Quote:
Originally Posted by Jeff Higgins
I don't get it. You have the actual, physical license plate from the other vehicle, right? And a good witness? Are the cops not pursuing this as a hit and run? If not, why not?
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I'm not sure why no one has asked about rear ending a car and then blaming it on the other driver. From what I know here in CA, and having been licensed and driving for nearly 60 years, the car in front
might get a ticket for reckless driving and/or causing an accident (very gray area and hard to prove). However, the car behind usually gets the blame as the law states that you must be in control of your vehicle at all times (not a gray area, just way too broad). Also the other driver (in CA anyway) is required to fill out an SR-1 if the total damages for any and all involved is more than $1000, if anyone was injured even slightly, and of course anyone killed. I got nailed on that SR-1 thing even though the ins co was handling everything smoothly. My license was temporarily suspended until the report was received.
The point is the other driver bears some responsibility in at least some fashion. The OP here was fortunate to get a not-at-fault designation, but that don't mean siht to the ins co, just no points assigned to the NAF driver. BTW, the other driver getting a reckless driving citation would earn him
2 points.
AFA insurance goes, there is not enough of a chance recovering through subrogation for damages, so they let it go. Even $13,000 isn't much when lawyers get involved.
To make this a hit and run doesn't quite fit, but I speak as a Californian and am not cognizant of AZ vehicle law.