get up to speed" but you have to remember the safe speed limit is what the traffic is doing around you. If everyone is going 10mph that is now the "SAFE" speed limit. Just the same as if everyone is going 25 mph because of snow even if it is posted 55 mph, or if everyone is going 65mph and one is going 30 mph, just as unsafe.

Now with all that said, if you do go 15mph in the carpool lane you are going to have someone tailgating your bumper, and I am not talking about the double-double yellow lines or the off to the side carpool lanes, only the ones that are dashed white lines.

 

[BruteXJ]

Wow, does no one understand the law?
You hit a car, because you could not stop in time, it is your falt 100%, you need to be able to stop in time. You need to keep a safe distance from the car in front of you, it does not matter why he/she stoped, you need to be able to stop before you hit him/her. It is now your story and the other persons story, and no need for the Cops to come out if there is no injured.

It is kind of like in the car pool lane, if you go the posted speed limit of 65MPH and the lane next to the car pool lane is stopped. If a car pulls out in front of you from the slower lane and you hit it, it is 100% your falt. CA law says the speed limit is 5mph over the traffic around you.

B.S.

My wife rear-ended another Explorer on a rainy night on a downhill when the other driver (stupid @$#%&*!) on her phone missed her turn and slammed on her brakes at a green light. You are not responsible for the stupidity of others. If your state says you are, fight to change it.

The Judge agreed with my wife.