Posted on February 28, 2014 in Automobile Accidents
Question about a Car Accident Caused When a Car Skidded on Ice
“I was stopped at a light in Queens and got hit from behind. Thank God, no one was hurt, but my car was damaged. The guy who hit me says it’s not his fault, that his car skidded on ice and hit me, that I should blame the City for not doing a better job plowing the roads.”
Question about a Car Accident Caused Caused When a Car Skidded on Ice
I am glad to hear that no one was hurt. As for the liability in this accident, New York State law assumes that a driver who strikes another car from the rears bear full liability for the collision unless he or she can demonstrate unusual circumstances that would diminish their responsibility. The presence of ice is not an excuse. The driver who struck you had an obligation to drive with caution and to anticipate that the road might be icy. If you were stopped at a light, he should bear 100 percent of the liability.
If you have not done so, report the claim to your insurance company. They should pay for damages according to your policy and then pursue the other driver through his insurance company. When they collect from the other driver’s insurance company, they should refund your deductible.
I hope this information helps.
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