Following too close cause for breaking?

[AZDave]

Just got a call from an insured asking for advice. He was driving with the flow of traffic doing 50 and the lady in front of him didn't like it that he was following that close so she hit her brakes! My insured is pulling a trailer and could not avoid hitting her, not a big impact, but he connected. Instead of being pissed at her, he accepts the liability on his own and tells her he will pay for the repairs.

Estimate form body shop is provided and he pays it - around $1000. Now comes a supplement from the body shop for a couple hundred bucks, and he is refusing to pay, tells her she should assume some of the blame. Claimant now has turned it into her insurance company and are calling him for a statement.

"Now your calling me?" !

Is he screwed? Because he accepted liability at the accident and paid the initial estimate, I think he owes the rest. But, from a liability end, she is the one who is more liable, just can't create an accident because someone is following too close. Tell her to pound sand, he has paid enough! If he turns it into his Carrier they can deny the whole thing since he is assuming their liability.

Conundrum.

 

[adjusterjack]

Sorry, Dave, he was negligent from the getgo whether he admitted it at the scene or not.

Brake checking is not negligence. It's a warning to another driver that he's too close. And hitting the car in front of him under any circumstances makes him at fault.

Accuse her of brake checking and all she has to say is that she braked because traffic was bunching together up ahead and NOBODY would believe otherwise. She has no liability for her damage.

Tell him to pay the additional amount or you will have no choice but to report it to his carrier (or her carrier will pay and subrogate) and I will guarantee that your customer's claim rep will pay for the other car's repairs and surcharge his policy for an at-fault accident.

No conundrum at all.

 

[VolAgent]

If someone brake checks you and you hit them, then you obviously were following too close for the conditions and ability of your vehicle...

I feel bad for him, that was a jerk move on her part, but this is the whole reason you are supposed to keep following distance.

 

[adjusterjack]

that was a jerk move on her part,

No, it wasn't. I can't tell you how many times I've been tempted to do it to the *** riding my bumper.

 

[VolAgent]

No, it wasn't. I can't tell you how many times I've been tempted to do it to the *** riding my bumper.

Sorry, disagree with that. Yes, tailgating is also a jerk move and very stressful. But so is intentionally getting hit, which is the risk you take when you break check someone.

However, I really have no sympathy for someone towing a trailer who is tailgating, that is an *** move.

 

[AZDave]

Brake checking is not negligence. It's a warning to another driver that he's too close. And hitting the car in front of him under any circumstances makes him at fault.

Wow, now I know! Thanks for making it black and white. Thought there would be some comparative negligence on the claimant.

 

[adjusterjack]

Wow, now I know! Thanks for making it black and white. Thought there would be some comparative negligence on the claimant.

Run it by one of your auto carrier's liability claim reps just for giggles.

 

[Josh]

Wow, now I know! Thanks for making it black and white. Thought there would be some comparative negligence on the claimant.

It's REALLY hard for someone to be at fault when you rear end them. I had one personal claim in a super weird situation, the guy was stopped at a light and I was behind him. He decided to back up. I honked my horn frantically and he ended up hitting my car. I called the cops and he admitted that he backed up, but if he had said I hit him I doubt anyone would have believed me.

If you have your car moving forward and it hits something, plan on it being 100% your fault.

 

[VolAgent]

It's REALLY hard for someone to be at fault when you rear end them. I had one personal claim in a super weird situation, the guy was stopped at a light and I was behind him. He decided to back up. I honked my horn frantically and he ended up hitting my car. I called the cops and he admitted that he backed up, but if he had said I hit him I doubt anyone would have believed me.

If you have your car moving forward and it hits something, plan on it being 100% your fault.

Yep, about the only way you'll get out of it is with a witness or the person admitting they did something colossally stupid.

I really have to wonder about a woman who brake checks a truck pulling a trailer (I assume this was the case). Does she brake check 18 wheelers too? Sure, its their fault they hit you, but that can do a lot of damage.