Expert: Bennie719 - 1/9/2009

Question
My 16 year old son was involved in a 4 vehicle accident. The 1st SUV abruptly stopped to turn left with no signal. The 2nd car hit the brakes but never completely stopped and the 3rd truck (my son)hit his brakes but slightly bumped the 2nd car. His bump caused no initial damage to the 2nd car and the police estimated my son's speed at 2mph with $0 damage done to his truck. The problem is the 2nd car claimed when he was hit he turned to the left to avoid hitting the 1st car in doing so he completely crossed the center line and was hit by a school bus ending up in a ditch. The bus caused his damage, I think the 2nd car knew he could not stop and was preparing to turn left before my son tapped him because the only slight damage is to my son's left bumper and my son and the bus driver could not understand why he crossed the center line. Should the 2nd driver not be at fault also for failing to maintain control of his vehicle? I've been rear ended twice much harder than this collision and my car only moved a few inches because my foot was on the brake and steering wheel straight. Sorry this is so lengthy, I just don't want all this pinned on my son because he's 16. It was dark, foggy and misting when this happened, a recipe for disaster.

Also, both he and the driver of the 2nd car have the same insurance company, will this hurt or help? Thanking you in advance for your help and knowledge. Hope to hear from you soon.

Mary


Answer
Hi Mary,

I agree with you that the circumstances of the accident and the statement of driver #2 are certainly grounds for suspicion.

Fortunately, suspicion is not a factor in settling a claim, but based on the verifiable facts of the accident from a combination of factors including the statements of all drivers, the inspection of all vehicles , the police report and opinions and conclusions of the police officer plus any statements from witnesses.

There is no question that your son failed to drive  in such a manner as to be able to bring his car under control.

The fact that your son and the driver of car #2 have the same insurance company should have no bearing on the resolution.  Each will be assigned a separate claims adjustor whose job is to work for their client.

By using all available facts, the adjustors will come to an agreement that is hopefully satisfactory for all involved parties.

I hope that you find this information to be of help.

Sincerely,
Bennie
San Francisco Bay Area