Quote:
Originally Posted by Zeke
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.
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I remember many years ago when your situation in California made news all the way up here in Washington. Apparently, at the time your state laws held the driver of the following vehicle "responsible" in any and all "rear end" collisions.
It was at the point where insurance scammers were diving in and cutting off other drivers on the freeways, locking up their brakes, and causing rear end collisions. There was absolutely no recourse under California law at that time for the following driver who "rear ended" the car in front of them.
The California state legislature reportedly addressed this and changed the law. This was 20-30 years ago, at least.