Fault disagreement

UPDATED: Oct 1, 2022

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Fault disagreement

I was recently involved in a fender bender and am in a frustrating situation. The other driver stopped right in front of me, without reason or indication. I was not able to stop and hit the back of their car with the front of mine. We did not call the police but exchanged insurance information. I just learned

that the other driver is trying to say that I am at fault. Is that true? If it’s not, what can I do about it?

Asked on December 6, 2017 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, if you ran into the back of his car, you are legally at fault: the rear driver in such accidents is almost invariably at fault (unless his car was hit first and forced into the car in front of him). The law requires you to maintain such safe following speed and distance, given road and traffic conditions, that you *could* stop in time if the car ahead of you came to a halt abruptly; therefore, being unable to stop in time makes you at fault for the accident.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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