Rear-End Collision After Getting Cut Off and Slamming on Brakes

This was an accident, no injuries but just damage to mine and the other guys car.

Full story:

Driving down a road as my car starts acting weird so i slow down turn on my flashers to pull to the shoulders and to warn everyone behind me. cars on right still passing me by, as my car acts more wierd so i stop my car to let everyone pass me by. car behind me stays behind me honking his horn for 2-3 minutes straight so i see a clear right lane and as i start to accelerate up to 25-30 (speed limit 45) the car behind me in road rage accelerates real fast and goes to the right lane cuts me off withing 3-4 ft and slams on his brakes. I hit him in the rear, he barely has any damage and my car is badly damaged. We pull over to the side with him having a smile on his face. A witness comes by gives me their information. Cops give me a ticket for failure to pay attention without talking to the witness. My insurance talks to me, the passenger and the witness and says it's the other guys fault. His insurance is blaming me for not paying attention and not following rules to have a safe following distance. How would i have a safe following distance when he comes from behind me and cuts me off and slams on his brakes and i barely have any time to react and prevent the accident. The lane i was in (left) was completely clear, so for what reason did he have to cut me off. His insurance is still blaming me...after speaking to the witness who says he cut me off and slams his brakes. I don't know what else to do! His insurance investigator is just putting it on me so they don't have to pay. What should I do?

You have two choices.

Have your own insurance cover the damage under your collision coverage. You'll incur a deductible. Then, if your insurance company agrees that the other driver is at fault it will seek reimbursement and you'll be refunded your deductible if your insurance company gets reimbursed.

Or

Sue the other driver for your damage and prove, in court (with your witness) that it was the other driver's fault.

Did you actually stop on the roadway? Bad move.

anyway, even with the idiots actions, I find it hard to believe that you could not have acted defensively and avoided hitting his car. You say you were just beginning to accelerate when he pulled around you and cut you off and hit his brakes. Why didn't you hit your brakes as soon as you saw him moving to get in front of you given how close he was? 3-4 feet is extremely close; so close that to actually get in front of your car with that small space, it would have had to appear as if he might actually hit your car as he was moving to get in front of you. After all, you did say he was behind you and was actually just passing you. That would mean it was kind of a simultaneous motion of pulling around you and pulling in front of you in one action. When you saw him pulling towards you, most people would have hit their brakes to avoid being hit.

due to that, I wold see at least some shared culpability here. That may be enough to thwart any claim you may have against him although I would also expect his actions to defeat any claim he had against you as well.

Thank you for help.

adjusterjack, i have liabilty so i don't think my insurance will cover the damages. My insurance is on my side, his insurance is just arguing that it's my fault.

@jk, I understand your point but there was no way someone could have reacted. even if I had slightly braked and had a distance of a car length, i still would have hit him. he literally cam up in front of me and slammed on the brakes, no matter what i had done could have avoided the accident and the other guys insurance fails to see that, or they do but just don't want to pay me. I have a witness, and still they go against me. Investigator was trying to intimidate me while recording my statement and asking questions. There was no car in front of me, lane was clear. So why did he have to cut in front of me and he had road rage...this is impeding the traffic. Could I use that as an argument? I am most likely going to lose this and will probably go to small claims court.

Quote:

---

Sh1;752260]Thank you for help.

adjusterjack, i have liabilty so i don't think my insurance will cover the damages. My insurance is on my side, his insurance is just arguing that it's my fault.

---

if you do not have collision coverage, then the position of your insurance company is irrelevant.

Quote:

---

@jk, I understand your point but there was no way someone could have reacted. even if I had slightly braked and had a distance of a car length, i still would have hit him.

---

so for some reason, even though you were aware he was "cutting you off" you took no action to prevent a collision that would have appeared to be coming from the side but he had time to get in front of you and you still failed to react.

Quote:

---

he literally cam up in front of me and slammed on the brakes, no matter what i had done could have avoided the accident and the other guys insurance fails to see that,

---

but you were stopped as was he. Then as you started to move, so did he and apparently immediately went to go around you after which he slammed on his brakes. So, just where did you lose site of the guy as he passed you and cut you off? My point is that since he was always there, you would have seen as he veered in front of you before he ever got in front of you. You should have taken defensive action at that time. It would appear you simply continued on your way and were accelerating, even after he got in front of you, until he hit his brakes. Once he got in front of you, your obligation was to slow so that you would create a legal distance between you and him. Continuing to accelerate means you did not do this.

Quote:

---

So why did he have to cut in front of me and he had road rage...this is impeding the traffic.

---

and by stopping on the road you too were impeding traffic.

I'm surely not condoning his actions but it also sounds like you failed to act with due regard to his actions.

Because you rear ended a vehicle in the road obviously. According to your testimony, you changed lanes and rear ended a car because you did not have assured clear distance when you did so.

Quote:

---

Quoting Sh1

---

Thank you for help.

adjusterjack, i have liabilty so i don't think my insurance will cover the damages. My insurance is on my side, his insurance is just arguing that it's my fault.

---

What you have to understand is that the other driver's insurance company is not your insurance company and owes you nothing unless and until a court of law finds the other driver responsible and says how much.

Their only obligation is to their own policyholder.

Without collision coverage, your only option is to sue the other driver and bring your witness into court to testify as to the other driver's fault.

I also agree that your insurance company's adjuster's opinion is irrelevant.

What state are you in?

I am in VA and just got word that they have completed investigation and im at fault. Great maybr next time I can cut someone off and slam on brakes intentionally and get paid for free. (Im not really going to do it its just a very sad situation as people do actually do it and others pay for it.)

There are 2 sides to every story. That leaves the burden of evidence and application of law to determine the direction a decision takes.

Quote:

---

Quoting Sh1

---

I am in VA

---

That's unfortunate. VA is one of the few remaining states that apply the doctrine of pure contributory negligence which means that if you are even partially at fault you are barred from recovering anything.

In court you would have to prove that the other driver was 100% at fault in order to win. Not just mostly at fault, but 100%

Quote:

---

Quoting Sh1

---

they have completed investigation and im at fault.

---

Who is "they"?

Your insurance company or the other driver's insurance company?

If your insurance company agreed that you were at fault, your insurance company will pay for the other driver's damage and surcharge your policy for an at-fault accident.

Quote:

---

Quoting Sh1

---

maybe next time I can cut someone off and slam on brakes intentionally and get paid for free. (I'm not really going to do it its just a very sad situation as people do actually do it and others pay for it.)

---

Then take a shot at suing the other driver. VA small claims limit is $5000. If your damage is within that amount you can do it without a lawyer and see if you and your witness can convince the judge that the other driver was at fault. All you've got to lose is some time and your filing and process service fees.

Just make sure that witness is willing to go to court and testify. If not, then forget it.