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  1. #1
    Join Date
    Feb 2007
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    5

    Default Deliberate sudden braking to cause an accident

    I was at a stop light at a major 6 lane intersection last week and there were two cars ahead of me. The light changed to green, the cars ahead of the person in front of me and beside us all took off. The driver ahead of me didn't seem to notice. The car ahead of him was already through the intersection and down the road a hundred yards. So finally I hit the horn to alert them that the light had changed. At most, two seconds on the horn, no gestures, nothing to tick him off, I thought.

    The driver takes off, I follow him, then halfway into the intersection he slammed on his brakes and came to a complete stop. I had to slam on mine and manuever to the left to avoid hitting him. Since I was now in the middle of the intersection, I stepped on the gas to get out of the way and passed him on the left while he sat there. I could not see the driver as I passed because his windows were so dark. I was naturally unnerved by his actions and ticked at him, but relieved his plan to have me rear end him did not work.

    I drove on, he followed me. Then I worried he was going to try to do something else to me. I was not comfortable stopping to talk with this maniac for fear he would escalate it further. So I drove on. After a mile or so he turned off and I thought that was the end of it.

    The next day I get a call from his insurance company charging that I hit him and ran. (How can they get my name, address and insurance information from my license number?) At the time I felt no collision or impact when I went around him but it all happened quickly. After I got home I checked my bumper and there is a very small light scrape on the corner of the chrome bumper that could be from this incident or something else. No paint from his bumper.

    A police officer came out last night, looked at my bumper, heard my side of the story, and agreed with me that this was so minor he is not surprised that I did not know it had occurred. He did not issue any citation, he only filed an incident report. He said the other driver was trying to convince him that there was a dent in the bumper and the bumper needs replacing. But the officer saw and felt no dent, just a small scratched area on the bumper.

    Now, my questions:
    1. Am I liable for damage to this guy's bumper when he clearly tried to cause me to rear-end him?

    2. Can I charge him with causing the "accident"?

    3. What are the chances my insurance company will defend me in this matter, or will they pay for a new bumper and increase my insurance?

    4 Is there anything else I should be prepared for from the insurance company or the authorities?

    I've had no moving violations or at-fault accidents in 30 years of driving, so I'm new to this. Thanks for reading this diatribe and any advice you can provide.

  2. #2
    Join Date
    Feb 2007
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    5

    Default Re: Deliberate sudden braking to cause an accident

    I forgot to mention this happened in TN.

  3. #3
    panther10758 Guest

    Default Re: Deliberate sudden braking to cause an accident

    Now, my questions:
    1. Am I liable for damage to this guy's bumper when he clearly tried to cause me to rear-end him? That si not for us to say we have not seen his/her evidence or heard his/her story

    2. Can I charge him with causing the "accident"? Sure but do you have evidence to support your claim

    3. What are the chances my insurance company will defend me in this matter, or will they pay for a new bumper and increase my insurance?Slim and none your insurance compnay will only defend itself not you! Hire your own Attorney

    4 Is there anything else I should be prepared for from the insurance company or the authorities? Collect all evidence in this matter pictures, statements etc you have an uphill battle

    I've had no moving violations or at-fault accidents in 30 years of driving, so I'm new to this. Thanks for reading this diatribe and any advice you can provide.Yes consult with an Attorney who works with these types of cases

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Deliberate sudden braking to cause an accident

    A sudden emergency may provide a defense to rear-ending somebody. If the court accepts that he slammed on his brakes in a demonstration of "road rage" and caused the incident himself, his damages will be his problem and not yours.

    When you can get the police report, take a look at the officer's conclusions about the "accident". You can try to "charge" whatever you want but the prosecutor is likely to be interested only in the officer's conclusions.

    I don't know what the comment above about insurance companies is supposed to mean. You can turn the claim over to your insurance company and have them handle it, if you wish. If you are sued your insurance company should provide you with legal representation.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deliberate sudden braking to cause an accident

    BBfan;84432]Now, my questions:
    1. Am I liable for damage to this guy's bumper when he clearly tried to cause me to rear-end him?
    as panther posted, that is not for us to say but I will say it is probable.
    2. Can I charge him with causing the "accident"?
    rear ending another is generally accepted as prima facia evidence of the driver in the rear being at fault. Not that it is always this way, it is typical and diffcult to prove YOU were not following too closely, not paying attention, not stopping within an assured distance and the actual reason for the damage.

    3. What are the chances my insurance company will defend me in this matter, or will they pay for a new bumper and increase my insurance?
    if this matter would end up in court, your insurance company would have to defend you but due to the minimal damage involved, they will maoe than likely pay off the claim since it will be much less expensive than litigating the matter. and yes, it will be charged against you and your rates will reflect this.

    4 Is there anything else I should be prepared for from the insurance company or the authorities?
    a dunning notice of the damages maybe? from the authorities; there is the posibility of leaving the scene of an accident. If the prosecuting attorney want to file charges, he is able to do so. The police do not make the determination although his input could be the deciding factor.

    I've had no moving violations or at-fault accidents in 30 years of driving, so I'm new to this. Thanks for reading this diatribe and any advice you can provide.
    You're welcome and congrats on your, up to now, stellar driving history. Don't let this beat you up. It too shall pass.

    Just a note; if you cannot stop before hitting the person in front of you, for whatever reason, you are at fault for driving too closely. Back off a bit, there are a lot of jerks out there that would intentionally try to get you to hit them. Oh, that's right, you did find one. Watch out for them.

  6. #6
    Join Date
    Feb 2007
    Posts
    5

    Default Re: Deliberate sudden braking to cause an accident

    Thanks for the replies. JK, I'm having cameras installed in my vehicles like the police have, so I can defend myself from nuts like this. I always try to leave the appropriate number of car lengths, but then that number of cars pull in front of me...

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deliberate sudden braking to cause an accident

    Quote Quoting BBfan
    View Post
    Thanks for the replies. JK, I'm having cameras installed in my vehicles like the police have, so I can defend myself from nuts like this. I always try to leave the appropriate number of car lengths, but then that number of cars pull in front of me...
    I understand completely. That is one of my pet peeves as well.

  8. #8
    Join Date
    Feb 2007
    Posts
    5

    Default Re: Deliberate sudden braking to cause an accident

    I found out yesterday from my insurance company that the other party claims that the wife was driving the car rather than her husband. However, she was the only person I could see through the windshield, and she was clearly in the passenger's seat on her cell phone, not behind the wheel. I don't know how she could have been driving from the passenger's seat. Why would they switch drivers for their claim?

  9. #9
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Deliberate sudden braking to cause an accident

    Maybe the husband has a bad record.

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