Expert: Richard Hixenbaugh - 7/26/2009

Question
QUESTION: My son was in the #1 lane following a large SUV. Traffic is traveling at normal speed. Suddenly the SUV pulls to the left along the center divider (no shoulder) and a sedan appears slowed or stopped (no break lights showing and no hazard lights on and my son hits the sedan but not hard enough to trigger his air bags. Who would be at fault under these circumstances?

Also, repair shop says car is totaled but insurance still wants a salvage company to check it out before they can give us a dollar amount.  If car is drivable, and we take it back w/o the repairs, how will the insurance compensate us?

ANSWER: Hi Cindy,

In this situation your son would be considered at fault. A driver is required to ALWAYS be in control of there vehicle.

The insurance company is checking with a salvage company to get a bid of what they could sell the salvage for. If you keep the vehicle, the insurance company will deduct the amount they could have sold the salvage for from your settlement. It is usually not a good idea for you to keep the salvage. The vehicle will always have a salvage title or rebuilt title which will cause the vehicle to only be worth 50% or standard value.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: I was hoping for a more possitive answer but was proabably not being realiztic.  Do they ever consider the circumstances as it seems some accidents are unavoidable.  The driver he hit did acknowedge the presence of the LARGE SUV that swerved.

I can tell you are honest and knowledgeable with your answers and appreciate your prompt response. Wish there were moer people like you in the world.

Answer
Hi Cindy,

It is very rare that when you rear end someone that the other vehicle would be considered even partially at fault. The law sees it that if you are traveling at a safe speed for conditions, at a safe distance from the car in front of you and are aware of what is going on in front of you, that you should be able to avoid virtually anything that happens. The large suv swerved to avoit hitting the stopped car and was able to avoid an accident. Your son did not and an accident occured. Unfortunately, there is just no getting around that.

I hope this helps
Richard Hixenbaugh