Lots of variables that may make a difference to the insurance company as to fault. Based on your statement either she's at fault or they may call it a draw. It depends on whether they feel you were going to fast or had time to stop and didn't. Just because you hit her in the rear doesn't necessarily make it your fault. Just be careful with your statement to the insurance company. And, don't sign off on any injury claim until the fault is assigned.
It may depend on how aggressive your insurance company is. They may fight to claim the lady is at fault or they may yield and accept blame or more commonly agree to split liability where they claim a certain % at fault and the other company claims % fault. I had situation where my company agreed to 25% fault and the other company agreed to 75% fault to settle the claim.
I also think that since she was crossing traffic and cut off your right of way, it is mostly her fault. I believe in Illinois you can't be totally blameless, so you have some fault (at least here).
I agree that the one behind the other generally is considered the one at fault.
Was there a police report?
They usually don't put fault down on their report, and only enter what they see based on looking at the cars after the accident. This could be bad, because they didn't see you going through the intersection, and would just look at the car (you hit her back side). I would guess the police report would lean in her favor.
Wow...lots of responses. To answer a few questions, there was no police report as there was very little damage. All we did was exchange information.
This did not happen at a traffic light or intersection. She was turning left into a parking lot from the opposite direction as I. I was in a right turn only lane about 100 yards from an intersection. The traffic had backed up from the light and a small hole was left for her to turn which I was unable to see. She jetted out in front of me when I was only about 10-15 yards from her (it was wet out so I was unable to stop even though I was only going about 15mph). I hit her going about 5-10mph.
Anyway, maybe I'm just being hopeful but I cannot believe this would be my fault. I've gone ahead and alerted my insurance company and told them the specifics, I'll be talking with them further I guess.
No real damage to my wife's mustang though, I think I'll be able to mostly buff out the scratches that were made. More importantly, no injuries to anyone involved.
Wow...lots of responses. To answer a few questions, there was no police report as there was very little damage. All we did was exchange information.
This did not happen at a traffic light or intersection. She was turning left into a parking lot from the opposite direction as I. I was in a right turn only lane about 100 yards from an intersection. The traffic had backed up from the light and a small hole was left for her to turn which I was unable to see. She jetted out in front of me when I was only about 10-15 yards from her (it was wet out so I was unable to stop even though I was only going about 15mph). I hit her going about 5-10mph.
Anyway, maybe I'm just being hopeful but I cannot believe this would be my fault. I've gone ahead and alerted my insurance company and told them the specifics, I'll be talking with them further I guess.
No real damage to my wife's mustang though, I think I'll be able to mostly buff out the scratches that were made. More importantly, no injuries to anyone involved.
So: she crossed in front of you to enter the parking lot, and crossed in front of you while you were driving along in the right-hand lane. You hit the back of her car as she did not clear the lane before you got that far. From my perspective, she pulled in front of on-coming traffic: it was 100% her fault. Note: if there is no police report or other statement you may be considered 50% at fault... and up goes your insurance.
Well, I'm not too worried...married and 25 means low car insurance, there really wasn't much damage to speak of so I'm forever hopeful that insurance will not increase too much.
Lets see, the accident was not in the parking lot. My insurance company (USAA) did not really advise me to do anything. They got my "testimony" and will get hers once (if) she calls them. I might call them back tonight and further explain how the accident wasn't my fault.
I would not follow up on this at all unless the blame lands on you or your rates go up because of it, or unless you want her insurance to pay for your repairs, which they should. In fact, your insurance company should subrogate her insurance company to recover your deductible.
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