NEED HELP - Rear ended a car (Cana: fit in, dangerous)

[airjay75]

Originally Posted by spencgr

While filing a police report is a good idea, they are likely to not come to the scene for a fender bender accident with no injuries.

I've been involved in several minor accidents with no injuries, and the police have always responded. I'm sure the rules vary by jurisdiction as to when they are required to respond, but, in my experience, they usually do. I have certainly read that in some jurisdictions will not if the situation is minor enough (although I'm not sure how they determine that if they don't actually go to the scene of the accident). At any rate, at least by calling, there will be a record of your call and you can tell that to your insurance company when you file the claim.

[marie5v]

Originally Posted by go123

I hope that people here can give me some help or suggestions as I am very nervous because of the small car accident.

So here is the story. The accident happened early in the morning a few days ago in west part of Fairfax county, a not-so-busy neighborhood. I was driving down the street, and there is an intersection in front of me, there were about 7 vehicles including me on the right lane to make the right turn. I bumped to a car in front because the car made a sudden stop after all the cars in front of his drove off. There was nothing damaged to both cars at all due to the extremely low speed (3 mph maybe as I very lightly stepped off the brake) but the driver was mad and filing the insurance claim after getting my insurance information. (I am not sure what he is demanding for since there were no damages whosoever and he admitted it) I suspected that he might want to take advantage of the situation to get an full inspection or there there might have been so damages to his car somewhere else and he wants to falsely accused me for the damages. I have talked to my insurance agent and described the situation. I am sure that the driver I rear ended was at fault in that his car made a sudden stop and he was not supposed to do that when his car clearly crossed the traffic line. No police was called and there was no witness.

I don't know what I should do right now. To me, this is the "accident" that over 90% of the people would not even stop to check the car. Anyone has any ideas? Thank you so much.

It's your fault, but it shouldn't matter if there was no damage. You should speak with the insurance company again. Make sure they understand there was no damage. Tell them they can inspect your car if they want. Find out what claim, if any, the person made. Usually it is in the insurance company's interest not to pay out when someone is attempting to file a false claim. Typically they inspect your car, inspect the other person's car, and then conclude what damage you caused and what is preexisting. This happened to me once and they simply concluded I did not cause the damage the person said I caused, and they refused to pay. I didn't have to do anything except present my car for inspection. Call again and find out what is going on.

[z28lt1]

I think you've gotten great advice. Don't be nervous, tell the truth, and let the insurance companies figure out whose fault it is, but it likely will be yours.

I just wanted to say that the other driver has ever right to get his car inspected and see if there is damage. The bumper has the visible cover, but underneath is styrofoam or plastic, and bumper supports. These components are designed to "sacrifice" themselves in an accident. The styrofoam breaks and absorbs the impact so there is no other damage. But it can only do that once before it needs to be replaced. If it really was 3 miles an hour, there is likely no damage, but you can't be sure from looking at the outside. If 3 MPH were 5 MPH (and it is doubtful you can tell the difference from the speed odometer, particularly if you weren't looking at it, and you should not have been), than the chances go up there is internal damage. At slightly higher speeds, other damage like bent trunk hinges, frame damage, etc are possible. It doesn't seem like that would have happened here, but you can't blame someone for wanting to check just in case. That would be expensive to find out later.

[go123]

Thanks a lot for all the advice. I feel much better now. (This is my accident involved with another vehicle in my life) I hope it will get resolved well.

[go123]

I just found out that the driver claimed "personal injuries" and "vehicle damages" without even having the inspection. This is hard to believe.

[KenInMA]

Originally Posted by spencgr

Not true. 3 mph can cause internal damage.

Be specific. Of what "internal damage" do you speak?

[ChristineVA]

Originally Posted by go123

I just found out that the driver claimed "personal injuries" and "vehicle damages" without even having the inspection. This is hard to believe.

Well, he will need a doctor's report and an inspection to back that up. He can claim all he wants, let's just see where it goes.

[KenInMA]

Originally Posted by airjay75

Even if the damage were only cosmetic, it is still damage for which OP is legally responsible. I think the other driver would be making an irrational decision not to file a claim no matter how little damage there is - ok, maybe if you're talking abut less than $100 worth of damage, but even a small touch up paint job is going to cost you more than that. If the other driver didn't file a claim, he would simply be leaving a free repair to which he is legally entitled on the table and, hence, an irrational decision.

I will say that, if I had been the other driver and I planned or thought I might file a claim, I would have wanted to call the police and file a police report to have some sort of legal record of the incident, as I would be afraid that someone like OP who wants to shirk his legal responsibility would lie to the insurance adjusters about what happened and I would end up footing any repair bill, particularly after the fact. People can quickly change their story after the incident. IMO, filing a police report helps protect both drivers from such an occurrence and also helps document whether there was any damage or evidence of physical injury at the time.

Right, the point is that the OP said there wasn't cosmetic damage. Of course if there was and the OP was at fault, the OP would certainly be liable for those damages.

The best thing you can do at an fender-bender accident scene is hope a cop shows up to take a report. You should also take lots of pictures immediately after (we all have smart phones, right? ).

Don't admit to fault, ever. Admit to the events that happened and be truthful. Let an adjudicator determine fault. This isn't a moral argument, it's a legal one... look at the latest actions of Mr. Personal Injury.

[airjay75]

Originally Posted by go123

I just found out that the driver claimed "personal injuries" and "vehicle damages" without even having the inspection. This is hard to believe.

Well, it is certainly possible you aren't dealing with an entirely honest person on the other end either, but, like we have all said, just tell the truth and let the insurance companies figure it out. This is all part of the process. The other driver files a claim detailing the damages they see to the car (and any physical ailments they are experiencing, if applicable). Then, the insurance companies will investigate and inspect the damage for themselves. If there are physical injury claims, the insurance company will have their own doctor examine the other driver. If necessary, they will probably even inspect your car to see if there is evidence on your bumper of impact and where. Keep in mind that your insurance company is not going to pay out unless they have concluded that you are at fault for the specific damages being claimed. If they determine, for example, that there is evidence of pre-existing damage, they will not pay to have that repaired. Or, if they determine the other person is making up stories about neck and back problems, they are not going to pay them for that either.

Bottom line - don't stress about this. You have insurance and they will figure it out. Absent any big physical injury claims being paid, the absolute worst case you are probably looking at are some increased insurance premiums for a few years. It won't be the end of the world.

[yamota]

I got rear ended on the Roosevelt bridge a couple years ago. Seems to happen more often lately, people not paying attention to the car in front of them, following too closely. What gives? Do people need to go back to driving school?