Okay this is very confusing so please bare with me. I rear ended a guy. I think I am at fault, but shouldnt be

I rear ended a guy after he suddenly stopped. It was right after an intersection where the light was yellow. I chose to go through it because I was approx 20 - 30ft away from the intersection when it turned yellow and I was going 45 mph. The guy in front of me goes through the intersection without slowing down one bit and suddenly does major breaking coming to a complete stop, not like easing into it at all just breaks as hard as he could suddenly. I was about 15 ft behind him. I know I should have had more room between our cars, but it was a yellow light and I did not want to be caught in the intersection to get ticketed for a red light. SO after hitting him we pull over and I try to get his information, but he doesn't have a Driver's License or insurance, but his Dad the passenger does. So after arguing with him fro 15 mins about wanting his information he decides that he just wants to walk away. SO they drive away leaving me only with a license plate number.Help! Shouldn'tHeBeFalt

â™¥ Uwish â™¥

It doesnt matter if the other driver doesnt have a drivers license or insurance. You are still at fault for rear ending his vehicle and are liable for the repairs.

If you turn into your insurance company, they consider only paying him a % due to his sudden stop. But that all depends on the negligence laws in your state.

Finally, next time don't speed up and follow too closely at an intersection with a yellow light. After all, yellow means slow down red is coming, not hurry up and gun it

Big Deal Maker

No drivers lic. No insurance. They left the scene of an accident. Give the information to the police. Even though you would be at fault. There was no reason for the stop. The police may give them a ticket for 2 reasons. An unsafe stop in an itersection along with the leaving the scene of an accident.

â˜†áƒ¦Wifey Wifeyáƒ¦â˜†

Sorry but any time you rear end somebody it's your fault! It's called Assured Distance. You should have been far enough behind him so that no matter what that guy does (randomly stops, swerves off the road, etc) you have enough room to stop your vehicle.

ijump82

You are at fault for hitting him.

He most likely committed a crime for leaving the scene of an accident. Hopefully you filed a police report and gave them the license plate number and all fo the info you had.

He definately committed a crime if he was driving without a license or a permit.

Zsasha

It's quite obvious why they left the scene of an accident. The driver doesn't have a license or insurance. If you have his license plate number, file a police report as soon as possible. You will have to report to your insurance and explain to them what happened just in case the other driver files a claim thru your insurance. Might be good idea to beat them to the punch.
Besides, you never know if they actually did this on purpose just so they can commit insurance fraud.

stingray41042

This could be an interesting situation. If he did not have a license or insurance, he should not have been driving. The courts may find him at least partially responsible for this reason. I personally had this happen to me. The problem is now, how can you prove who was driving. The dad could say he was and wasn't concerned about the damage. It will most likely cost you more in court costs than to get your car fixed.

Tony

I agree with the first answer, but would like to add:

File a police report and report this to your insurance company immediately! This guy and his dad both sound very likely to pull some shenanigans! If you haven't filed a report, they will say that you, not they, left the scene, the dad was driving, and you were driving recklessly. You won't be able to prove otherwise.

dawg

All three of you are at fault. The Dad for letting his son drive with out a drivers license and no insurance on the car and the two of them walking away.The driver who should not of been driving.... and YOU how long have you been driving ? Do you know what yellow means ?? Did you get the Dad's drivers license? What's your front end look like now?? IF you would of stopped in the intersection and a cop would of come by, all you had to say is it stalled.or it quit running will you help me push it off to the side ? or wow it started again. I say you three should be walking not driving...

UCANTCME

YOU NEED TO GET A POLICE REPORT AS WELL AS CONTACTING YOUR INSURANCE COMPANY FOR YOUR PROTECTION.

ITS YOUR FAULT.

Tom-SJ

Interesting situation.
If you have any serious injuries, you should file a police report and contact your insurance agent.
If your car has $500 or more of body damage, you should file a report (at least in Calif.)

That they drove away without exchanging drivers license and insurance information suggests the other driver has something to hide and may bear some responsibility of fault.
You attempted to do the right thing - that really helps your case.

I would file a police report with most of the details you can remember. Only give the facts that you are 100% sure of. If you don't know, then say that. (Like if the speed limit was 35 and you think you might have gone 45, but you cannot be 100% sure, then don't give that fact. Or if you weren't sure you were 15 feet or 30 feet or more behind the guy, then you're not sure.)

Provide as many details as you can: date and time of accident, street intersections, that you entered the intersection on a yellow light with plenty of time to clear the box, etc.

In Calif, it is legal to enter an intersection on a yellow light as long as you know you won't be trapped inside the box, due to stopped traffic ahead of you.

Be sure to note in your report that both drivers stopped after the accident, but he failed to produce license and insurance, and all you have is the other vehicle's license plate. I think that can considered "hit and run" - which is an admission of guilt.

Good luck.

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