Q: Can my son be held responsible for a car accident without clear fault on snowy roads?
My son was involved in a car accident in Indiana with no personal injuries and no citations for fault by the authorities. The roads were snow-covered at the time of the incident. The other driver lost control and wrecked their vehicle, and subsequently, my son, who was behind them, hit their vehicle. Although the police report doesn't mention any fault, my insurance company initially dropped the wrong vehicle, making this issue our responsibility. The other driver's insurance is claiming it's my son's fault due to his position behind their vehicle and is requesting payment for the damage without providing documentation. Can they hold us responsible under these circumstances?
A:
If I understand correctly, you imply that your son was driving uninsured on the date of the accident. You further state that the roads were snow-packed and that the car in front of your son lost control while it was traveling at approximately the same speed as your son. The other car was obviously driving too fast for conditions and your son was obviously driving too close for conditions. That fact is proved by the fact that your son was unable to avoid hitting the car in front of him.
I don't understand what you mean when you state: "The other driver's insurance is claiming it's my son's fault ... ." It's legally impossible for your son to have caused the other card to lose control. On the other hand, it is absolutely your son's fault that he hit the car after it lost control. Accordingly, assuming the other car was not totaled, any damage to the vehicle that can be proven to have been caused by the impact with your son is your son's responsibility. be grateful that no one was injured and that the police felt sorry for both parties. Remember, your son could have been charged with driving too fast for conditions and driving without insurance. If the facts are different from the way I interpreted them, please rephrase your question.
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