Expert: Bennie719 - 12/25/2007

Question
Hi-

I was in an accident 2 days ago. It was raining and dark out, and I hit a patch of water that caused me to lose control of the car. I let go of the gas, which didn't help, and I, out of panic, did hit the brakes. From the middle lane-  My car started to slide into the left lane, and no one was there. I let my car go into the left lane since no one was there at the moment, and someone was on the right. At this point I was pretty much slowed down from the highway speed of 65 mph - to about 40 or so. A car going faster came up quickly behind me and rearended me, I went into the shoulder and then the ditch before the median. I have a lot of damage to my rear and their front looks half dented into where the engine should be - or pretty much totaled.  No one was injured. Their insurance company is denying responsibility because I "changed lanes witout their being enough room behind me" - All I could do at this point was make sure NO ONE was directly next to me.  I lost control of my car and ensured no one else was hit. Am I at fault here for being rearended????

Thanks so much
M

Answer
Hi Mia,
Every state has a law that requires the vehicles behind you to drive in such a manner that they will be able to bring their car under control, irregardless of what unforeseen happening should occur in front of them.
Since you were able to slow down from 65 to about 40, that means that the other car was sufficiently far enough behind you that you did not make an improper lane change.
In my opinion, the other car is at fault for rear-ending you.
I hope that you have full coverage so your own insurance company can repair your car and do all the legal fighting to recover from the adverse party.  Otherwise, you will have to file small claims court action against the other driver.  I see no reason why this should not be eventually settled in your favor.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area