If I rear end a car with blacked out tail lights ...........

[avidien]

would I have a case against the insurance company ?

In New York, if you rear end someone, it's pretty much a closed case, it's your fault.

BUT just hypothetically, if the car in front was black and the tail lights are blacked out and it was really hard to see him,

I think there's a case, what do you guys think ?

 

[tex2670]

Rear ending a car in front of you is, in all likelihood, your fault. But--if there was another factor, like tail lights not working--or maybe blacked out tail lights--you have a shot to get out of fault.

But--I thought NY was a no-fault state anyway.

 

[ceric]

Or, the guy cut in front of you and stomped on the brake!
You would need DVR or witnesses in this case.

 

[table5511]

In most states the statutes read "duty to maintain proper distance," and "maintain proper control." In layman's terms, if the car in front of you slams on brakes for no reason to a complete stop, you need to be following at a distance so as not to hit them
From personal experience, completing thousands of liability investigations in the past, the proximate cause of the accident is almost always the rear ender. We all follow too close. It's in our nature. But if a car had "blackout" lights, was a dark color car, and it was dusk or dark, you COULD argue shared negligence. However in states like Virginia, if you are even partially negligent, you are barred from recovery from the other party. Even 5% and you have to file through your carrier with no hope of recovery of your deductible. So it depends on your states negligence laws and the situation at hand.

 

[avidien]

In most states the statutes read "duty to maintain proper distance," and "maintain proper control." In layman's terms, if the car in front of you slams on brakes for no reason to a complete stop, you need to be following at a distance so as not to hit them
From personal experience, completing thousands of liability investigations in the past, the proximate cause of the accident is almost always the rear ender. We all follow too close. It's in our nature. But if a car had "blackout" lights, was a dark color car, and it was dusk or dark, you COULD argue shared negligence. However in states like Virginia, if you are even partially negligent, you are barred from recovery from the other party. Even 5% and you have to file through your carrier with no hope of recovery of your deductible. So it depends on your states negligence laws and the situation at hand.

this is very good info to know, thank you very much, helbigtw.
much appreciated

 

[table5511]

No prob. Lemme know if I can do anything else.

 

[Neo Fender]

On the rare occasion I pull up behind someone with darkened tail/brake lights, the same subject comes to mind, so here’s my $.02 (which may be useless in a court of law but I would try it anyway if the need arose…)

FMVSS 108 is very specific in regard vehicle lighting requirements. A manufacturer can’t just slap on any red lamp all call it good. There are detailed specifications on area, color, luminous intensity (brightness), material, etc.: http://www.gpo.gov/fdsys/pkg/CFR-2004-title49-vol5/xml/CFR-2004-title49-vol5-sec571-108.xml

One item of particular relevance reads: “S5.1.3 No additional lamp, reflective device or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipment required by this standard.”

One may argue that this is a design and manufacturing specification, not a user operating specification, to which I would call B.S. but anyway as I stated – my $.02.

would I have a case against the insurance company ?

In New York, if you rear end someone, it's pretty much a closed case, it's your fault.

BUT just hypothetically, if the car in front was black and the tail lights are blacked out and it was really hard to see him,

I think there's a case, what do you guys think ?

 

[brandini]

If you were at a safe distance, and they slammed on their brakes but it was too dim to notice initially, the argument for following too closely is moot since it relies on functioning signal equipment to notify you of the front vehicle's actions.

I'd sure as heck sue them.

 

[drchuck]

Unfortunately I just got my first door ding this week. Also unfortunately it was to my lift gate, which was plowed in by the front end of the car behind me. (I'm convinced she was texting) I was stopped at a red light, and had just enough time to lock my brake pedal down so I didn't hit the car in front of me. The cop didn't try to establish fault. He took both our proof of insurance forms went to his car and exchanged information for us. He called a wrecker for the SUV that hit me - I drove the CX home. (Believe it or not the lift gate still works fine. I really believe my class II hitch receiver mitigated some damage.)

The other driver was insured by USAA, and their representative took full responsibility for the damage to my CX9. In effect saying "yes only one at fault person in this type of accident." I said all that to make the point that even though she was not cited by the police, she'll surely be cited by her insurance company.

By the way, I have always liked the way the CX headrests were positioned, but I had no idea how much I liked them until this week. I am about 6'6" and they are perfectly positioned for me - they proved it.

 

[table5511]

Sorry to hear about your wreck. It might be like Kentucky where no tickets are given in traffic accidents. The insurance companies will establish fault. Don't worry her rates will go up regardless of the wimpy police attitude toward accidents. In my opinion, the police are doing a huge dis-service to everyone by washing their hands of any finger pointing.

 

[drchuck]

Thank you. I got it back today in absolutely stunning condition. As an aside to the thread, the rental company went all out to provide a vehicle a 6'6" driver could be comfortable in. They came up with a brand new Chrysler Town and Country van. I will say it was very impressive. I haven't driven a Chrysler product since the K car of the '80's, however, were I in the market for a van - this thing would wind up at the top of the short list. However, as wonderful as it was, it did not make my heart race when I got in it and turned the "electric FOB" and it fired up. The "zoom, zoom" factor simply was not there. I suppose I didn't really know how much of a Mazda fan I had become in the nearly 5 years of piloting this big old CX. I realized for the first time I had become a "hunter." In my case hunter means still wanting a bit of zip in my driving experience. I said all that to ask this: are you a DRIVER, or a passenger, coddled by "gizmos?" I realized if my CX had been totaled (getting back to the OP) I would have been in my dealer's lap working on the next one. As I stood there on Caliper's driveway looking at my own CX, I wondered why in the heck anyone with one of these would be thinking about anything else! So, to those thinking about moving on,think twice, you'll be glad you did.

 

[Chris_Top_Her]

Did you have any frame damage from the hitch being hit?

 

[table5511]

Glad to hear it is fixed. FYI in my opinion the Chrysler current minivan lineup are not built well. They crumple in the rear horribly like a soda can because they are not made of anything.

 

[drchuck]

No damage to the hitch, frame or anything other than one of the impact shock absorber foam pieces needed replacing. The Suzuki that hit me is like half the size of the CX.

My comments about the Chrysler were made with respects to creature comforts & gizmos. I haven't the foggiest idea as to the quality - and it matters not. We drive our vehicles 10 years, and hand them off to one of our desperate kids. However, the kids are doing OK, but the grand-kids seem to get pretty desperate about the time grandma's car is going on 10. She has about three and a half to go on her Prius, and I have 5 left. Too bad get a skate board. I imagine both of us will wind up in a Mazda next time around. The CX was my first Mazda, so I have no feel for how long they retain a model. Seems like I remember back in the '80's the 929 was a great car for the times, and it seems like it was around for awhile.

Our all time winner in the handoff department is a 1998 Mercury Mountaineer. At 177,800+ and 16 years, its still running strong. Just had its first major work this very month in the form of a transmission swap.