Can I win rear end collision case?
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Can I win rear end collision case?
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Before you answer READ THE COMPLETE SCENARIO. I know that 99.9% of the time it is the fault of the driver who rear ends but this was a very unique case. This guy was driving recklessly on the highway and when we exited off he stopped in the middle of the street at a green light. Everyone honked including me and he proceeded. I see this guy pulling his sweater over his head while the car is still in motion!! I signal to move away from him and I look at my side-view to change lanes and he slammed, and I mean slammed his brakes. The back of his car rose about an inch or 2 off the road as to how hard he hit the brakes. Then this guy speeds off! I should have let him go cuz I memorized his plates and could've call it a hit and run but my instincts made me chase him down 4 blocks. He had no idea I even hit him. Cops came and he admitted he was taking off his sweater! It's on the police report. Even as I'm on the phone with my insurance this guy is pulling off and he nearly slammed into a parked car! To make matters even more fun, the police report states he has no insurance since Dec which he did get a ticket for. My front right bumper is completely ruined and the back of his car has a scratch. So what am I looking at here.
Additional Details
Just for the record I was not tailing him. I averaged about a car length of space between us. His car screeched which caused me to slam on my brakes and I even tried to swerve to the left. I can't believe that this guy won't be penalized for driving with a sweater over his head!He bare speaks English and it's clear that he doesn't know how to drive. What if this would've happened on the highway at 55 mph? He could just as easily kill someone. No I did not receive any tix. I have a clean driving record. This is my first accident since I received my license in 1999.
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skyblue
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If he did not have the money for insurance, I'm sure he doesn't have the money to fix your bumper. You can have your insurance fix it which will cause your insurance to go up or you can pay up front to fix it. My coworker just paid $900 to get her front bumper fixed. It may cost more to pay up front but it may be cheaper than the cost of your insurance increasing. You should have never chased him down 4 blocks, for your safety. Did you get a ticket in the accident? If so, it may make it difficult to win a case like that. If not, then you were not considered at fault and have a good chance of winning. Consult a lawyer in your area. Again, you have to weigh your options. Cost of lawyer versus fixing the car yourself. Many auto dealerships will give a free estimate to repair your car, that would be the first thing I do. |
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Ed D
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You could make a pretty good case, but the fact remains that you were following him too close. |
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Wizard
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It all depends on how stupid he is by putting the truth on the report. But when his parents or lawyers gets involved, he is going to sing a different song, and you are in trouble, because you are in the rear, and you fail to keep a proper lookout.
Try getting some medical leave for yourself (due to the accident) it may improve your chances of winning the case. |
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GibsonEssGee
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I sympathize but I think you're on a hiding to nothing. |
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Justin T
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Sorry to say, and you mention, 99.9% will put it on your insurance. Plus if he has no insurance, your's will have to fix the damages anyway. And as the other person mentioned, if you hit him, it's your fault, regardless of him driving reckless or not. Remember, you hit him, not him hitting you. |
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