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I rear ended a vehicle that came to a complete stop going 45mph they were in the wrong lane trying to merge on the fwy. I hit the vehicle from the back (the bumper, rear end collision). We pulled over in a parking lot, exchanged information, no police report was made. This was NOT my fault I don't know what to do. I don't feel I should cover the damage to the other partys car (the driver was an 18 year old boy, I am 21 with a clean driving record and he was laughing he gets in accidents all the time) I don't have the funds to fix the other partys vehicle and I don't know how to go about this. Please help!

2007-01-16 12:08:45 · 19 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

19 answers

You want real help - honest answers - when you have a collision and you do not telephone the police - no report will ever be filed. Why because now you can't prove a collision occurred where you say it did or when - Most police agencies have a anti fraud collision policy. If you dont call when it happends you are out of luck.

Now a partial good answer: You are both at fault - Drivers are required to maintain 2 seconds behind the vehicle ahead - It is known as the 2 second rule. Most do not remember it as drivers ED can be boring. You failed to maintain your vehicle speed and distance to avoid a collision.

the other guy failed to operate a motor vehicle safely on the highway or negligent driving. There was no reason for an emergency stop in the roadway.

When you file an insurance accident report you explain these issues to your company and you may have to split the cost

This I fear may be the absolute best you may do

2007-01-16 12:42:04 · answer #1 · answered by Anonymous · 0 0

From now on always file the police report even if the other person is begging you not to. An officer arriving right after the incident would have been able ot take a statement from both of you and might have been able to determine who's fault. He might have written it up that the boy was driving recklessly and cut you off which would have made it his fault, but now as the other answer said, it is a you said / they said situation with no proof either way (unless you or he had any occupants for witnesss). Another reason to always file the police report: Others involved in the accident may try to claim injury after the fact. You don't mention whether he has already contacted your insurance company to fix his car, but as stated above, you both would probably end up paying to have your own cars fixed. If you do have ot go to court over it, get an attorney and tell him about the boy laughing ands saying he gets in accidents all the time. A lawyer can get his driving record and may be able to use it against him. If he doesn't sue for the damage, count your blessings, stay a little further back from other cars, watch around you, and always, always get the police report.

2007-01-16 12:32:09 · answer #2 · answered by jigsawinc 4 · 0 0

If you rear ended a vehicle that stopped short in front of you then you were to close to that vehicle. At least that is the theory. In the State of New York we have such a thing as No Fault Insurance. In our case our insurance companies pay for repairs and medical bills if necessary....Sorry but your rates are going to go up......The best thing to do is report the accident to your insurance company and the Police. If the other guy did and you didn't he can claim hit and run...you don't need that trouble.

2007-01-17 03:21:49 · answer #3 · answered by Tom M 3 · 0 0

I rear ended a car going through an intersection on a GREEN light . I was going slow because I could hear sirens that could not yet be seen.The cop that came to the scene actually apologized because he had to give me a ticket.Thankfully it was the lowest amount possible and then there was a discrepancy with the written information so I didn't have to pay.Anyway, the bottom line is if you hit them in the rear end you it's your fault. The take on that is that you should be far enough behind to have reaction time if they stop suddenly. It's bad luck but at least nobody was hurt ..... you could be in much more trouble !!! better luck next time : ).

2007-01-16 12:27:18 · answer #4 · answered by uncle louie 5 · 0 0

Hate to break it to you, but if the car in front of you came to a complete stop before you hit it, you were most definitely at fault. Speed is relative, and if you were moving and he wasn't? Still your fault. Also if the car stopped for what appeared to be no reason, then you were either going too fast for conditions or following too closely. Law states that you must be driving a safe distance so as to avoid hitting cars who suddenly slam on their brakes. I'm sorry, but unless you can prove with the help of an objective witness or video that this person was changing lanes improperly, you're going to be responsible for the damages. I know it sucks, but that's the way it is.

2007-01-16 18:50:19 · answer #5 · answered by janab712003 3 · 0 0

State laws differ in this situation. In my state if you rear end anyone it is automatically your fault. But if you did not get a police report there is no way to prove who's fault it was. it is basically just your word against his, unless there were other witnesses. If he tries to take you to court. my guess would be you will both just have to pay for your own vehicle damage. If the damage was severe enough (like higher than the deductible) your insurance will cover the cost to fix yours and his insurance will pay to fix his.
from now on always get a police report. it helps.

2007-01-16 12:15:28 · answer #6 · answered by summer love 3 · 1 0

This is what insurance is for. You can file a police report, and describe the above. While what you describe obviously included some dangerous driving on his part, if you cannot stop in time to avoid hitting the car in front of you, then you are following to close. It may seem unfair, and your clean record may make you think you are a safe driver, but this crash puts you primarily in the wrong. You need to leave more space between you and the car in front of you, and the fact that you haven't crashed before this is mostly a matter of luck, not skill.

2007-01-16 12:13:48 · answer #7 · answered by Doc Cohen 3 · 0 0

Nearly same thing happened to me on the highway. Everyone was flying along at 60+ miles an hour, on their way to work. A lady in front of me - ON THE FREEWAY - decided to to slow to almost a stop. I was eyeing upcoming exit, caught sight of the rear end of the car in front coming up way to soon, slammed on brakes, and WHAM!

She shouldn't have come to a stop on the freeway during morning rush hour. She should have been driving with a driver's license (she wasn't). But guess what. It was still MY fault.

I immediately left my car to make sure they were ok, and I can't begin to tell you how guilty I felt. We did file a police report. This will cause a rise in my insurance. And it will make me a more careful driver.

If this was a recent accident, you need to get a police report. Then deal with the situation.

2007-01-16 12:29:05 · answer #8 · answered by scruffycat 7 · 1 0

Had you called the police, you probably would have gotten a ticket. You failed to have control of your vehicle, and you hit him. For insurance purposes, you should file a report, just to cover your @ss. If you had no damage to your vehicle, you might want to wait for the other shoe to drop. See if he contacts you; chances are that he will just to see what he can get out of you. If he doesn't, you are home free, except for the damage to your vehicle.

2007-01-16 12:17:44 · answer #9 · answered by briang731/ bvincent 6 · 0 0

The merging(ramp) traffic has to yield to the traffic on the highway. And DOES NOT have to move over(especially if it is unsafe to do so). It is courteous not needed. If the person on the ramp does not adjust there speed to either get a safe distance in front of the highway traffic(without causing them to break)or fall behind the highway traffic into a safe merging condition. When this happens A sudden break or running off into the break down lane happens. The person behind the person that suddenly break should be paying attention and have a safe following distance. If not then when they hit that person that suddenly breaks it is there fault. Goodluck

2016-05-23 22:29:04 · answer #10 · answered by Anonymous · 0 0

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