NEED HELP - Rear ended a car (Fairfax: insurance, neighborhood)

[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.

[spencgr]

In the situation you described (line of cars waiting to make a right hand turn), it is NEVER the fault of the person who gets hit. It is your responsibility ALWAYS to ensure the car in front of you is completely gone before you move forward.

And just because there was no visible damage, doesn't mean there isn't damage. I had the same thing happen to me, and there was $3K worth of damage to the undercarriage.

[airjay75]

Even a collision at very low speeds can cause damage. While many drivers will not file an insurance in such instances, they have every right to do so, and, in almost every case of a rear end collision, the driver in the rear is 100% at fault. If you were unable to stop when the driver in front of you came to a sudden stop, it is because you were either, one, not paying attention, or, two, not following at a safe distance. Sorry, but based on what you've said, you are probably at fault and your insurance company will be paying for any damage, even if minor, to the other vehicle. The insurance companies will sort this out. All you can do is be completely truthful with the insurance adjusters and let the process sort itself out.

[VAFan]

Originally Posted by go123

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.

I am sorry but you are incorrect. YOU hit a person from behind. YOU were following too close to the car in front of you and hit them. They are NOT at fault.

[go123]

Thanks guys. But do you believe that the driver had fault also? According to the DMV handout rules, "Red light: At a red light, come to a complete stop before you reach the intersection, stop line or crosswalk. Remain stopped unless turns are
allowed on red". It appears that he crossed the line while making a stop. To my knowledge, VA is one of the few states honor Contributory negligence law, which means even the plaintiffs/claimants have 0.1% of fault, he/she is responsible for the "damages" entirely. What do you guys think? Again, thanks. Really appreciate your thoughts.

[ChristineVA]

I was in this same situation a few years ago. I was in a line of cars making a right turn on red. It came to be my turn to go and I started to go but realized that the car cresting over the hill to my left was coming faster than I initially thought and I stopped rather than proceeding. The car behind me was not looking at ME, the car in front of him, he was looking to his left and assuming I had gone. This is very common and this is what I assumed you did. He was in a van and he hit my Toyota Highlander. The bumper was mildly dented and popping off on one side. After inspection it was determined that there was some damage underneath. The repair was $3500. I was not *mad* at the driver but it was a huge inconvenience.

When you hit someone from behind, you are at fault. There was a reason that the driver didn't want to proceed and you were not paying attention to him. I doubt seriously that he wanted you to hit him. The only way this could remotely be his fault is if you had a witness that he was aggressively trying to taunt you into hitting him. Otherwise, you weren't paying attention.

[CaliTerp07]

No, the person at the back is completely responsible. In ever rear end accident I've ever been a part of, regardless of how many cars were involved, it was always the person at the back 100% at fault.

Regardless, if you share exactly what happened with the insurance companies, they will resolve the issue. If there is any chance that you are not at fault, your insurance company will argue on your behalf.

[dualforecast]

Originally Posted by go123

Thanks guys. But do you believe that the driver had fault also? According to the DMV handout rules, "Red light: At a red light, come to a complete stop before you reach the intersection, stop line or crosswalk. Remain stopped unless turns are
allowed on red". It appears that he crossed the line while making a stop. To my knowledge, VA is one of the few states honor Contributory negligence law, which means even the plaintiffs/claimants have 0.1% of fault, he/she is responsible for the "damages" entirely. What do you guys think? Again, thanks. Really appreciate your thoughts.

It would certainly be something to think about during 13 weeks of neck therapy, at the recommendation of my lawyer, also at, your expense.

[purehuman]

go123..sorry, I can't see that the driver in front of you had ANY responsibility...it's a bummer I know...but the fact is YOU rear ended him. Too bad you didn't have a camera so you could have taken pictures to prove that there was no damage. I wouldn't sweat it though.

[KenInMA]

Originally Posted by dualforecast

It would certainly be something to think about during 13 weeks of neck therapy, at the recommendation of my lawyer, also at, your expense.

Well, that would be something you'd have to prove. If you couldn't prove that you suffered a neck injury, a positive MRI or otherwise visible contusions, and you had no damage to your car, no one would be paying your medical bills except for your insurance.

OP, absent of any damage -- to the driver or their car, it seems to me like you picked the wrong jerk to hit. If what you say is true -- that you hit their car at 3 MPH -- then the only damage caused to their car would be cosmetic.