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Old 14.03.2021, 12:35
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Re: Rear-End Accident - Fault Attribution

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Forget the car -- that can be easily replaced by a new one.

Your OH should be the first and foremost focus on this issue - as someone wrote earlier on, spinal (cervical, dorsal, etc) damage has to be corrected (or worked on) earlier on, so the actions (and invoices) of the first year might be actually higher than the value of the car.

Spinal damage can appear on the coming months as ' unrelated' sensations -- back pain, tingling on your fingers, loss of equilibrium, head spinning, and what not.... so watch out.

If not holistically considered early on, the health issues ( and related invoices) in the coming years might pile up to a much more important personal extend -and financial toll.
Accident insurance will pay the medical bills, even salary if you can't work, if you were working.
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  #42  
Old 14.03.2021, 12:45
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Re: Rear-End Accident - Fault Attribution

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I am quite surprised a hit in a 60 zone ended up with such damage, however there were no braking skid marks, and the cars ended up almost 20m into the junction after impact ... very odd.
60km/h is quite fast, definitely into car write-off and life threatening injuries zone in case of an accident. And that is for car occupiers - for pedestrians death rate at that speed is well above 50%...
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  #43  
Old 14.03.2021, 14:09
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Re: Rear-End Accident - Fault Attribution

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Accident insurance will pay the medical bills, even salary if you can't work, if you were working.
That is so only to the extent that the whiplash is acknowledged. To get this, the patient must see the doctor very soon after the accident. Some say that "very soon" is within 24 hours, some say within 72 hours.

If the patient is employed, then the accident insurance (Nicht-Berufsunfallversicherung) will pay for the costs of the treatment, and for a portion of the salary to be continued. They will then - but this will be in the background, and not affect the patient - try to reclaim those amounts from the insurance company of the person who caused the accident, and possibly from the person themselves.

However, if the patient really does have long-term health impairments as a result of the whiplash, at some point this may be deemed to be a case for the Disability Insurance. They, then, will go right back to the start, to see whether or not the patient properly fulfilled the "very soon" requirement. There have been cases in which, precisely because the patient had neglected to seek medical attention straight after the accident, the Disability Insurance paid nothing at all.

Apart from the financial aspects of accident and possibly disabilty insurance, the actual prognosis for full recovery is really good if the treatment is started soon, and the longer one waits, the poorer the prognosis.

OP, I hope your wife has gone to the doctor by now or, if not, will do so without delay.
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  #44  
Old 14.03.2021, 15:17
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Re: Rear-End Accident - Fault Attribution

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60km/h is quite fast, definitely into car write-off and life threatening injuries zone in case of an accident. And that is for car occupiers - for pedestrians death rate at that speed is well above 50%...
My wife had a head-on collision at a closing speed of around 100km/h. Both cars totalled. Bruising and stiffness, but otherwise no long term damage to occupants of either car (my wife had four kids in her car, the other driver was alone). They all got check ups at hospital due to the severe nature of the collision, and the hospital staff were pretty amazed. "People don't normally walk in here at that kind of speed...". Peugeot 406 against a BMW 3 series. Very very lucky.

The 'at fault' was only technically to blame. The guilty plea resulted in 3 points and £50 fine slap on the wrist, and no need to attend court.
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  #45  
Old 14.03.2021, 20:07
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Re: Rear-End Accident - Fault Attribution

russian plates? in all honestly, the police will try quite hard to find a way to make it your fault. or at least consider the very real possibility that the you were less aware of the rules than the local.
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  #46  
Old 14.03.2021, 21:16
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Re: Rear-End Accident - Fault Attribution

My brother collided with a van in front of him who had overtaken then slammed the brakes on, so there's an "if" or "but".

But, I can't envisage *any* situation in a 60 limit which would make it ok for someone to run into you. Even if the driver started to pull away into the junction and then suddenly stopped, it's no reason to allow someone to drive into you. A friend of mine once pulled out onto a roundabout then while changing gear pressed the brakes instead of the clutch. a car hit her from behind and admitted accelerating towards the exit expecting her to be out of the way by then. Her own insurance with whom she had legal insurance, wanted her to admit liability, but we successfully defended the claim ourselves and the other party was held 100% responsible. Police also cautioned the other driver for possibility of a careless driving charge. This was in the UK. BTW she was later diagnosed with multiple sclerosis causing nerve problems in her legs.
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  #47  
Old 14.03.2021, 22:58
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Re: Rear-End Accident - Fault Attribution

We had a medical check after the crash, and things seemed relatively OK but the pain is not easing off without pills. She's seeing a doctor in the morning, and I reckon they'll do a scan as well.
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  #48  
Old 15.03.2021, 01:39
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Re: Rear-End Accident - Fault Attribution

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You ALWAYS go through YOUR insurer!

Tom
No you don't.

I was rear ended, and my insurance while polite and nice as always, were somewhat surprised why i was calling them. The other party insurance were also helpful and quickly solved the claim. So I only dealt with them.
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  #49  
Old 15.03.2021, 07:07
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Re: Rear-End Accident - Fault Attribution

So, what is the rule about having a videocam in automatic operation while driving?

-Dr. M.
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  #50  
Old 15.03.2021, 07:40
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Re: Rear-End Accident - Fault Attribution

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So, what is the rule about having a videocam in automatic operation while driving?

-Dr. M.
You are not supposed to make them public in Switzerland with recognisable faces and car numbers. Tesla's have 4 running continuously...
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  #51  
Old 15.03.2021, 07:43
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Re: Rear-End Accident - Fault Attribution

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So, what is the rule about having a videocam in automatic operation while driving?

-Dr. M.
I was told you can mount a cam in an area that doesnt obstruct the view of the driver.

I am not sure if the video evidence could be used in courts/legally in Switzerland. But at least you can show them to your lawyer if needed to make things easier.

I have camera installed on both of my vehicles
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Old 15.03.2021, 07:46
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Re: Rear-End Accident - Fault Attribution

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You are not supposed to make them public in Switzerland with recognisable faces and car numbers. Tesla's have 4 running continuously...
You must not purposely focus on a person or an object. The automatic dash cams just record whats in front of you.
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  #53  
Old 15.03.2021, 09:17
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Re: Rear-End Accident - Fault Attribution

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most modern cars - automatics anyway - apply the electric handbrake automatically when the vehicle stops
Not the case with my cars, both quite new. In the case of my Porsche, it does activate an 'autohold' if I stop on an incline.
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  #54  
Old 15.03.2021, 09:34
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Re: Rear-End Accident - Fault Attribution

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Not the case with my cars, both quite new. In the case of my Porsche, it does activate an 'autohold' if I stop on an incline.
Even my wife's 2009 Fiat 500 does that!
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Old 15.03.2021, 09:57
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Re: Rear-End Accident - Fault Attribution

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You are not supposed to make them public in Switzerland with recognisable faces and car numbers. Tesla's have 4 running continuously...
Dashcams and their evidence are still a (dark) grey area in Switzerland. You need to keep recordings private to avoid breaching data protection laws.

In event of collision or injury, the recordings may be accepted by individual judges, but not a given. I had a Cycliq 12 on my commuter bicycle for some time.
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Old 15.03.2021, 11:23
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Re: Rear-End Accident - Fault Attribution

Local person - local police!!!!!!!!!!!! Hmmmmm............
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  #57  
Old 17.03.2021, 14:54
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Re: Rear-End Accident - Fault Attribution

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Even my wife's 2009 Fiat 500 does that!

Wanna swap?
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Old 17.03.2021, 15:26
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Re: Rear-End Accident - Fault Attribution

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Wanna swap?

A car of a wife??
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Old 17.03.2021, 19:00
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Re: Rear-End Accident - Fault Attribution

The police say it can take 3 months for the authorities to take a decision in fault attribution.
Meanwhile the insurances cannot settle anything, which means any expense that I make in between has a risk of ending up to be self-funded... not impressed to say the least.

Luckily my wife seems to be on the path to recovery, and we have the "opportunity" to shop for another car :-)
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Old 17.03.2021, 19:13
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Re: Rear-End Accident - Fault Attribution

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A car of a wife??
My wife is a top of the range model in almost mint condition, think of a 1961 E type jag that has always been garaged & seldom used in the wet. Totally irreplaceable, the Fiat 500 on the other hand.
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