Rear Ended or Roll Back?

In TX it is always the fault of the rear driver.

"They rolled back into you? Tough. You should have left more room."

 

no clue if it varies by state, but where i live, if the accident is a car hitting another car from behind, the guy driving the behind car is almost always at fault - regardless what his mother might say to anybody .

maintain you had your foot on the brake and that you've been driving standard transmission cars for longer than this kid has been alive - never mind driving.

it's unlikely you'll lose - all the stats are against this kid.

now if you were on a hill stop, maybe there could be an argument, but it'll still be your word as an experienced driver against a kid with mere months of experience (you could probably hang it on him even if you were at fault, truth be told).

just my two pennies.

g/l,
doody.

 

Agreed. With no witnesses, they'll mostly ignore conflicting testimony and should go by the situation - i.e. rear driver is at fault.

 

I thought that if you rolled back into someone at a light, the rear driver was at fault anyways for not giving you enough room?

 

Was there enough of an incline to cause you to roll back with enough momentum to actually cause the damage? Mother was not a witness and although she can make all sorts of allegations the police will most likely look at the lack of driving experience by the driver and the circumstances. I don't know if the kid clammed up until mommy got there but if you had actually rolled back into him I doubt he'd need to wait until mommy got there to say you rolled back.

 

Who cares what the mother says? She is not a witness at all. If here testimony was allowed, you should go round up all your relatives to tell your story.

The mother's account is at best, only an account of what her son told her, and at worst, part of a conspiracy. If the son's testimony isn't good enough, why would the mom's be?

 

I think Georgia has this rule too. But anyway, from what I can imagine, since the mother wasn't on the scene of the accident, she has no weight, so it is your word vs. the kid's word.

Good luck on that one!

 

In Texas it's 99% rear driver's fault for not leaving the proper distance.....I've only seen one where the front driver was at fault. The individual was not paying attention and his vehicle rolled back from a red light a full car length....My brother rolled his 80s model truck into a Mercedes at a red light(moved back only about 12 inches), the Merc was at fault, and they needed a new hood, bumper skin, and lights, lol. My brother just had to reconnect his plate lights....

 

Did the police file a report of the accident? Where exactly is your car damaged? The back bumper piece is really cheap to replace on 1st gen. miatas. Probably get a new one and have it nicely sprayed for a few hundred. If the parent was somewhat cool (which I have the feeling she isn't), I would get estimates and see if she or her son would be willing to simply cut you a check for the repair and forget about running it through insurance. What kind of car was the kid driving? Any damage? If both cars only had minor damage, if I were the kid/ parents I would try and handle it without the insurance companies, save a lot of money in the long run.

 

Someone who knows can estimate the speed by the damage on a (I guess) a 5 mph bumper. It is a simple calculation and I bet it will turn out to be a little bit more than what you can achieve by a coast from a dead standstill in about 5 feet on a level (?) road. Seems simple enough.

 

How can someone arrive on the scene after the "knock" with a clear bias and "prove" anything?

WTF? Have the kid hanged and the mother shot, collect a sum from the court system and be done.

That's what I would do.

Oh! Do the court thing first though. Learn from my mistakes.

 

K.,
Sorry to hear about your accident. He is clearly at fault. Hope his insurance fixes your car nicely.

 

Unless a steep hill, rolling back with modern bumpers would probably show even less damage than you describe.

 

oh your neck hurts now? thats no good, only one thing to do lol....if the mother is gonna lie like that(im assuming your not lying because we all know fchat members dont lie lol..but even if you were like the above poster said it really doesnt matter, the dude in back is at fault.) you should, and if you have the time, teach her what can happen to liars.

 

They have these things called hand brakes - that's why theyre there folks - to prevent rollback on a manual - learn how to use it.

Having said that no way you were at fault.

 

bullsheet. if you are hit from behind here in Ga the other party is AUTOMATICALLY AT FAULT FOR FOLLOWING TOO CLOSE. this is state law and they cannot get out of it. period. get a lawyer and get a copy of the police report. they hit you, they need to make it right.
the mother of the kid can kiss your a$$. the cop must of been a new guy. i would talk to the officer in charge of the day and talk to the Chief.

you cannot get out of a rear end hit, unless you have it on video, or there are some other extraordinary happenings.