essayons

no, an accident is never "okay". But trying to blame this on the Kia? Next time your car is stopped, regardless of where, and gets hit by someone, remember this.

Second, OP has insurance, and therefore cannot be sued (unless he blows through his PD and injury liability limits), unless he allows himself to be sued.

Third, I do agree with the fact that you hate certain kinds of people. I figure you're referring to the people that take their eyes off the road while they're driving. But have a little sensitivity for the OP. There's no reason to hate him.

StangisSwag

where did you get that from? the kia was eating crap on the road so why is the kia innocent? and yes he can be sued because my friend was in a similar situation with insurance and the jackass that got hit by him tried to take him to court for months

i dont hate the op i hate the kia...why would i hate the op?....

essayons

then your friend was ignorant; he should have simply referred the damaged party to his insurance company. Unless he didn't have insurance, which would just make him dumb.

We have no idea if the driver of the kia was eating at the time of the accident, and that really has no relevance to the accident, unless you're worried that they maybe have coffee stains in the car now? But yes, they were stopped, and yes they were attempting to make an illegal turn. But seeing as how they were stopped, they should have been easy to avoid.

Not trying to bust the OP on this, but at 30 mph and a reasonable following distance, a stopped vehicle should be easily recognizable, even with a "split second" of inattention. Unless the kia owner just happened to jam on their brakes and stop on a dime, which would be a hell of a feat in the rain for a car with brakes the size of a coffee cup.

Either way, though, the accident is clearly OP's fault, as he struck a non-moving object in the road. Regardless of whether they're stopped for an illegal turn, traffic, a break-down, or narcolepsy, you can't hit the car in front of you while driving.

StangisSwag

yea the police see it as his fault and it will always be that persons fault in this case but the fact of the matter is it is the kias fault, you cant assume that the op could swerve to avoid him because he might end up in a worse wreck

but my friend isnt dumb, he got the damage taken care of but the other guy suddenly claimed "neck injury" because down here where i live other drivers dream of the day they can sucker someone out of some cash...it's the world we live in

2007StangV6

Seems everyone is getting mad? No need for that guys. Everything is working out with me. Also, please don't hate me. Haha.

Feel free to bust on me, though. I am fully aware that it was my fault since I was the one rear-ending her. Yes, it was unfortunate. Yes, she shouldn't have been turning there, but I shouldn't have taken my eyes of the road as essayons said.

Since it was a two lane road, I would have swerved to the right hand lane, but there was someone there. I thought that it would have been less costly for me to rear end someone than to run someone off the road.

StangisSwag

no no ones mad lol
im just glad youre okay, it would have been awful if that dumb woman took your life with her stupid antics, glad you didnt swerve though, i lost a friend like that

2007StangV6

I guess it's hard to read people's expressions through a forum. Haha.

Sorry to hear about your friend. It would have been awful if MY dumb self took any of THEIR live with MY stupid antics.

Anyway, i'm leaving work in about 20 minutes. Going to go sign the paper work for everything to get started working on my car. I'm going line for line in the report to see if I can save anything else!

essayons

OP, definitely glad everyone is ok. And also glad that you're looking at this from a mature standpoint, and are ready to move on with your life.

pascal

I have a restoration/custom shop and I welcome collision stuff, especially with this Economy...
It's quick turn around money that pay the bills while you have project cars taking too long (relatively) and you don't get paid until it's done so you better get the quick stuff.

As far as adjusters, I have a good relationship with most of them... Even with the ones from Geico, which is just about the worst company to deal with when it comes to claims.
And yes, lots of customers are a pain and in your case, I know that they'll give you hell to get OEM stuff so they can get aftermarket cr@p and put the savings towards their deductible.
They think the Appraisers don't know that, lol.
Shops will also do the same thing for the same reasons...

JimC

For those arguing about whether he can be sued or not, that is a question of state law. It all depends upon your state and what the rules are there. So calling the one poster's friend stupid for "allowing" himself to be sued and not just sending them to his insurance company ....... well unless you know the law for the state where it happened then you don't have a basis for any opinion. What you say MAY be true for your state (and that isn't the case even in no-fault jurisdictions, depends upon other factors in the suit) it isn't automatically true for a different state.

And as far as the OP getting the ticket - in most jurisdictions (I believe all but I don't know for sure) there is a presumption of fault (and a ticket) to the person who rear ends a car.

And yes, before you ask, I am an attorney but don't practice in that area of the law but did have to study it to pass the bar many years ago.