I don't know about this.  

When I moved from NY to NJ a couple of years ago, I had to get new insurance
coverage as GEICO doesn't insure in NJ.  In '96, we were rear-ended by some
dummy in a beaten-up Caravan.  The traffic had been moving smoothly on the
Tri-borough bridge when suddenly it just stopped.  Because their was a big
van in front of me with no rear windows, I couldn't see the traffic directly
ahead.  When the van hit the brakes, I did a second or two later.  Damn
Metal Masters took a while to heat-up, but I finally stopped short of the
van.  Behind me I could hear skidding.  Bam!

Anyway, my wife and I were OK.  $2,500 later, so was her car.

When I got my NJ insurance the agent said that she needed to know that I had
been hit in the rear and that it wasn't my fault.  From my insurer's
standpoint, at least, the two were not identical.


Chris Williams
[email protected]



        -----Original Message-----
        From:   [email protected]
[SMTP:[email protected]]
        Sent:   Thursday, January 13, 2000 10:32 AM
        To:     W. Lee Hendrick; Stuart Rotblat-Walker
        Cc:     [email protected]
        Subject:        Rear End Collision...



        ---------
             I agree, however there are a few exceptions when the person
        in front would be at fault: inoperative tail/brake-lights, cutting
in
        front of someone and immediately slamming on the brakes, pulling out
        into fast moving traffic. . . However, common sense, and the law,
        usually blames the rear-ender, not the rear-endee (make sense?).
        ---------------------

        In a front to rear collision - the person in the "back" is *ALWAYS*
at fault -
        at
        least as far as the insurance is involved.

        I had a friend who rear ended a car on the NJ-TPK.
        The driver of the car in front stated that he had STOPPED in the
left hand land
        in moving traffic (aka when 55 was the limit and everyone - esp in
the
        left was going 70+) and HIS TAIL LIGHTS WERE NOT FUNCTIONAL!

        The driver in the front was given a ticket for defective equipment
        (NOT a moving violation - and a very small fine - like $25)
        The driver in front did NOT have to justify why he had stopped
        (his car had stalled) - that information was irrelevent to the
insurance
        company.

        The driver in the rear was cited for careless driving (luckily he
was a
        so- so driver and awas able to slow his car down enough so that
        the accident was merely a "fender bender" and not the more likely
dual
        fatality).

        So - in a front to rear - the rear always pays.
        It doenst matter is you were a kidnapper - he caused the
        accident (and the driver in the rear was NOT a Public
        Safety officer - so cite for "endangering the public" for
        following you)

        I was also involved in a case where some guy "claimed" I was a drunk
        driver and followed me to a friends house where he "got my license
        plate" by blocking me in a dead end street (this was when I was
        17 and long before cell phones were avail).

        We were able to get his license plate (actually my buddy - who is
now
        a big time Lawyer in NYC) and proceed to file
          Carless Driving
          Following Too Close
        and a few other tickets - totaling over 12 points (mandatory
suspension
        in NJ at the time).

        While the case got dragged to the end of the docket over the
        course of 4 seperate night court sessions, the Judge duly noted that
        a) we appeared on each night as specified (so did the other driver)
        b) we dressed nicely (suits) whereas the other driver did not
(jeans/T-shirt)

        Many of the tickets were "thrown out" but the driver was
        a) slapped with about $300 in charges (though only 3 points total)
        b) pubicly berated in front of the court by the judge who made him
            stand in the middle of the court room as he chewed him out big
time.

        It was worth it.
        Besides - I simply sat quietly in the back and did my home work
        for school.

        Best lesson in Civics I ever had.... I reccomend going just for
        yucks - its the best soap opera in town and its FREE!

        EWong


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