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Complaint 13 of 13 in "Rear Ended"
Insurance Carrier: Geico
I was driving down I-20 at night from a football with my 15 year old son. i got off the ramp and didn't see any cars. I was already 1 mile down the road from the ramp, (I have pics & video to prove this) the driver never slowed down and hit dead center in the back.
No other cars were in the other lanes. Douglas Co. charged me with accident for not yeilding right way. My car is total & the other drove. My insurance says it I was not at fault. I have a ticket, tow charge, and no car! And, he wants to sue! Can anybody help me?
Insurance Expert Answer:
It sounds to me as if you were largely in the right if the other car hit you in the rear and that's all there is to it. Your insurance company seems to agree. Fortunately you have liability insurance and it will defend you.
Of course, I an not a GA lawyer and have no idea as to whether there was any intersection where you failed to slow down or yield, if the lights on your car were on, if the other driver or you were drinking, the rates of speed, road conditions, etc.
If you have collision insurance, your company will pay you the fair market value of your car less the deductible and take the remains and sell it for parts or salvage.
If you or your son sustained any meaningful personal injury, then you should see a lawyer who handles auto accident cases; www.AttorneyPages.com lists many great lawyers.
As for defending the ticket, that is important, especially if there is a possibility of litigation as a plea of guilty or a finding against you could largely determine the outcome of a case -- if they sue you or you sue them. Ask a local lawyer and your insurance company.