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Posted: 8/25/2023 9:22:17 AM EDT
[#1]
What has her insurance company said?
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Posted: 8/25/2023 9:23:00 AM EDT
[#2]
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Posted: 8/25/2023 9:32:55 AM EDT
[#3]
Well yeah, if she ended up stopped in a travel lane, and got hit, it somewhat is her fault. Pull off to the shoulder with the momentum you already have…. (And don’t try limping an unreliable car onto the freeway either- that might be an issue as well, or maybe not). It is generally not legal, nor smart, to just stop in the road, except for an actual emergency, and an engine stalling really isn’t an emergency by itself, because you should be pulling off onto the shoulder.
If she was on the shoulder, with her hazards going, then I would say she is not at fault. Now if there is no shoulder anywhere, well this is where not taking an unreliable vehicle onto the freeway might come in. Whether she had her hazards on matters as well. Anyhow- just deal with the insurance companies, such is life. I know of people who were killed in circumstances like stalling out on the freeway in the travel lane, so she got lucky if she did not get hurt. <——- crash investigator. But this is pretty minor it sounds like, so someone like me probably did not/will not be involved. |
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Posted: 8/25/2023 9:34:25 AM EDT
[#4]
I got rear ended...
Now my car won't start. |
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Posted: 8/25/2023 9:46:16 AM EDT
[#5]
FWIW, I remember reading a news story not long ago about a guy getting charged with two counts of manslaughter (if memory is correct) after he slowed/stopped on a freeway and caused an accident that killed two people.
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Posted: 8/25/2023 10:54:40 AM EDT
[#6]
Quote HistoryQuoted: Well yeah, if she ended up stopped in a travel lane, and got hit, it somewhat is her fault. Pull off to the shoulder with the momentum you already have…. (And don’t try limping an unreliable car onto the freeway either- that might be an issue as well, or maybe not). It is generally not legal, nor smart, to just stop in the road, except for an actual emergency, and an engine stalling really isn’t an emergency by itself, because you should be pulling off onto the shoulder. If she was on the shoulder, with her hazards going, then I would say she is not at fault. Now if there is no shoulder anywhere, well this is where not taking an unreliable vehicle onto the freeway might come in. Whether she had her hazards on matters as well. Anyhow- just deal with the insurance companies, such is life. I know of people who were killed in circumstances like stalling out on the freeway in the travel lane, so she got lucky if she did not get hurt. <——- crash investigator. But this is pretty minor it sounds like, so someone like me probably did not/will not be involved. I'm not going to refute your experience, but it's not as cut and dry as "Pull off to the shoulder with the momentum you already have". A couple years back. I was driving a rental car that died. It was going fine, then the AC stopped working. Not enough for me to think the car is going to die, the clutch could've went. Then, almost instantly, every single warning light came on and the car died. Like, dead. Steering locked-up and the brakes were hard as a rock. What's even better is the P-brake was the electronic push-button. I was barely able to use the foot pedal to slow down and it came to rest about 40% over the shoulder line. The four ways wouldn't even work...dead. Luckily, I had a coworker behind me in the work van. We gently pushed it a bit more, to get it into the shoulder, and I called the rental place. So, in the middle of a highway, I would've been fucked. |
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Posted: 8/25/2023 10:59:33 AM EDT
[#7]
Was her car in a legal and safe position when it was hit?
You say "stalled on the freeway". What does that mean? In a lane, was it light out, warning devices, and so on. As for a rental car, she should have had that option on her policy. |
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Posted: 8/25/2023 11:01:17 AM EDT
[#8]
Since she has full coverage then my advice is for her to file a claim against her own policy so she will be taken care of and let her insurance company deal with the ither insurance company.
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Posted: 8/25/2023 11:01:18 AM EDT
[#9]
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Posted: 8/25/2023 11:11:21 AM EDT
[#10]
At the very least it seems like the other carrier is going to put some negligence on her. If she has full coverage, she should go through her carrier.
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Posted: 8/25/2023 11:57:20 AM EDT
[#11]
Why do people call the other person's insurance company when they are in a wreck? You arent paying the other company so why would they do anything to help you?
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Posted: 8/25/2023 12:40:21 PM EDT
[#12]
Quote HistoryQuoted: Why do people call the other person's insurance company when they are in a wreck? You arent paying the other company so why would they do anything to help you? |
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Posted: 8/25/2023 1:51:53 PM EDT
[#13]
The car suddenly died and left her in the road. Interstate 45 . 4 lanes of traffic each way. The car behind her immediately clipped the rear passenger side. I told her to let her insurance handle it so we will see what happens
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Posted: 8/25/2023 2:16:25 PM EDT
[#14]
Just found out she only has liability insurance ??
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Posted: 8/25/2023 2:19:29 PM EDT
[#15]
Quote HistoryQuoted: Just found out she only has liability insurance ?? The plot thickens |
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Posted: 8/25/2023 2:21:12 PM EDT
[#16]
Quote HistoryQuoted: The car suddenly died and left her in the road. Interstate 45 . 4 lanes of traffic each way. The car behind her immediately clipped the rear passenger side. I told her to let her insurance handle it so we will see what happens Did she know the car was a broke down POS? |
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Posted: 8/25/2023 2:26:29 PM EDT
[#17]
Just tell her to answer the phone with "Hola", and "no hablo ingles" for the next year. She'll be fine.
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Posted: 8/25/2023 2:31:02 PM EDT
[#18]
So, the car died "upon impact"
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Posted: 8/25/2023 2:32:45 PM EDT
[#19]
Quote HistoryQuote HistoryWrong Star Trek character...it should have been Sulu. |
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Posted: 8/26/2023 7:52:57 AM EDT
[#20]
Quote HistoryQuoted: Did she know the car was a broke down POS? It’s not. It’s a 2012 Audi a5 In good condition. Or was. |
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Posted: 8/26/2023 8:03:14 AM EDT
[#21]
Quote HistoryQuoted: Was wondering the same thing. I’ve seen this in a few accident related threads recently. Quote HistoryQuoted: Quoted: Why do people call the other person's insurance company when they are in a wreck? You arent paying the other company so why would they do anything to help you? Never ever talk to the other insurance company. Never. |
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Posted: 8/26/2023 8:10:10 AM EDT
[#22]
Quote HistoryQuoted: Just found out she only has liability insurance ?? She has no recourse until the two insurance companies fight it out or take it to arbitration. That can take 30-60 days before fault is determined. Was a police report filed? TX is an at fault state if a vehicle was disabled, there was an injury or property damage occurred. She’s fucked. |
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Posted: 8/26/2023 8:40:29 AM EDT
[#23]
Quote HistoryQuoted: It's not. It's a 2012 Audi a5 In good condition. Or was. Sounds like she needs a more intelligent network of people around her to give advice. I have comp on a 97 F250 I have not drove in 3 years. |
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Posted: 8/26/2023 9:02:17 AM EDT
[#24]
Quote HistoryQuoted: Why do people call the other person's insurance company when they are in a wreck? You arent paying the other company so why would they do anything to help you? In my case, I have only liability coverage for a shitbox I use once or twice a week. If I get hit in it, I'll have to file a claim against the other vehicle's insurance. |
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Posted: 8/26/2023 9:17:50 AM EDT
[#25]
Quote HistoryQuoted: Was wondering the same thing. I’ve seen this in a few accident related threads recently. Quote HistoryQuoted: Quoted: Why do people call the other person's insurance company when they are in a wreck? You arent paying the other company so why would they do anything to help you? At least in Michigan which is a No-Fault state we have what is called Mini-Tort. As the non At-fault driver you are eligible to collect (last time I did such) from the at-fault driver’s insurance company $1000 to cover damages to your car if you do not have full coverage insurance or to cover your deductible if you have standard full coverage instead of Broad Form which covers your deductible whether or not you are at fault. |
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