A car hit me from behind after I suddenly stopped?

Question

There was a tailgater who kept following me down a road about 5 or 6 feet behind my vehicle. I sped up out of anger to get him off me, but i saw him speed up. I figured he was going to start tailgating me again once I went the speed limit, so I jammed on my brakes and he hit my bumper.

I'm not sure what to do right now because he says he isn't "going to do anything" and he didn't define that clearly. He says he's been in enough accidents and whatever. I'm thinking he thinks he doesn't owe because I jammed on my brakes out of anger.

Is he technically at fault since he still hit my bumper and should've been able to react in time, or do I have nothing because I jammed on my brakes out of anger, which wasn't an emergency stop or anything?

I'm thinking to make things easier for both of us, once I get an estimate from my local car shop, we divide the bill by half since I technically should watch how I react. If he still refuses to pay, what should I do?

Answer 1

It really depend on who you talk to as to who is at fault. He was tailgating, but you suddenly jammed on the brakes for no reason related to the flow of traffic (i.e. red light, stop sign, car in front of you).

I am assuming you did not report the accident to the police. If he refuses to pay, I don't think you can do anything. You'll just have to pay all of it yourself. Most insurance companies won't accept an accident claim without a police accident report.

Answer 2

No matter what the case is, if a car hits you from behind, its automatically their fault. When that does occur, you want to call the police right away, that way he can initiate an incident report. You then can hire an attorney and sue the other driver's insurance. I work for a chiropractor, and most cases that we deal with are motor vehicle accidents. There is no way you can come out to be guilty for the accident, even if you braked out of anger, the driver behind you had no reason for being so close to you. But as a tip, to AVOID these types of accident, when someone tailgates you, you should pull over to the right and let them pass. its probably too late for you to do anything about the accident, especially if you didnt get any of his information. But if you have called the cops and hired an attorney, the driver would have had no other option BUT to fix your bumper.

Now if you DID get a report from the police, you should definetly hire an attorney only because if you decide to just trust that his insurance will pay without taking it to legal matters, chances are they wont pay. Hopefully you get your bumper fixed!

Answer 3

sad

Answer 4

Morally you should take care of your own damage as you have admitted you slammed on the brakes out of anger.

Answer 5

I'm copying this question and sending it to your  local authorites.

Answer 6

He's at fault and you should have called the cops because this jerk off will probably totally deny hitting you at all. Dumb move on your behalf! I did this once, this girl kept tailgating me and I kept speeding up and she kept tailgating me so i flipped her off etc and told her to "get off my ***" and she wouldn't stop so I sped up to about 65 and just slammed on the brakes in the middle of the 4 lane and she plowed me. I called the cops and said "A deer ran out in front of me" which there were deer on the side of the road and that she hit me. She got a ticket. And got to pay for my car to be fixed AND my hospital bill since she screwed up my neck.

Answer 7

Ultimately, you're both at fault.  While he had a responsibility to keep a safe distance from vehicles in front of him, you too had a responsibility to drive, and stop, responsibly.  (note*  The concept of 100% fault to any one driver exists in some States and not in others...this may vary, depending on your State laws.)

The problem, which now arises it that, since there was no police report, there could be all manner of accusations flying in the near future.  

As the most amicable (and least costly) solution available, I'd suggest you meet and agree that you were both at fault, handle your own damages to  your own vehicles, and be done with it.  Ultimately, if he signs a complaint for reckless driving (yep, done in anger, willful disregard of the risks, etc.) and you reciprocate with a complaint for following too closely and/or careless driving....you will both wind up paying a heftier fine than the sum of your damages.  Yes, there may be some sway in the Court's decision, based on the your respective credibility, but probably not very much.

The correct legal answer is to notify the police in the jurisdiction, in which the accident occurred and report it,after the fact.   There are lots of variables and, absent a report, very little with which to dispute them.  He may have already done so, or he may not have.  He may simply be planning to go away, or he may be planning to submit an outrageous claim to your insurance.    If you do so and he wasn't planning to, it may bring about a reaction based on the fear that you're going to try to take him to the cleaners.  

You may also both face your State's version of "failure to report."   Lots of variables, but your best bet is for the two of you to agree.

Answer 8

yes i do this all the time when someone gets behind me. my only thing is I wouldnt have told him that you did it out of anger I would have said a dog ran out in front of me or a bird hit my windsheild and scared me. I think a judge would look down on you and then laugh at you for doing it out of anger

Answer 9

He is at fault. It doesn't matter whether or not you jammed on the brakes out of anger, the point is he was not at a safe enough distance from you; therefore he did not have proper control of his vehicle. Morally, I'd say that's a sort of grey area, but the law is based on rules, not morals.

As far as calling the police, there is no reason to call the police for an accident like that. You only need to call the police for several reasons, such as 1.) someone is injured in the crash, 2.) there is more than $1000 worth of damage on one of the vehicles, 3.) a hit and run, 4.) the crash is severely obstructing other traffic and is putting other people in danger of crashing. Take into consideration also that if a cop would have arrived on scene, he would have probably written both of you a ticket for "not having control of your vehicles" (well that's what I've heard before). So, it may have been a good thing you didn't call the cops.

Overall, this is just what I have heard before, so I am probably off on some of my statements. I have never personally had to deal with a crash like this, but I have had friends who have delth with this situation.

By the way, I wouldn't tell anyone you slammed on the brakes out of anger. Just say you hit the brakes because you had to slow down quickly, or you didn't feel safe at that speed, or something like that. Make it sound more official and in your defense. Never tell someone the accident was kind of your fault, otherwise they will probably find a way to turn it against you. You had the right to slam on the brakes, it was his fault he was following you too close.

Bottom line, he rear-ended you, therefore he is at fault and should pay for the damages, period!

Answer 10

I read of a lady getting killed by such a maneuver last year . That's considered "road rage" and you could be charged . It's always best to pull over and let an erratic driver pass . "Cool" stops when blood is spilt  . Consider yourself lucky it's just damage to a car , and let it go if he refuses to pay . You were both in the wrong..but if you didn't hit the breaks maybe he wouldn't have hit you .and this could go against BOTH your licenses and your insurance WILL get raised . You'll be the winner here if you have truly learned something  . One of you could have been killed , statistics show..at 35 mph or less . Nobody wins when one gets put in the ground . Every time you start your engine ..for the rest of your life ..remember this . It's forever . Be careful . You're both some-body's love one .

Answer 11

The personw ho hit you is at fault because it is nescessary for him to keep enough distnace from his vehicle to yours so that if you were to make an emergency stop for any reason then he would have enough time to draw his vehicle to a stop. Also, if he failed to provide deatils of name, contact number and insurance deatils then that it illegal and he can be fined. If you didn't give your details then do NOT attempt to prosecute him for failing to diclose information because he will counter-claim against you becasue you didn't provide your details.

Is there any witnesses, is so then raise legal proceedings and have the Records and written pleadings made and served on him as soon as possible. If you need any more information, contact me at [e-mail]

Answer 12

if u are hit from behind it is the fault of the driver that hit u. I hope u got his info because it is his fault he should have not been tailgating. if u don't have any damage I would just leave it alone because your insurance rates may be affected and it is such a hassel.

Answer 13

It is your duty to protect yourself by reporting all accidents within a timely manner to your insurance company and the other party's insurance company if you have their information. It says it right in your policy jacket...go ahead and read it, I know it is boring sometimes, but it is there for your benefit ultimately. I would say that in the end the two of you would be 50% at fault. Him for following too closely and you for faulty evasive action.  Since there is no solid proof that a "deer ran out in front of you", it is just hearsay, and you would also be at fault for slamming on your brakes.  Let your insurance company handle things with other parties because it could lead to more costly legal problems down the line. Always get a police report or make one for the record with your local pd because you never know when something like this could come back and bite you on the butt.

Answer 14

I'm not sure the best way for you to proceed, but legally, the person in behind is almost always at fault, regardless of the circumstances.    You can use this information when you negotiate.  

From wikipedia, under "rear-end collision":

For purposes of insurance and policing, the driver of the car that rear-ends the other car is almost always considered to be at fault due to not being within stopping distance or lack of attention. An exception to this rule comes into play if the impacted vehicle is in reverse gear. If the driver of the car that was rear-ended files a claim against the driver who hit him, said driver could be responsible for all damages to the other drivers car.