What should happen in this accidnet?

Question

I had to stop for a deer and while I was waiting for deer I got rear ended.

When the guy rear ended me it pushed me to the right lane a little bit.

So even when nothing shows I cut him off even witnesses there trying to tell me I cut him off then slammed on my brakes and then he rear ended me.

Why would I cut him off and slam on my brakes if I saw the deer coming and he didn't.

Its hard to explain but thats how it happend. I had pictures showing I slide before he hit me and they still say otherwise.

I got pictures showing damage is center not on the right side at all.

Tell what I can do next they keep trying to put words in my mouth and just arguing with me?

The two whitnesses say its not my fault but they still want to do a percentage due to there cuting off and stoping fast excuse.

All this after he yelled at everyone being an *** trying to have me

arrested all sue you and get this and that from you he said.

Answer 1

he hit you....end of just leave it to the insurance,and ignore him

Answer 2

In the UK, if you go in to the back of someone, regardless of what the driver is doing, it is your fault as the onus is on the driver behind to leave enough of a gap to stop safely. He clearly didn't leave enough stopping distance.

I would imagine you have a similar rule in the US. Just pass all the details to your insurer and they will decide on blame, but I doubt very much that they will find you to blame.

Answer 3

He should have seen your break lights though either way

Answer 4

Well unless you absolutely slammed on your brakes I don't see how it can be your fault..he should have noticed your brake lights.

Also since you have photo evidence I don't see how they could make you pay for it.

Answer 5

call your insurance company and report the claim and let them handle it.  Thats what you pay them for.  if he hit you from behind its gonna be hard for him to prove that you were at fault.

Answer 6

NOT YOUR FAULT - he's trying to be a bully, and I'm afraid he won't be very successful.  Even if you did slam on your breaks - his fault.  

You need to make SURE you are OK - back injuries can take up to 2 days before you realize what happened.

Mine took a few hours. :(