Accident From Behind Where Front Car Left The Scene.

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Accident From Behind Where Front Car Left The Scene.

My uncle hit a commercial van from behind. His car was damaged. The van had been in front of him for a while and was driving aggressively, erratically. It appeared the van breaked abruptly on purpose although he cannot prove that and there were no witnesses. There is no question the driver of the van knew that there had been a collision yet he left the scene and did not return. No one was injured. What are the insurance ramifications and he would still be at fault, right ?

Asked on May 6, 2009 under Accident Law, Massachusetts

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Was there any damage to the van?  If the driver of the van left the scene, I'm wondering if he took down any of your uncle's contact and insurance information.  If he did not, then he will not likely be making a claim.  If he does make a claim, your uncle will be held responsible for the accident as the driver in the back is typically at fault for a rearend accident, even if the driver in front stopped abruptly.  Unless there were witnesses, there is no way to prove that the van driver was driving erratically.  As for your uncle's car, if he has collision coverage, his insurance company will take care of paying for repairs to the vehicle less his deductible.  Fault is not an issue with a collision claim.  His rates could eventually go up if he makes additional claims during the policy term.


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