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Discussion Starter · #1 ·
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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Discussion Starter · #2 ·
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.

Fun, not Safety, is paramount

 
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Discussion Starter · #3 ·
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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Discussion Starter · #4 ·
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/wwwthreads_images/icons/shocked.gif) 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.
 
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Discussion Starter · #5 ·
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.

TEX

/wwwthreads_images/icons/wink.gif Got Mud?
G.U.M.B.O. Mud Racing
 

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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?

JEEPN
'81 CJ-8 Scrambled!
GM151/SM465/NP205 twinstick/7"Lift/33"TSL's/IHC D44's 4.10's Lock'd
 
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Discussion Starter · #7 ·
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.

TEX

/wwwthreads_images/icons/wink.gif Got Mud?
G.U.M.B.O. Mud Racing
 

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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.

Sean

 
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Discussion Starter · #9 ·
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...

Robert87yj/wwwthreads_images/icons/tongue.gif
engine rebuild w/4.0 head done, now for the MPI
 
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Discussion Starter · #10 ·
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.

John......southern CA
84CJ7, 3"lift, 32"BFG, 4.10's, ARB Locker, Solid Axle's, Durabak
 
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Discussion Starter · #11 ·
I'm in Lawyers-ville USA... was the front car in a 3 car fenderbender. The 15yr old girl that started the whole thing (un-insured, un-licensed of course) was driving her daddy's dodge minivan, Rear ended a Full size Chevy Van, which hit me. It hit hard enough to push his radiator into the fan, and my spare tire rack got pretty well crushed. Her Fathers insurance Paid ALL damages. They Totaled out the FS Chevy, and wrote me a FAT check. i put on a new tire rack, new bumperettes (not even dented from the trail /wwwthreads_images/icons/smile.gif) and bought myself a Waterski. The person that started it is at fault, at least here in So Cal
Had they decided not to pay, i would have had to sue the guy in the FS Chevy for my damages, who would have had to sue the MIniVan, for his damages + My damages

Good LUck
BJ

"If you chose not to decide, you still have made a Choice" RUSH
 
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Discussion Starter · #12 ·
Just for the fun of it, here's how it works in Norway:

I got rear-ended in my Ford Escort pickup (*noting* like an US Ford...)

Anyway, i had nearly finished the turn, to get off the main road to work, when
a Chevy truck came .....
He hit me in the right rear corner, which made my small pickup make a 90 degree
extra turn.
He smashed the rear right corner, tailight and chrushed the right part of the tailgate.

What did we do ??
In Norway, every car *has* to have a paperwork, which is a sort of "damage" report. *both* parties writes stuff like name, address, car identity, insurance company etc.
Then, there are an area where you can draw a simple sketch of what happened.
Also there are tick-off boxes for the most common accidents, like "hitting other car from behind", "slide of road".
The important thing for me, was to make sure that the other guy ticked of the "hitting other car from behind" box. He did.

The paper is in two parts, (one beeing an exact duplicate of the other, it uses "tru-print" (??))
Each driver gets a copy, which are to be signed by both parties.

Then, i sent my part (with my additional version of the incident), to my insurance company. The other guy did the same.
Also, every insurance company has a telphone #, which you are using to report the accident as soon as possible.
About a week later, i got a letter from my insurance company, where they aknowledge the incident, and they agreed with me, that the other insurance company should be resposible for the damage.
About a week later, i got a call from a very helpful person in the other insurance company, stating that they aknowledged the resposibility, and adviced me how to get the damage fixed.
On his advice i got an estimate of the cost to fix the damage, and got two choices: Get the car fixed or get about 2/3 of the cost in hard cash. I choosed the second option, because i can fix the damage myself. Only thing i will need to buy, is a "new" (from a wrecking yard) taillight.
Oh yes, the damage was estimated to about $ 2000, and i got $ 1400 in hard cash.

Whole thing was handled in about 3 weeks.
End of story.

Regards,
PerJ (From Norway)

<[email protected]>
Using self-discipline, see http://www.eiffel.com/discipline
 
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Discussion Starter · #13 ·
I also believe that the offending vehicle should be responsible for damages to the other two vehicles.

As a rule of thumb, I always leave enough space (if you can see daylight from over your hood and under their bumper) between myself and the vehicle in front of me. This allows you enough room to get by the vehicle in front of you if it breaks down and cannot move. Doesn't leave you stuck in traffic waiting to get around it.

Cutch 88YJ
 
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