Rear Ended Car but Not at Fault
Last edited 22/03/2019 - 15:15 by 1 other user
Hello all,I know many people have posted accidents and thinking they are not at fault, well this is one of them..:-). So here you go. I will try to explain as much and as short possible but still understandable.
1. School kid
2. Car in Front "Red" Mazda 6
3. Car Behind "White" Honda Odyssey
Location near suburban school in Ardross, WA around 3:30pm
1. Have dashcam but got overwritten (only captured after the accident)
2. Photos taken at the site
3. Drawing how the accident happened (hopefully clear enough)
Insurance: I have comprehensive insurance, not sure Mazda.
The Mazda and Honda (behind the Mazda) queuing to turn left (see scene1). Obviously driver would turn their head to the right to see incoming cars. The road was empty at that time.
As the road was empty, the Mazda continues driving but as soon as the car almost come to a full turn, the car comes to a full stopp because the driver saw a school kid about to cross. (According to Mazda driver). The crossing wasn't a full zebra crossing, where car must stop when someone about to cross.
As the Mazda was moving already, the Honda car also moving forward to turn left as well but stopping and looking to the right as well. As the road was also clear, the Honda hit the accelerator while turning left. Unfortunately, this happen at the same time when the Mazda car stopped also which the Honda didn't see. (scene2)
The Honda rear ended the Mazda(scene3). The Honda had no damage (very minor) and the Mazda had rear bumper cracked (see pictures)
1. From the scenario, it seem the car behind is not at fault because the car in front shouldn't have to stop because the crossing was not full zebra crossing.
I know the rear car should have kept a safe distance, but in this case, it won't be possible as the distance from turning left to stopping for the Honda was so short.
If the crossing was full zebra crossing, sure enough, the Mazda had to stop by law as there was someone about to cross. In this case, the school kid was just standing there waiting for the road to clear. When confronting the driver, the Mazda driver was not really defensive either. I think she realize she shouldn't have stopped for no reason in such as short distance. Unless if it was emergency where someone fell to the road or something.
Who is at fault?
If the Mazda is at fault, what do I do in this situation? Do I just tell them, as in this situation is your fault, we will not pay for the damages. What happen if their insurance pursued me with the bill.
Should I contact my insurance to explain this? I am trying to avoid insurance if the repair is less than the excess.
Thank you for the input and I will contact my insurance to get the other car fixed up. Btw, my car has no dent whats so ever.. go figured.