car accient my fault but other guy is DUI what happens now?

**latoilette** · 12-18-2006, 11:37 AM

I recently rear-ended someone at night.
when cops came, we found out that the other guy has been drinking a lot. So he gets arrested.
I rear-ended him, so it is my fault. but that other guy was drinking and he went to jail.

When it comes to $$ settling by the insurance, what will happpen? any first hand experiences?

Additionally, say this comes down to his fault, will this accident remain in my DMV record or raise my insurance cost?

**Hektik** · 12-18-2006, 11:49 AM

its his fault... even if u rear ended him. a dui automatically makes it his fault..atleast as far as i know.

**d993s** · 12-18-2006, 12:06 PM

Originally Posted by Hektik

its his fault... even if u rear ended him. a dui automatically makes it his fault..atleast as far as i know.

That is correct!

You got lucky this time; be more careful next time.

**Vteckidd** · 12-18-2006, 12:07 PM

i would say not true. yusually, ANY TIME you rear end someone you are follwoing too close, which is your fault.

the fact that he was drunk, just means he went to jail for a seperate incident having nothing to do with the accident

**civic95** · 12-18-2006, 12:15 PM

Was he stopped when you hit him?

Or did he slam on the brakes, swerve, etc for no reason, causing you to hit him?

**JennB** · 12-18-2006, 12:17 PM

I have been in a similar situation and the accident was still deemed my fault. It's on my record, two totalled cars, until May of 07. My insurance went up.

In my case though, the cops were complete assholes about it and did nothing at all to help my show the insurance company what had happened. But I don't think much would have changed if they had helped.

**RandomGuy** · 12-18-2006, 12:17 PM

Originally Posted by civic95

Was he stopped when you hit him?

Or did he slam on the brakes, swerve, etc for no reason, causing you to hit him?

thats irrelevant

you shoulda just told the cop that his drunk ass reversed into you

**Bruce Leroy** · 12-18-2006, 12:17 PM

did you get a ticket??? If not, make up as much B.S. as possible so he will have to pay.

**d993s** · 12-18-2006, 12:19 PM

You may have to go to court, but a DUI is serious, so I'm 99.99999% sure you'll get out of it.
Talk to an attorney. They'll be more than happy to help you seeing that it's a sure win for them.

**civic95** · 12-18-2006, 12:49 PM

Originally Posted by RaÈdomGuy

thats irrelevant

you shoulda just told the cop that his drunk ass reversed into you

Not if the guy switched lanes, or was driving reckless.

**mikespeed95** · 12-18-2006, 12:50 PM

what shoudl happen is you pay someone $3 and some crack who is in the slammer to kill him for being a drunk driving peice of shit.

**R3RUN** · 12-18-2006, 03:30 PM

I would think that it is his fault because he was drunk and shouldn't even be there in the first place. So what should have happend is you should have accidentally rear-ended air, which as far as I know is not a crime.

**thinkfast®** · 12-18-2006, 03:30 PM

THIS JUST IN MIKESPEED IS A COCKSUCKER

**thinkfast®** · 12-18-2006, 03:33 PM

HEY LATOILET HOW DID THIS ACCIDENT GO DOWN? WERE YOU IN A PARKING LOT/STREET?? THE DUI HAS NOTHING TO DO W/ WHO IS AT FAULT, UNLESS HE WAS DRIVING.. NEED DETAILS BUT I'LL HELP YA OUT, I WORK W/ CLAIMS ALL DAY LONG

**civic95** · 12-18-2006, 04:00 PM

Originally Posted by R3RUN

I would think that it is his fault because he was drunk and shouldn't even be there in the first place. So what should have happend is you should have accidentally rear-ended air, which as far as I know is not a crime.

ha ha, good point. You could be a lawyer.

**Dr.G** · 12-18-2006, 04:43 PM

Were you cited by the police as well?

**ORGANIZATIONXIII** · 12-18-2006, 05:40 PM

lawyer, small claims

**thinkfast®** · 12-18-2006, 05:46 PM

GOING ON WHAT LITTLE INFO YOU HAVE GIVEN, HERES WHAT CAN HAPPEN

THE GUY GETS CITED FOR DUI, YOU ARE FOUND AT FAULT, YOUR INS COMPANY PAYS
THE GUY GETS CITED FOR DUI, YOU GET CITED FOR FTC, YOUR INS COMPANY PAYS
THE GUY GETS CITED FOR DUI, IT WAS ON PRIVATE PROPERTY (PARKING LOT/DRIVEWAY) NOBODY PAYS OUT ANYTHING

REGARDLESS OF FAULT, THE DUI HAS NOTHING TO DO WITH THE DECISION AND WIL NOT AFFECT YOUR OUTCOME.. THIS GUY WILL PROBABLY HAVE A DUI AND ACCIDENT ON HIS RECORD, FROM WHAT I CAN GATHER

**R3RUN** · 12-18-2006, 06:29 PM

Originally Posted by civic95

ha ha, good point. You could be a lawyer.

I do what I can.

**R3RUN** · 12-18-2006, 06:30 PM

Actually now that I think about it you should be given a reward for taking a dangerous drunk driver off the road before he had a chance to hurt anybody.

**latoilette** · 12-19-2006, 12:41 PM

Public road. I was tailing his ass and he slowed down, and I didn't see him.

I didn't get a ticket. but he was hauled off to jail.

**thinkfast®** · 12-19-2006, 12:52 PM

YOUR FAULT, FTC AND HE GETS A DUI.. YOUR INS COMPANY WILL PROBABLY END UP PAYING, UNLESS THEY SUBROGATE AGAINST THE OTHER COMPANY BECAUSE OF THE DUI (WHCH MAY HAPPEN, BUT YOU WILL BE HELD AT FAULT REGARDLESS)

**2.0civic** · 12-19-2006, 12:58 PM

Originally Posted by Hektik

its his fault... even if u rear ended him. a dui automatically makes it his fault..atleast as far as i know.

when did this law get passed?? me and another member of the board got tboned turning left into kroger on old norcross a few years back, got tboned on my side, and the driver (davmx) got a ticket for failure to yeild...guy gets arrested on the scene for dui but david got the ticket...this was around february of 04

**2.0civic** · 12-19-2006, 01:00 PM

Originally Posted by thinkfast®

YOUR FAULT, FTC AND HE GETS A DUI.. YOUR INS COMPANY WILL PROBABLY END UP PAYING, UNLESS THEY SUBROGATE AGAINST THE OTHER COMPANY BECAUSE OF THE DUI (WHCH MAY HAPPEN, BUT YOU WILL BE HELD AT FAULT REGARDLESS)

thats what i thought too...although the other guy was drunk, he didnt rearend him and the way they will prolly look at it is either way you should have stopped and even if the guy wasnt drunk, YOU still hit HIM

**2.0civic** · 12-19-2006, 01:02 PM

Originally Posted by R3RUN

I would think that it is his fault because he was drunk and shouldn't even be there in the first place. So what should have happend is you should have accidentally rear-ended air, which as far as I know is not a crime.

unless the guy was just chilling there for like 5 minutes, LT still hits someone...no offense but this thread is nonexistent if you use your brakes....

**thinkfast®** · 12-19-2006, 01:03 PM

YEA.. THERE IS A LOT OF IGNORANCE AND ASSUMPTIONS WHEN IT COMES TO INSURANCE, PEOPLE THINK THEY KNOW A LOT UNTIL A CLAIM COMES ALONG LOL..

**2.0civic** · 12-19-2006, 01:21 PM

Originally Posted by thinkfast®

YEA.. THERE IS A LOT OF IGNORANCE AND ASSUMPTIONS WHEN IT COMES TO INSURANCE, PEOPLE THINK THEY KNOW A LOT UNTIL A CLAIM COMES ALONG LOL..

I love hearing people say things they have no idea about though.

Seriously though, the guy being drunk had NOTHING to do with you rearending him.

**thinkfast®** · 12-19-2006, 01:27 PM

LOL, YEA I SIT BACK AND LAUGH ALSO, ALMOST AN ENTIRE PAGE OF PEOPLE GUESSING AND CALLING IT "FACT"

MORONS

ANYWAYS, GOOD LUCK LATOILET

**GIXXERDK** · 12-19-2006, 01:49 PM

Its no way his fault, you rear ended him. He gets off with a DUI and if he files, he will get about $15,000 in pain and suffering money, and a new bumper.

**thinkfast®** · 12-19-2006, 01:50 PM

FINALLY.... SMART PEOPLE AND COMMON SENSE PREVAIL YET AGAIN! HAHA!

**SLOWR/T** · 12-19-2006, 05:59 PM

wait though... he wasnt cited..???? if he wasnt charged with hitting someone then how can he get anything????

**n2daizo123** · 12-19-2006, 06:06 PM

Originally Posted by R3RUN

I would think that it is his fault because he was drunk and shouldn't even be there in the first place. So what should have happend is you should have accidentally rear-ended air, which as far as I know is not a crime.

I agree, because if some one hits you and you dont have insurance, its your fault because you were not supposed to be on the road in the first place. The same should apply in your case, but Im no expert.

**Evil Goat** · 12-19-2006, 06:15 PM

Originally Posted by SLOWR/T

wait though... he wasnt cited..???? if he wasnt charged with hitting someone then how can he get anything????

youre not always cited in an accident, the accident still may be your fault but its up to an officers discretion as to whether or not a ticket is issued, my wife rearended someone while we were dating and she was giving a warning for following too close and was shown as the at fault party in the accident

**con** · 12-19-2006, 06:32 PM

damn dude, you seriously ruined someone's night......yea he chose to drink too much, but you caused the accident. suck it up..........

**1SICKLEX** · 12-19-2006, 06:52 PM

In GA u rear end someone its your fault. Period. The good part is u didnt get a ticket. Was any insurance info exchanged? If not. then the cops dont have any info on u and nor does the guy u hit. Thats if the cops just let u leave.
Sometimes the police get so caught up in one situation they forget the other.

**lilmanx01** · 12-19-2006, 08:16 PM

its your fault, regardless. if its not major pay for yours outta your own pocket. if its major your insurance will go up, but no as bad as if you would have gotten a ticket too.

**Greddypacked** · 12-20-2006, 04:53 AM

It's probably just a small case directed w/ the insurance. So probably you wont get any points on your license, if you fix your ride you will just have to pay a deductible or leave it the way it is. Insurance might not change since no citation was recieved and it was just a fender bender.

**BusheyAgency** · 12-20-2006, 03:39 PM

Thinkfast is correct. I will be your fault since you were the one that rear ended him. His DUI is secondary. Since the accident occured on a public road, both insurance companies will get involved. Your premiums may increase once they rate you upon your next renewal.

**2.0civic** · 12-20-2006, 03:47 PM

Originally Posted by BusheyAgency

Thinkfast is correct. I will be your fault since you were the one that rear ended him. His DUI is secondary. Since the accident occured on a public road, both insurance companies will get involved. Your premiums may increase once they rate you upon your next renewal.

THATS WHAT I WAS THINKING AS WELL...DAMNIT, I MEANT TO CALL YOU EARLIER ABOUT THAT PM I SENT YOU.

I MEAN SHIT, HIT THE BRAKES NEXT TIME. WHATS THE REASON YOU DIDNT STOP, JUST CURIOUS SINCE YOU HIT THE DRUNK GUY.

**thinkfast®** · 12-20-2006, 03:53 PM

HE'S A MORON LOL

NAW IGNORANCE HAPPENS TO THE BEST OF US, THATS WHY ACCIDENTS HAPPEN, AND THATS WHY THERE IS INSURANCE

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