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got rearended....and cops said my fault

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Old 01-29-2006, 02:09 AM
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Default got rearended....and cops said my fault

https://ls1tech.com/forums/racer-s-lounge/444546-got-rear-ended-called-my-fault.html

but baiscly got hit from behind...and some witness said i slammed on the brakes ( i didnt) ...and the cop wrote me a warning and said that lays the blame to me for this...so like i said before..could i fight this with a chance of winning ?
Old 01-29-2006, 02:56 AM
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wow... didnt even know this was possible. i was always told that the person that did the rearending was automatically at fault because you're not supposed to be following someone close enough that if an unexpected mishap occured, you would not be able to stop in time.

a couple years ago, i was in the right lane on 128 S in peabody, and a 71 year old lady pulled completley onto the highway and then came to a complete stop... in moving traffic! they told me i was to blame because i was following too closely to not be able to react.
Old 01-29-2006, 03:38 AM
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you got a warning and not a ticket?


all you can do is report this to your ins. co. and go from there.
Old 01-29-2006, 09:54 AM
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In mass im pretty sure who ever rearends the other car is always at fault... at least thats what i learned in law class.
Old 01-29-2006, 11:31 AM
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The rear ender is at fault, unless it's possible to prove intentional or careless actions like slamming the brakes in road rage on someone. Now if a witness is against you, might be a tough one. But The law always says you must maintain a reasonable and safe following distance from the guy in front of you, and that distance must be enough to allow you to bring the vehicle to a controlled and safe stop.
Old 01-29-2006, 12:48 PM
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wow, in new jersey it is automatically the person who hit you at fault. i would lawyer up and fight the ticket then go after teh person who hit you for the trouble.
Old 01-29-2006, 02:20 PM
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By reading your other post it looks like someone cut you off then you went back and cut them off? The witnesses probly just noticed what you did.
Old 01-29-2006, 03:43 PM
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NY is zero fault regarding rear end accidents.. But im sure if it involved road rage + a witness the law can be bent...
Old 01-29-2006, 03:45 PM
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In new york, if someone gets rearended, its now automatically a no fault accident. doesn't make sense to me.
Old 01-29-2006, 03:59 PM
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CT's a no fault state also. whoever does the rearending is at fault no matter what. talk it to court and good luck to ya.
Old 01-29-2006, 04:12 PM
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Originally Posted by Slowhawk
By reading your other post it looks like someone cut you off then you went back and cut them off? The witnesses probly just noticed what you did.
you yourself admitted you sped up to get in front of them after they had just cut you off...even if you didnt slam on your brakes unless you lie I think your gonna have problems winning that case.
Old 01-29-2006, 08:40 PM
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PA is also a no fault state which sucks I had a guy with no brake lights come to a sudden stop in front of me and it was my fault luckly It was my old pos car not the hawk.

Rick
Old 01-29-2006, 09:21 PM
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i worded it kinda wrong i guess...it was on 290 so i went to the far right...and got back into his lane...not cutting him off but he was coming up a lot faster than i thought...and as i hit the gas to get out of the way he bumped me
Old 01-30-2006, 02:05 PM
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i had some ****** cut me off than come to a complete stop cause he was unsure if he wanted to make the turn or not...i had no where to go and tapped him then my friend who was following me had no time and rear ended me. so if all the rear ending stuff was true, i would have been at fault for starting the chain reaction, but in fact, there was no tickets issued and i was not found to be at fault.
the day where if you rear end someone its your fault isnt anymore cause whats to stop someone to just be driving along and all sudden feel like causing an accident and slammin on their brakes to get someone to hit them from behind?? thats bS!!
Old 01-31-2006, 12:54 PM
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Originally Posted by TNTramair
the day where if you rear end someone its your fault isnt anymore cause whats to stop someone to just be driving along and all sudden feel like causing an accident and slammin on their brakes to get someone to hit them from behind?? thats bS!!
That's when the cop issues you a ticket for something along the lines of "failure to maintain control" or something like that with the reasoning that you should have enough distance between you and the car in front of you to stop should something happen where he stops instantly. Does anyone do that....nope...but that's how it is in many states.

About 10 years ago, driving along during rush hour, heavy traffic, in a ford taurus behind a big pickup truck (big wheels, jacked up...the whole thing). Just as we crested over a hill, the truck changed lanes very quickly. Well, we found out it was because there was a stopped line of traffic. No place for us to go except smack into the last car in line. Guess who the cop ticketed..us..for something along the lines of failure to maintain control. Even though there really wasn't a way to avoid the collision, because we rearended someone else, NJ said that we were automatically at fault.
Old 02-01-2006, 12:13 PM
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I don't understand what you want to fight. You got a warning right? No actual ticket? Maybe things are different in Mass but in most other states a warning is simply that, a warning.

What do you need to fight?
Old 02-01-2006, 12:21 PM
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id fight it...that will **** your insurance hardcore...always worth a try
Old 02-01-2006, 12:54 PM
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I got rearended once and was put at blame for it....2 years and a few thousand dollars in ninsurance later I was finally able to get an appeal for it, to have the points knocked off my record. What sucks is that even though it got reversed and declared that none of it was my fault, the insurance company will not issue a refund for the extra money they had been charging for 2 years.
Old 02-01-2006, 02:25 PM
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ya stangman...same thing happened to me with my 92..i was backing out of the driveway and an old lady smashored my rear end...2 years later they took the points off and jsut took some money off my payments..they said they would pay out the couple grand slowly by lowering my payments for the next couple of years...

ya how come they can just add a littttle bit to my insurance hwen the accidnet happened then??



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