Rear End Car Accident Question?
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Rear End Car Accident Question?
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I was driving on Hwy 17 in Santa Cruz, CA a pretty windy freeway with reasonable following distance when suddenly the car in front of me slammed on the brakes. His front tires exploded and I had enough time to almost stop completely but my bumper ended up making a small dent on his rear bumper. He told me he wasn't going to make a claim and on the police report he stated that there was no damage to his car, but now his insurance company is calling me saying they're going to make a claim regardless of what I have to say about fault or the police report.
Is anyone familiar enough with California collision laws to know if the front tires of a vehicle exploding (from stopping so fast) applies as negligence on behalf of the driver to put him at fault in a rear end accident?
Also, I haven't sent the police report or filed a claim with my insurance company because I wasn't going to report the damages, but now that his insurance company is going after mine, do you think I have enough of a case to make that rear ending his car was not my fault?
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sydkan
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sorry, but you will be at fault. Even though he stopped suddenly to avoid another vehicle he was able to stop. You were following too closely and was not able to stop in time. This is going to be your fault.
Sorry!!! |
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TAF187
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nope you're fault you rear ended him ..the fact that his tires xploded are irrelevant you were following too close ... report it to your carrier and let them deal with it |
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mbrcatz
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NOpe, it's not.
You were tailgating - that puts the fault for the damage squarely on you. Sorry. File the claim with your insurance.
Rearending the car in front of you is ALWAYS your fault - if you weren't tailgating, you'd have enough time to stop, even if a PIANO landed on his car and smooshed it flat right there. |
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