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Rear End Collision. I feel like I am being punished for being rear ended

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tinob

Junior Member
Hello, I am from Virginia and I just got into a rear end accident today where another car hit me. I have been driving for 8 years without an accident and the other driver has been driving for only 2 years.

This is what happened, while going home from work on the highway I-95, due to holidays it was bumper to bumper. I was in the right lane when all of a sudden I hear a BUMP!! hard hit from behind. I was zoned out for a few and finally noticed what happened.

the end result, the guy lied and said that I was trying to get on the highway from the exit when all along I have been driving on the far right lane from 10 miles back. The cop gave me and him both tickets and told us to appear for court (since there were no wittnesses).

Now I just called his and mine insurance and gave them info and they will get back to me. I am worried that I will get screwed here by insurance and by court because there were no witnesses. Is it possible for the insurances to do some logical or some other test to see who was at fault? I am really nervous and actually in minor pain right now (going to doctors tomorrow). This stress is killing me on top of it, please help :(:(
 


teflon_jones

Senior Member
Do you have any proof to show where you were coming from/going to? I.E. was it your normal work commute? This can help show that the other driver was lying.
 

tinob

Junior Member
hello

Yes I have proof because it was my regular work commute, I told the cop that there is no way I could be coming from that side. My work people can vouch for me when I left from work and what route I usually take.

What do you think insurance company would do? I am worried and I don't want my insurance to go up, I want his company to pay for the damages :(
 

teflon_jones

Senior Member
Collect signed statements from your coworkers on what time you left work that day. Time the drive during that time of day to show where you would have been on the highway during a normal commute.

What exactly is the ticket you were given?
 

tinob

Junior Member
I can get that, does the insurance company needs it as well?
I got a ticket for improper lane change. As I told the cop its impossible for him to hit me this hard even if that did occur. Traffic was going at maybe 10-20 mph, if I switched lane so fast from ramp (whichis a lie) I wouldve got rear ended but not that my car is almost totalled and so is his.

Also is it possible to get recording of highway 95 at that time. I know they have traffic cams.
 

moburkes

Senior Member
The damage itself will probably be your best evidence. If you were merging then the damage would primarily be on one side of the vehicle, but if you were hit from behind, then the damage should be spread out eevnly across the back.
 

tinob

Junior Member
that is the thing. He was trying to the middle lane from behind me so his right side hit my left side. so my left rear is distroyed and he has damage all throughout the front.
 

moburkes

Senior Member
that is the thing. He was trying to the middle lane from behind me so his right side hit my left side. so my left rear is distroyed and he has damage all throughout the front.
Read what you write, and rewrite it again, so that it makes sense. I have no idea what you are trying to say.
 

tinob

Junior Member
yes sorry.
I was trying to say that he was either trying to get into the middle lane from behind me really fast or trying to merge to 95 from the exit. The traffic was going 5-10mph if that, I was hardly moving because people were merging in front of me and the way he hit the car there was no way that it was a 5-10mph hit.

The damage on my car is on the rear left and on his car its the front right.
 

moburkes

Senior Member
You'll just have to trust in the insurance companies, at this point. Sorry. Good luck. Don't forget to fight that ticket.
 

tinob

Junior Member
Thanks, I am hoping that I won't get screwed here I feel a little better after all these posts by you guys. I am getting a top lawyer for the court.
 

tinob

Junior Member
update

I will be meeting with my lawyer today regarding this. I tried to get a copy of the police report and was told that the report is sent back to the trooper for correction. My good friend (fairfax county policeman) told me that VA state law indicates that the person who rearends another car is by default at fault. Wonder what you guys think of that?
 

moburkes

Senior Member
I'm not sure that its a law, but most police and insurance companies consider the person in the back the at fault party, unless circumstances (such as the vehicle in front of you changing lanes....) show otherwise. Good luck.
 

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