I rear ended someone that slammed on their brakes for no obvious reason on the highway. Anyhow, we get out and check the damage to her bumper and exchange insurance info. I ask for drivers license and she says that it is suspended. Technically, the accident is my fault for running into her, but I don't think I should have a claim put on my policy because she shouldn't be on the road. Anyone ever come across this?

 

First, the question of fault. You're correct. The accident will most likely be written up with you at fault, despite the fact that her license was suspended. But, obviously, she will also have to face charges for that as well (driving without a valid license), and she may end up having the license revoked permanently or have to some jail time.....that will be up to the judge.

Also, I'm not a lawyer in this area (and it may be a good idea to ask a lawyer about this) but, by driving without a license, she just might be civilly responsible for the damage on your car even if she was not criminally liable, as she is for driving without a license. If so, that would, of course, avoid an insurance claim on your part.

One possible exception to you being held at fault could be if she was not in front of you to start with, but, suddenly switched lanes, pulled in front of you and THEN hit the brakes, completely surprising you....then you might have an alibi, but don't count on it.

Now...as to why her car stopped so suddenly, it could depend on a number of things. Was it a car with the electronic Brake Assist system? That system anyalzes the driver's pressure on the brake pedal, and if it THINKS that you want to stop to panic-stop the car, even if you DON'T, it still slams the ABS on full-force....and sets you up for exactly this kind of rear-ender. That is why I've never liked the Brake Assist system...it is a rear-ender waiting to happen.

Was she also trying to brake at the last second for a yellow/red light at a camera-controlled intersection? Those cameras are notorious for making people brake at the last second and causing rear-enders. But you stated no "obvious" reason, so I assume that we can discount this?

 

Two wrongs don't make a right. You are in the wrong, and so is she. The court doesn't say "oh well since you both screwed up we'll just forget all about it".

Man up and take responsibility for your actions and don't worry about her, she'll go to jail for driving on a suspended if she files a claim so that would be a nice incentive for her to drop it.

 

Both good points. I have no problem "Mannin up", it's just a minor claim on my insurance. First one I've had and it's just some minor bumper damage. I was just wondering if the insurance company is actually going to pay for it anyway. I assumed that they would just deny the claim. Ah well, either way I'm good to go and my car will be fixed in a couple days.

 

You said that she slammed on her brakes for "no obvious reason" on the highway. Did she try to prevent hitting another car or animal? There's not info for me to say yeah it's four fault so your gonna pay up. I came across this many years ago when I was involved in a 4-car accident when the person in front of me slammed on their brakes and I hit his rear and then I got rear-ended too. The person who caused the accident was trying to reach over in his car to get something which lead to the accident. And guess what, the guy got off clean because all the info he submitted when the cops came was bogus. In the end, myself and the two other people involved were left with bills.

 

^^^
In most states, if not all, you rear end someone, its your fault, period.

 

There's actually a well-publicized scam about accidents like this, where unscrupulous people delibrately slam on their brakes to force cars behind them to rear-end them, then get fake doctor reports and sue the guy who hit them for fake whiplash "injuries". That, however, was unlikely in this case, as those scams usually involve one of more people in the back seat....apparantly this was just one person.

 

As far as insurance liability is concerned, it doesn't matter whether or not the other driver had a suspended license. I have heard of the "uninsured/suspended license driver not at fault" defense used in civil cases (i.e., in a court of law) but I really doubt it will pass muster in this day and age (and certainly not in a criminal case). At the same time, I'm really surprised she even asked to college your insurance info. If she files a claim, she's going to be on the hook for driving with a suspended license. I would have just ran off, if I were her.

 

If she calls you simply state "we'll have to do this the proper way by filing a police report to go through insurance. This mean you'll be charged with driving on a suspended and I'm guessing without insurance also. The fines, court costs and penalties (possible jail time) will likely be far greater than the cost of scratches on your bumper..... are you certain you want me to call the police and proceed with the claim?"

The next thing you'll hear is "CLICK".

 

She says that she wasn't paying attention and thought that she needed to brake hard when she looked up. I didn't bother asking her anything else about it. I'm just used to the "you rear end someone it's your fault rule". The adjuster actually called me today and says that he has to wait until the office is open on Monday to find out what they'll actually do. She didn't seem like she was trying to scam me or anything (do they ever?), she actually asked me "what are we supposed to do?" when we got out of our cars. I gave her the info and asked for hers too. She didn't have a clue. Guess we'll see on Monday.

 

There's much misunderstanding when it comes to EBFD (Electronic Brake Force Distribution) as Lexus calls it. There is no car built today that will interpret a panic stop and automatically apply full braking force. Electronic braking does interpret a panic stop and does in fact apply full braking force so long as the driver maintains pedal pressure. The instant the driver releases brake pedal pressure the electronic brake force is canceled. It would be a huge liability on any manufacturer's part to build EBFD equipped cars that would maintain full braking force after the driver releases brake pedal pressure.

 

I am an insurance agent, and yes, you are right.

 

Regardless, if that were me it's something that I would not go easy with unless if I were tailgating which I would never do. The woman said she was not paying attention so why should the guy be at fault? Again if I were to be tailgating then I know for a fact that I'm at fault. But it's purely nonsense that the insurance companies think that and thats why you have scams being done to honest drivers.

 

But if he wasn't following too closesly then shouldn't he have been able to stop on time?

I remember my dad always telling me to always treat other vehicles on the road like they are being driven by irrationali idiots...Expect the unexpected...So we should always be ready for anyone to slam the brakes in front of us... .. It sounds OD..but we are all guilty of not paying attention to the road at times...or texting..or looking at the stereo..etc. etc.

but back on topic....

I say to break it down to her on the phone...
Let her know it's not gonna be worth it for her

 

yes it is your fault, but you should tell her to leave you alone or else you will file a report and she would have to face the consequences.