QUESTION

Car accident

Asked on Oct 27th, 2013 on Automobile Accidents - Indiana
More details to this question:
I was recently involved in a car accident. On a poorly lit road, being the driver. To the left of me the rail road crossing gate went down but ahead of me they had not. The car in front of me slammed on their brakes, presumably thinking our side of the road had the gates down as well. A train never came and I took video of that side of the tracks gate being down and not our side. Knowing our side did not have the gate down I proceeded to drive but the car I front of me slammed on their brakes and I slammed on mine after realizing they slammed on theirs and ended up hitting them. The driver of the other vehicle drove off and never waited for the police or got out of their car. Is there any way this accident is not my fault, as the officers that came later said I was at fault for following too closely. My car had to be towed so I know there was significant damage to the other vehicle but they just drove off.
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1 ANSWER

Anonymous, With a limited understanding of the facts of your recent collision, I hesitate to express any opinion concerning "fault" for this incident.  Whether you are legally responsible (i.e. at fault) for causing the collision will turn on the reasonableness of your driving conduct, as well as that of the driver whose vehicle you hit.  Depending on the facts, fault could fall upon you, him/her, or a combination of both. Whether or not you were negligent in your operation of the vehicle, I will give you credit for one thing: Once you made contact with the other vehicle, you stopped.  Any driver who is involved in a motor vehicle collision in Indiana is required to immediately stop his or her vehicle and take reasonable steps to exchange information--including proof of financial responsibility (i.e. insurance)--with the driver or drivers of other vehicle(s) involved in the collision.  Ind. Code 9-26-1.  The obligation to stop and return to the scene of the accident is the same regardless of whether or not the accident results in bodily injury and/or death.  A person who knowingly or intentionally fails to stop or comply with these requirements is, at minimum, guilty of a Class A misdemeanor.  See Ind. Code 9-26-1-8.  The practical difficulty of a hit-and-run like this is that once the other driver flees the scene, that might be the first, last, and only chance you'll have to identify that driver.  (I'm assuming you weren't able to catch his/her license plate number.)  The police report (which you can obtain at https://www.buycrash.com/Public/Home.aspx for a nominal charge) may have additional information related to this incident other than what you reported at the scene.  Sadly, less than half of all hit-and-run culprits are ever identified. The question then becomes: Is this simply a property damage claim, or were their bodily injuries associated with this collision?  If you haven't already, you should contact your automobile insurance company immediately and provide the details related to this incident.  You may have Collision Coverage that will cover the damage to your vehicle upon payment of your deductible.  If you were injured and had purchased Medical Payments/Expenses Coverage, you may be able to use the benefits available to help offset some of the cost of your medical treatment.  (This is true regardless of who is responsible for causing the collision.)  I'm sorry about your recent accident, but I hope this information is helpful as you navigate the claims process with your insurance company.  Lance R. Ladendorf, Esq.  
Answered on Oct 28th, 2013 at 9:12 PM

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