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Old 05-10-2007, 01:40 PM   #1
Tonto Kowalski
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Got hit, need advise

I was driving down the street when a gust of wind blew my hat off my head and out the window. So I stop to get it and the car behind me (who had been tailgating) hits my bumper. She said it wasn't her fault because I wasn't allowed to stop in the middle of the street. It looks like her insurance won't pay for the damage to my car (my own insurance won't cover it because I only got basic coverage).

Is there anyone who understands the law that can explain who was at fault and whether I am entitled to compensation for the damage to my car? The body shop says it will cost about $500 to fix.
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Old 05-10-2007, 01:53 PM   #2
sickcallawayc12
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Re: Got hit, need advise

I am not TOTALLY familiar with the law but i believe its definitely her fault. Did you file an accident report with the police? They can determine if someone was tailgating pretty easily (through my experience anyway). That lady is an idiot or she hasn't been driving for very long if that's her reasoning. What if a little kid or dog jumps in front of you? What does she expect you to do if you're not "allowed to stop in the middle of the street", swerve into another car or into a guardrail? Swerve one way and keep going?
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Old 05-12-2007, 04:13 PM   #3
Tonto Kowalski
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Re: Got hit, need advise

Yeah, she's pretty stupid. I'm not 100% sure yet but it looks like I'm gonna manage to get compensated, if not the entire $500 at least a portion of it.
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