Rear End Jeep Accident - Off-Road Forums & Discussion Groups
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post #1 of (permalink) Old 04-27-2000, 10:27 PM
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Rear End Jeep Accident

I have two questions, the first is- I was rear ended while stopped on a road, the person bumped me hard enough to hit the guy in front of me, whose at fault for me hitting the guy in front of me? (I was about 6ft away and I live in MO-if that has anything to do with laws or whatever).

AND I need a new tailgate for my 94 YJ, if I order one of the 14 Ga steel tailgates out of a catalog for under 150$ does it have all the holes cut out for me to swap my old handle, spare carrier, etc.?

Thanks alot

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post #2 of (permalink) Old 04-27-2000, 10:36 PM
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Re: Rear End Jeep Accident

Did you not get a police report? That will tell you who's at fault. Typically though, you would be at fault for hitting the person in front of you, because you did not provide enough spacing to avoid being pushed into the other vehicle. Well, I say that, but a "car link" is the required spacing. If you had that much clearance then the other driver that hit you would(should) be at fault for the damage to both vehicles. As far as the tailgate goes, I say buy the most expensive one they have, which is usually the one from the factory. The one from the factory is guaranteed to have the correct bolt pattern. I bought one of the less expensive ones the first time I tore mine up, and it didn't last very long before the metal began to tear.

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post #3 of (permalink) Old 04-27-2000, 10:59 PM
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Re: Rear End Jeep Accident

Working with Law Enforcement here in NC, the scenario you described would be descretionary based on several variables. Too make a long story short, if you were abiding by the rules of the road (not in violation of any moving infraction at the time). The person who hit you would be responsible for both vehicles damaged and cited accordingly for failure to control.
Average distance is NOT a car length apart while static, could you imagine how backed up traffic would be if everyone were a car length apart at major intersections? This rule applies only while moving. At any rate, the violator "should" be the one who caused or set the dynamics in motion which resulted in the accident. Hope it helps.
Keeping it tame in NC

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post #4 of (permalink) Old 04-28-2000, 10:47 AM
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Re: Rear End Jeep Accident

I concur with wayne_in_NC. I was in the exact situation - stopped, rear-ended, middle vehicle of 3 involved. The driver I hit (most forward car) took me to court for following to close (I was stopped). My insurance company took the driver who hit me (at 55-60 mph[img]/wwwthreads_images/icons/shocked.gif[/img]) to court just in case the first lawsuit was against me. The judge threw out the first lawsuit, ruled that the driver who hit me had to pay for damage to my car (totaled) and the car in front of me (also totaled). Since the guy failed to show for court (under suepena), the judge also issued a bench warrent for his arrest - OUCH!

OH!, the idiot who caused all this was driving an '80s Jeep pickup.

post #5 of (permalink) Old 04-28-2000, 01:10 PM
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Re: Rear End Jeep Accident

<font color=purple>That's how it should be, but much of the time in MO (that's where I am also) you're responsible for the car you're pushed into. Stupid I know, but it's one of the reason's our traffic IS backed up (people DO leave huge gaps when stopped during rush hour). But, if they ticket the other driver (the one that caused the chain-reaction), that could be in your favor.</font color=purple>

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post #6 of (permalink) Old 04-28-2000, 01:47 PM
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Re: Rear End Jeep Accident

That doesn't make a lot of sense. While you were stopped and until something hit you, life was copacetic. Ergo what put you in motion was the cause, you were an innocent bystander caught in the middle. You had no control over the situation and therefore should not be held responsible. I had a friend get into a similar accident, the guy that hit first and started the chain reaction was to blame for both. The police report determines everything in an accident. You should have received a copy by now, if not, ask for one. A lot of insurance companies won't deal with you if there isn't one.

If that is the case, how much room is considered "enough" so it is the other guy's fault?


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post #7 of (permalink) Old 04-28-2000, 01:50 PM
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Re: Rear End Jeep Accident

<font color=purple>You're right. Makes no sense at all. But, I know a ton of people who've had to pay for damages under these circumstances. Never try to inject common sense where the government and/or insurance companies are involved.</font color=purple>

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post #8 of (permalink) Old 04-28-2000, 02:43 PM
 
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Re: Rear End Jeep Accident

Same thing happened to my brother on long island. The guy's insurance who hit my brother paid 100% of the damage to the rearof my brother's car and 50% of the damage to the front of my brother's car. They said he couldn't prove he didn't hit the guy in front of him before he got rear ended. Insurance companies can be so rediculous. They make millions and millions a year. you'd think they could handle giving out an extra 5 grand when their client is so obviously at fault. Tell me, how are you supposed to stay one carlength back in stop and go traffic on the LIE? Traffic would be backed up the length of long island if everyone statyed a carlength back. Stupid.

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post #9 of (permalink) Old 04-28-2000, 02:57 PM
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Re: Rear End Jeep Accident

Check into getting a good lawyer. Although they might be expensive, you might be able to get off with out paying a dime if the at fault paryt is made to pay court fees and your lawyer's fees.

That situation really sux. I hate insurance companies. I didn't have a lawyer when I should have and got taken advantage of by the insurance commies when I was hit from behind, totaling my bronco II, leaving me with medical bills and reoccuring hip problems. I didn't get a lawyer right away and got screwed by the insurance co. of the woman at fault. They sent me a settling letter for diddly squat. I made a copy of it and sent it back to them with an attached letter, blasting them and telling them they would have to talk to a lawyer from now on If they wanted to reach a settlement with me. I should have followed my dad's advice and gotten a lawyer in the first place. Now I still have reoccuring hip and neck pain, after 2yrs of chiropractic care. I have been told by doctors not to expect a 100% recovery. I didn't believe it then, but I should have gotten a lawyer. My pain and suffering has been worth more than $100, which is what I got for it from the Insurance Commies.

If you don't know the laws, get a lawyer that does.
Good luck...


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post #10 of (permalink) Old 04-28-2000, 03:49 PM
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Re: Rear End Jeep Accident

Wayne...good explination and correct.
The key here is who set the dynamics in place....and what you were doing at the time of impact....if you are leagally stopped (and it doesn't matter if you were 2" from his bumper)..he is at fault. I wouldn't bother with a lawyer...why give them any money in such a clear cut case...your first contact with the insurance company should be "Fix my car!" The first time they hesitate or make excuses tell them to stop BS'ing and fix or pay for it or you will get a lawyer. Now, if the guy in front of you trys to take you to court, just refer it to your insurance company...its their job to take care of it.

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