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  1. #1
    Join Date
    May 2015
    Posts
    2

    Default Accused of Causing an Accident that Occurred Behind My Vehicle

    My question involves an injury that occurred in the state of: California

    Hello. I need some input on an occurrence that happen a week ago. I was merging onto the freeway and got onto the middle lane. This other car merge onto the freeway as well but was well behind me. Then suddenly I see the same car behind me approaching at a fast rate of speed. I continue just driving however it seem like he was distract since as soon as he realize that he was about to hit me from behind, he slammed on his brake and turn his steering wheel. In turn losing control and trying to over-correct which he hit another car. I saw all of this unfold in my rear mirror. I proceed to slow down and pull to the side. Looking back I saw there were cars pulled over and people getting out already so I thought everything was taken care of so I proceed to go on. I should have called the police and told them what happen but figure someone already did.

    The next thing I knew later that afternoon, I get a visit from CHP. Apparently someone got my license plate down and told the officer that I caused the accident. He ask me if I was on the freeway when that accident occur. I told him yes I was and explain to him what I saw. He told me that someone reported that I hit something or someone hit me that caused the accident. I told him no I didn't hit anything. He asked if he can take a look at my car. I allowed him to check my car and saw there were no damages. He even compliment me on the car. I asked if I should have remain on the scene. He just told me that if my car wasn't damage, I didn't have to remain on the scene but I should have called and reported the accident. He ask me a few other questions if I knew what kind of car was behind me and if I saw the car earlier. I told him that I saw it enter the freeway the same time I did and notice he was distracted. After a few questions, he was satisfy with his finding that I wasn't involved in the accident. He took down my license number and phone number down. He didn't give me any paperwork and I didn't write down the officer name.

    The next day, I called my insurance just in case. The insurance told me that if my car wasn't damage or being accused of anything then they can't put a note on my policy. I would need to open a case number in order for them to put a note on my account. I told them I took video and picture of the condition of my car just in case down the road they need proof that my car wasn't damage. The officer didn't write down or ask for my insurance information.

    Do I need to worry? what can happen? This has never happen to me before hence why I am worried. What is going to happen next? What if the person behind me for some reason say I caused this accident. Any input is very much appreciate. Thank you for your time.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default This has been discussed at length on another site.

    http://boards.answers.findlaw.com/in...advice-please/

    You are likely to get the same answers here.

    But I don't imagine that will stop anybody from replying.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Accused of Causing an Accident that Occurred Behind My Vehicle

    Quote Quoting fisher9931
    View Post
    The next thing I knew later that afternoon, I get a visit from CHP. Apparently someone got my license plate down and told the officer that I caused the accident.
    I suspect that there's a bit more to the story than the officer shared, but perhaps not relevant to the outcome.

    It is possible to cause an accident without having physical contact with another vehicle. A driver can cut off another driver, weave into another driver's lane, slam on his brakes unexpectedly, etc., thereby causing another car to swerve or brake suddenly and possibly to lose control or strike another vehicle. But if the accusation is that you hit another car or an object so as to cause the accident, and that did not happen, then the accusation as stated would not support the conclusion that you somehow caused the accident.
    Quote Quoting fisher9931
    After a few questions, he was satisfy with his finding that I wasn't involved in the accident.
    Although the officer does not have to be honest with you -- he can make a statement of that sort to put you at ease pending further investigation and questioning -- I suspect that the officer was sharing his actual opinion.
    Quote Quoting fisher9931
    Do I need to worry? what can happen?
    Lots of things can happen. Absent something more than a mistaken witness statement, odds are that nothing more is going to happen. Only time will tell.
    Quote Quoting fisher9931
    What if the person behind me for some reason say I caused this accident.
    Then the insurance companies will investigate the competing versions of the events, and assess fault based upon their interpretations of the facts; or the person might try to sue you.

  4. #4
    Join Date
    May 2015
    Posts
    2

    Default Re: Accused of Causing an Accident that Occurred Behind My Vehicle

    thank you both for your comments. I understand that its possible to cause an accident without physical contact however I did not cut anyone off and suddenly brake. I was driving normally in the lane when the car approached me at a rapid pace. I do not think he gauge the distance correctly and panic that he might have rear ended me so he braked too hard and swerve making him lose control.

    I will have to wait and view the reports as mention by adjusterjack.

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