Rear Ended Another Driver, Cited for Following Too Closely, What Next

[murtazapen]

My question involves a traffic accident in the State of: WA

I rear ended another driver (girl in her teens) this evening in stop-and-go traffic. I had about a 2 car buffer between us, but was unable to stop in time when she braked, and tapped her. No visible damage to her car, but we called the cops and I was cited with a "following too closely".

Is there any point fighting this? The cop told me there needed to be overwhelming evidence against the other driver for it to be her fault in this case, and we never flagged down any witnesses. The only reason I ask is while we were waiting for the cops, the girl was yelling into her phone that this was the third time she got rear ended... now, this is heresay and therefore probably inadmissable, but I feel like I had a sufficient buffer and was driving at barely 20mph, so is it really following too closely?

Also, if I fight the ticket, should I be informing my insurance company, or is that admission of guilt? I know she is sure to call my insurance.

Oh, and btw, she refused to show not only me but also the cop her insurance card, and got ticketed for the same.

Any help is appreciated!

Thanks.

[Who'sThatGuy]

If you were only going 20 mph and had 2 car lengths between your car and the other, you were ether not paying attention (careless driving) or misjudged your distance between you and the car in front of you and were following to close.

Because if you were going 20 mph with 2 car lengths between the both of you, a child could have ran between both your cars and you could have stopped without hitting the child.

[jk]

but I feel like I had a sufficient buffer and was driving at barely 20mph, so is it really following too closely?

the fact you hit her proves you were following too closely. As the cop said, unless you have overwhelming evidence to support a claim it was her fault, it will be seen as your fault.

and just so you know; unless she cut you off and slammed on her brakes, it is your fault. That is the type of thing the cop was referring to.

The only reason I ask is while we were waiting for the cops, the girl was yelling into her phone that this was the third time she got rear ended... now, this is heresay and therefore probably inadmissable,

yes, that is hearsay but even if it wasn't, it wouldn't prove she was at fault. It simply proves she drives in places where people tend to not pay close enough attention to the car in front of them and end up hitting it.

[murtazapen]

Thank you guys for your insights.

So, what's the SOP now? Should I call my insurance company and report the incident or wait for the other driver to initiate a claim with them?

[Who'sThatGuy]

Thank you guys for your insights.

So, what's the SOP now? Should I call my insurance company and report the incident or wait for the other driver to initiate a claim with them?

You didn't notify your insurance company yet? That's the first thing you should have done. Call them now as they should have a 24 hour claims line.

[murtazapen]

Will do, thanks Who'sThatGuy.

[blewis]

I disagree. I don't think that you will have a difficult time getting out of this ticket. The girl will have to appear at the hearing in order to assure that you are convicted. From my experience, there's only about a 25% chance that will happen. Unless the officer actually witnessed the accident, the only testimony he can give is about the positions of the vehicles when he arrived on the scene and anything YOU said to the officer. He CANNOT testify as to what the girl said -- THAT'S hearsay. So, unless you spilled your guts and admitted that you were driving too closely, I think you'll have a decent shot at a dismissal. However, you'll have to submit a discovery request to see what, exactly, the officer says in his sworn statement.

I also disagree about contacting your insurance company -- unless the girl is claiming she was injured. First of all, since there is little or no damage to her car, she has little or no reason to contact your insurance company. If I were you, I'd contact the girl and offer to pay what little damage she has -- out of your own pocket. The reason is that as soon as you file a claim, your rates will most assuredly go up. If you have a "safe driver" discount, it will go away. If you have a "good student" discount (I don't know how old you are), that, too, will go away. Now, if she claims to be injured, go ahead and file a claim -- you don't want to get involved in "medical" costs.

So, unless the girl claims to be injured or the damage to your car was "substantial" (and most people have a $500 deductible collision coverage), you will probably end up repaying your insurance company MANY times over the repair cost of your car.

My advice, therefore, is to avoid involving the insurance company (with the "injury" caveat), contest the ticket, submit a discovery request. If the officer's statement seems too damaging, you may still be able to get a deferral, assuming you're eligible.

Barry

[murtazapen]

Thank you Barry! I went ahead and filed a claim with insurance last night, so that's done... I took photos at the site and I honestly couldn't see any damage to the other car, but the girl was making a big deal of it. She may well claim whiplash or similar after thinking about it, so I figure better let insurance handle it. Yes, I'll lose my safe driver discount... I'm not asking for any repairs to my car btw.

To the cop, all I said was I rear ended her. I assured him I was driving with a 2 car buffer and doing 20-25. He hasn't noted those in the ticket he gave me, but it may be in his report. I never admitted to following too closely, because I truly don't believe I was.

But yes, I will contest the ticket and see where it goes. I'll update this thread once I have discovery.

Thanks again guys!

[murtazapen]

Hi Barry, received discovery for the above. The police report is pretty bare bones, and there is no witness list included, so I am guessing the other driver does not need to be there... I will reiterate my stance that the other driver stopped suddenly and that I had sufficient buffer given the stop and go traffic, but I don't know what to do other than tell my side of the story.

Here is the discovery: http://dl.dropbox.com/u/8247598/Discovery.pdf

Please let me know what you think.

Thanks!

[jk]

. I will reiterate my stance that the other driver stopped suddenly and that I had sufficient buffer given the stop and go traffic, but I don't know what to do other than tell my side of the story.

The claim to having a sufficient buffer is not sustained be the result of the situation. The fact you did hit the other car shows you either did not have an adequate buffer or you simply were negligent and failed to stop within that adequate buffer. Either situation makes you guilty.


I don't know what Barry was saying about the other driver needing to be there for her to assure you are convicted. The problem with that: it is the state that is prosecuting so they have to prove your guilt. Unless the state would require the other driver as a witness, there is no reason for her to be there at all. Unless you can dispute the report, I see no reason you would not be found guilty.