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I've heard a lot about tailgating recently, especially with big SUV's. If a tailgater crashes into the back of your car, do you have to pay for the damage or does the guy who was tailgating you have to pay?

2007-09-30 05:36:03 · 12 answers · asked by -NOBAMA- 3 in Politics & Government Law & Ethics

I've heard a lot about tailgating on the road recently, especially with big SUV's. If a tailgater crashes into the back of your car, do you have to pay for the damage or does the guy who was tailgating you have to pay?

2007-09-30 05:41:05 · update #1

12 answers

Tailgating is against the law. If a person is driving an automobile and hits the vehicle in front of him or her, its called rear ending someone. The violator will be charged by the police and the insurance company of the offender will pay for the resulting damage.

2007-09-30 05:40:55 · answer #1 · answered by nixdad96 5 · 1 0

In general, the car that hits from the rear is at fault. A driver is expected to leave enough distance between his vehicle and the one in front of him so that he can make an emergency stop and not rear end the car in ft of him. A tailgater is negligent for following too closely. He would be liable for the car he hit in the rear.

2007-09-30 13:16:18 · answer #2 · answered by Boots 7 · 2 0

When you are hit from the rear, the guy who hit you is generally 99.99% of the times at fault. Tailgating or following too close is against the law in ALL states of the union.

2007-09-30 12:46:05 · answer #3 · answered by WC 7 · 1 0

I will not give a blanket statement. In most cases a rear-end collision is caused by the person from behind. It is hard to prove the front driver caused the accident. That is why the scammers use rear-enders to scam insurance companies.
But we should distinguish fault v. who is held financially accountable - which is what you asked. Whereas we pretty much all believe the "at-fault" driver must pay for all damages, it is not always true. It may come down to who has the better insurance lawyer.

2007-09-30 12:52:16 · answer #4 · answered by XPig 3 · 2 0

The Question i am assuming is hypothetical.
AS long as the lead car has not preformed and illegal act causing the rear end collision then the following car will be at fault and will be ticketed buy the investigating officer. and in addition will have to settle for damages. In Most states the charge is inattentive driving.

2007-09-30 12:53:06 · answer #5 · answered by ASmiles1 4 · 2 0

In almost all rear end collisions, the person who hits you is ticketed and cited as being at fault. Under the vehicle code there is specified a distance ( even though we know no one follows it) you should maintain between you and the person in front of you. Under the law, it is assumed the accident would not have happened were you keeping this distance.

2007-09-30 12:42:10 · answer #6 · answered by arkiemom 6 · 3 0

The guy who is tailgating would have to pay.

2007-09-30 12:41:01 · answer #7 · answered by Anonymous · 1 0

99% of the time, the person who hits from the back is responsible. They're expected to keep a safe distance from the car in front of them.

It's not set in stone what that distance is, but the general rule of thumb is 'three seconds of space'. They're supposed to pick a point the car in front of them just passed, and count to three. If they pass that point before they hit three, then they're too close.

2007-09-30 13:41:33 · answer #8 · answered by Lunarsight 5 · 1 0

The person who rear-ends you is at fault for not keeping a safe minimum driving distance between him and the car in front.

2007-09-30 12:40:09 · answer #9 · answered by Glen B 6 · 1 0

I think the guy who was tailgating you, but not really sure. Curious to what others say.

2007-09-30 12:39:36 · answer #10 · answered by kelly825782003 1 · 1 1

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