I puss out at the state patrol office. Hit and run.

[AcidRock23]

I don't get why everyone thinks by tapping the brake makes him liable or partially liable. He has every legal right to tap the brake, that's why the law states you must be a reasonable distance behind the car in front of you in case of a sudden stop.

He has every right to put on his brakes....

IF he has a reason to, ie the ground squirrel. If, in the heat of the exchange he told the investigating officer 'she was annoying me so I tapped the brakes to get her to back off', depending on the laws in the state where the loss occurred, he may not actually have the right to stop in that manner. In some states, there may be laws governing the manner of stopping as well as the manner in which you need to maintain the proper following distance. Defensive driving classes, which I went to the federally regulated one recently because of a ticket, specifically state 'don't stop suddenly if some idiot is tailgating you, pull over and get out of their way'.

[Phatferd]

I don't get why everyone thinks by tapping the brake makes him liable or partially liable. He has every legal right to tap the brake, that's why the law states you must be a reasonable distance behind the car in front of you in case of a sudden stop.

He has every right to put on his brakes....

IF he has a reason to, ie the ground squirrel. If, in the heat of the exchange he told the investigating officer 'she was annoying me so I tapped the brakes to get her to back off', depending on the laws in the state where the loss occurred, he may not actually have the right to stop in that manner. In some states, there may be laws governing the manner of stopping as well as the manner in which you need to maintain the proper following distance. Defensive driving classes, which I went to the federally regulated one recently because of a ticket, specifically state 'don't stop suddenly if some idiot is tailgating you, pull over and get out of their way'.

There is a difference between stopping suddenly and tapping your breaks. A lot of times I realize I am going 10 MPH or so over the speed limit and I put my brakes on to slow down. If there is a car 4 inches from my rear, so be it, it is their fault not mine if they hit me.

If he told the Cop that he was going 15 mph over the limit and she was on his ass, she had to be going over the speed limit as well, therefore, it becomes a moot point. She HAS to maintain a safe distance to operate her car out of a possible emergency situation.

I have actually been pulled over for driving too close to someone before. I just got a warning and the Cop told me I need to be able to see the bottom of the persons rear tires in front of me.

[AcidRock23]

that's for sure. I guess that the 64 dollar question would be what did he tell the cop?

[thedude]

I dont know what state you are in, but you could fight the citation and win because:

A) she hit you and therefore it is assumed that it was her fault.

B) she left the scene of an accident and therefore knew she did something wrong.

[Pokeyouindaeye]

I don't get why everyone thinks by tapping the brake makes him liable or partially liable. He has every legal right to tap the brake, that's why the law states you must be a reasonable distance behind the car in front of you in case of a sudden stop.

He has every right to put on his brakes....

IF he has a reason to, ie the ground squirrel. If, in the heat of the exchange he told the investigating officer 'she was annoying me so I tapped the brakes to get her to back off', depending on the laws in the state where the loss occurred, he may not actually have the right to stop in that manner. In some states, there may be laws governing the manner of stopping as well as the manner in which you need to maintain the proper following distance. Defensive driving classes, which I went to the federally regulated one recently because of a ticket, specifically state 'don't stop suddenly if some idiot is tailgating you, pull over and get out of their way'.

Heh, my driving school told me just to keep driving if there's a small animal in front of you.

[AcidRock23]

I dont know what state you are in, but you could fight the citation and win because:

A) she hit you and therefore it is assumed that it was her fault.

B) she left the scene of an accident and therefore knew she did something wrong.

That still depends on what state he's in and what he told the cop. If he told her 'she was coming up behind me and I wasn't gonna get out of her way so I figured I'd tap the breaks' and there's some sort of regulationa against stopping suddenly, the proper disposition would be, IMHO, TWO tickets, him for stopping for no reason and her for following to closely and failing to reduce her speed to avoid an accident. I have to suspect he did tell the cop something to implicate himself.

[reznorsboy]

The person that hits from behind is at fault. What hapened to you is that the cop didn't want to do the paperwork and used the Jedi mind trick to get you both to think the best option was dropping the whole thing. I work in Law enforcement and I see this all the time.

It is very difficult for them to convict you on a violation that they didn't witness. They can still write you a ticket but if you faught it you would win. If you both have insurance she is required to give you her insurance info. I'm from Canada so it is different up here but the way it works is you make a claim with your insurance and they fix your car, then they go after her insurance for the money.

[thedude]

The person that hits from behind is at fault. What hapened to you is that the cop didn't want to do the paperwork and used the Jedi mind trick to get you both to think the best option was dropping the whole thing. I work in Law enforcement and I see this all the time.

It is very difficult for them to convict you on a violation that they didn't witness. They can still write you a ticket but if you faught it you would win. If you both have insurance she is required to give you her insurance info. I'm from Canada so it is different up here but the way it works is you make a claim with your insurance and they fix your car, then they go after her insurance for the money.

That is how it works in every state that i have ever seen the laws in.

Since she rear ended him, she is at fault. The lead driver has the right to slow down. YOu are supposed to have multiple car lengths between you and the guy into front of you.

[Lofunzo]

This past 4th of July someone accused me of doing a hit and run on their car parked on the street in my neighborhood. Suppose to have happened at 11:15 pm
I had pre-existing damage to my explorer from a year before (ice storm and a spin out)
Finally after some phone tag with the investigating cop we finally talk he tells me they have my tag # there are eye witnesses.
Now I don't live with anyone and no one else has a key to my truck.
So I'm immediately thinking some saw my truck and the damage and decided to try and cash in at my expense.
So the cop tells me he came by knocked no one answered (I was asleep), went and looked at my truck and said the damage was comensurate with their damage. And said if this goes to court I'll be charged with felony hit and run. Then I said to him, I suggest you go back tell who ever is making this claim that after I proove existing damage, they can be charged felony fraud and conspiracy to comit fraud. Never heard from them again.

Any insurance adjustor worth a dime can tell the difference between "old" damage and "new" damage.

1 thing that I am really troubled with is the amount of damage. Since both of you were travelling in excess of 70 MPH, I don't see how only your bumper would be scratched.

I used to subrogate claims. Basically, I would recoup payments and deductibles from other insurance companies based on liability. Mind you, that was many years ago but I still remember how to do it. Anyway, if the hit was a straight rear-end hit, she should be liable. The citation against you won't help but I have gotten around that. If the hit is more at an angle, you might have more problems. My advice would be to forget about it if you really don't have any damages. I would make sure to contact your insurance company in case she files a claim against you. If your insurance company pays out more than a certain amount (used to be $500 in N.J.), your premiums could go up.

Did she have any damage?? If you decide to pursue this, a nice witness statement from a gas station attendant will go a long way.