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If I were to rear ended someone who slammed on their brakes because some one in front of them slammed on their brakes

Portland, OR |

We were to have pulled over and then they couldn't produce their proof of insurance. I asked why he slammed on his brakes and he said the person in front of him did the same. So my damage is about a few thousand. and he has needs a detail to buff the paint and a few apron fasteners. probably 1,000.00 . So if we were to call the police to the scene he would have been sited for driving with no proof of insurance. however and we would have mandatory had to file a police report which would show up as accident. What is the best way to deal with this. Do i have to pay him because I rear ended him or is there a chance that because he admitted fault to causing the accident I would not be at fault ? Also there is a chance he has insurance just no proof is there any play to the situation by that?

Attorney Answers 8


  1. Regardless of fault, avoid potential problems and just report this to your insurance company.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. The best and safest way for you to handle this is to report it to your insurance company. Let your insurance company deal with the other driver and the fact that he did not have insurance and that he admitted fault.


  3. If you rear ended someone and report it to your insurance company, your insurance company will most likely accept liability (admit it was your fault).


  4. You are best off letting your insurance company handle the matter, whether it is paying for the cost of repair of your car, or for the car in front of you. From your account, the car in front was successful in not hitting the vehicle in front of it, while you did not have the same success. I don't believe that his given reason for "slamming on his brakes" automatically constitutes an admission of fault. In many states, when there is a hit-in-the-rear, there is a presumption of negligence on the part of the driver of the rear vehicle. The fact that the car in front did not have insurance will not affect a determination as to who is at fault for causing the accident.


  5. You should let your insurance company handle this. As far as fault is concerned, the driver you hit was able to stop before hitting the car in front. He was driving carefully. He was driving with enough distance between him and the car in front and at a speed that allowed him to stop. You did not. You were too close. You were going to fast. The proof of this is the fact that you hit that person. You were careless.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


  6. Report it to your insurance company to sort out


  7. The responsibility is on you to leave enough space between your car and the car in front of you that you can stop in time if they have to slam on their breaks. The recommended distance is one car length for every 10 mph of speed you are traveling. If you are at fault, which seem likely, his lack of insurance is not defense for you. Turn this one over to your insurance company and let them figure it out. http://www.portlandlegalservices.com

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.


  8. This is why everyone has insurance. Report it to your insurance company. If you were injured in the accident, you should see a medical professional, regardless of who is at fault. In Oregon you have Personal Injury Protection (PIP) and are covered for related medical bills regardless of fault (up to your PIP Limit). If it is just a matter of who is at fault, the insurance companies will sort it out. If you are sued, your insurance company will appoint a lawyer at no cost to you.

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