Legal Question in Traffic Law in Illinois

traffic accident- am I at fault?

I was in a traffic accident a and I don't think I am at fault. Am I?

Here is what happened: I was driving on a one way road (1 lane wide so it is impossible to pass). Traffic was backed up behind a tour bus that stopped to give tour. the vehicle in front of me stopped slightly to the passenger side of road. I was stopped in center. Tour bus began to move. after a few seconds when the vehicle in front of me did not move I honked the horn. Immediately after honking the vehicle in front of me put his car in reverse and came back at me rapidly (i would estimate 10 mph). I wailed on the horn and he crashed right into me. I never moved my car an inch, and i was stopped so i could see his tires (8-12 feet behind him). We examined the damage and I figured it was only about $500 (later I got estimates from shops i trust for around 17-24 hundred). We never filed a police report as he admitted fault on the scene and said he would pay for damages if i took it to a shop he uses (he is a car deal). After problems contacting the body shop he said to take it to, I decided to file a claim with his insurance. Now his insurance wants to put some fault on me for being too close ( i could see his tires, i estimate 8-12 feet). Am I at partial fault?


Asked on 10/24/08, 4:18 pm

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: traffic accident- am I at fault?

The short answer is: probably no.

The practical answer is: it does not matter. Call your insurance company (there is no reason to fight this yourself, this is why you have insurance). Based on the facts you have described, it is very doubtful that you are more than 50% liable even if you were too close. Depending on your insurance company, that usually means that your rates should not go up.

If your insurance company wants to pay some money to avoid a court battle, so be it. As long as your rates are not affected, that is not your problem.

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Answered on 10/24/08, 4:53 pm


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